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ORDINANCE 2012-036 <br />between this chapter and any other law or regulations, this chapter shall be interpreted to avoid <br />the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If <br />this chapter is more restrictive, the provisions hereunder shall prevail, and no conflict will be <br />considered to exist. <br />(2) Areas to which the floodplain regulations in this chapter apply. The floodplain <br />regulations in this chapter shall apply to all flood hazard areas within unincorporated Indian <br />River County as established in Section 930.03(3) of these regulations. <br />(3) Adoption of Flood Insurance Rate Maps. The Flood Insurance Study for Indian <br />River County dated December 4 2012, and all subsequent amendments and revisions, and the <br />accompanying Flood Insurance Rate Maps (FIRM) and all subsequent amendments and <br />revisions to such maps are adopted by reference as a part of these floodplain regulations and <br />shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that <br />establish flood hazard areas are on file at the Indian River County Community Development <br />Department. <br />(4) Submission of additional data to establish flood hazard areas. Pursuant to <br />Section 930.07(2)(4) of the floodplain regulations in this chapter, the Floodplain Administrator <br />may require submission of additional data in order to establish flood hazard areas and base flood <br />elevations Where field surveyed topography prepared by a Florida licensed professional <br />surveyor or digital topography accepted by the community indicates that ground elevations: <br />1. Are below the closest applicable base flood elevation even in areas not delineated as <br />a special flood hazard area on a FIRM the area shall be considered as a special flood <br />hazard area and subject to the requirements of this ordinance and, as applicable, the <br />requirements of the Florida Building Code. <br />2. Are above the closest applicable base flood elevation the area shall be regulated as a <br />special flood hazard area unless the applicant obtains a Letter of Map Change that <br />removes the area from the special flood hazard area. <br />(5) Other laws The provisions of these floodplain regulations shall not be deemed to <br />nullify_ any provisions of local, state or federal law. <br />(6) Abrogation and greater restrictions. These floodplain regulations supersede any <br />ordinance in effect for management of development in flood hazard areas. These regulations are <br />not however, intended to repeal or abrogate any existing ordinances, including but not limited to <br />land development regulations zoning ordinances stormwater management regulations, or the <br />Florida Building Code In the event of a conflict between these floodplain regulations and any <br />other regulations the more restrictive shall govern. These floodplain regulations shall not impair <br />any deed restriction covenant or easement but any land that is subject to such interests shall also <br />be governed by these regulations. <br />Underline: Additions to Ordinance <br />Strike-tlareegk: Deleted Text from Existing Ordinance <br />13 <br />C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf <br />