Modesto Municipal Code Art. 3 General Provisions

This chapter shall apply to all special flood hazard areas within the City limits of the City of Modesto.

(Ord. 3430-C.S., § 1, effective 1-4-07)

The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for City of Modesto, California, Stanislaus County" dated August 15, 1980, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated August 15, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of these floodplain management regulations. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at 1010 10th Street, Suite 4100, Modesto, California 95353.

(Ord. 3430-C.S., § 1, effective 1-4-07)

(Ord. No. 3730-C.S., § 2, effective 8-12-21)

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. Nothing herein shall prevent the City of Modesto from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 3430-C.S., § 1, effective 1-4-07)

In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under State or local law.

(Ord. 3430-C.S., § 1, effective 1-4-07)

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 man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. Neither the requirements of this chapter nor the application thereof shall create liability on the part of the City of Modesto, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 3430-C.S., § 1, effective 1-4-07)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 3430-C.S., § 1, effective 1-4-07)

These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.

(Ord. No. 3730-C.S., § 3, effective 8-12-21)