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(a) Lands to Which This Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai.

(b) Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows:

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study” applicable to the City of Kenai in its most recent adopted version (October 20, 2016, titled “Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas”) and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this chapter will be the basis for regulation until a new FIRM is issued.

(c) 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 shall not create liability on the part of the City of Kenai, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(d) Noncompliance—Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC Chapter 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation.

(e) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this chapter is more stringent, it must be complied with.

(f) Interpretation. In the interpretation and application of this chapter, all provisions are considered minimum requirements, liberally construed in favor of the City, and do not limit or repeal any other powers granted under State statutes.

(Ord. 3298-2022 (Substitute))