Subchapter 7.5 - Flood Damage Prevention linklink

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12-750.1: Authority, Purpose Of Flood Damage Prevention Chapter, Objectives, Methods Of Reducing Flood Losses
12-750.2: Definitions
12-751.1: Warning And Disclaimer Of Liability
12-751.2: General Provisions
12-752: Development Permit Required, Application
12-753: Designation Of Administrator, Duties And Responsibilities
12-754.1: Flood Hazard Reduction General Standards
12-754.2: Conditional Uses (Reserved)
12-754.3: Flood Hazard Reduction Specific Standards
12-755.1: Regulations For Floodways
12-755.2: Encroachment, A, AE Zones
12-755.3: Standards For Shallow Flooding Areas (AO And AH Zones)
12-755.4: Critical Facilities
12-756.1: Variances, General Provisions
12-756.2: Standards For Review Of Variances
12-756.3: Process For Consideration Of Variance
12-756.4: Approval, Conditions; Disapproval; Appeal Of Decision
12-756.5: Administrative Variance For Wet Floodproofing

12-750.1: AUTHORITY, PURPOSE OF FLOOD DAMAGE PREVENTION CHAPTER, OBJECTIVES, METHODS OF REDUCING FLOOD LOSSES:linklink


A. Chapter 65, title 67, Idaho Code (local land use planning act) and chapter 10, title 46 (state disaster preparedness act), provide authority to local governments to adopt floodplain maps and flood studies which identify flood hazards and to establish regulations for floodplain management and standards to protect life and property in areas subject to natural hazards and disasters. (Ord. 511, 11-4-2009)


B. The purpose of the flood damage prevention ordinance is to guide development in the floodway and flood fringe areas of any watercourse that floods; and to minimize adverse effects to adjacent property; and to maximize the safety of the public.


C. It is the purpose of this subchapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1. To protect human life and health;

2. To minimize expenditure of public money and costly flood control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and

8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.


D. In order to accomplish its purposes, this subchapter includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

4. Controlling filling, grading, dredging and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 501, 11-18-2008; amd. Ord. 511, 11-4-2009)

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12-750.2: DEFINITIONS:linklink

For the purposes of the administration of this subchapter the following definitions shall apply:

APPEAL: A request for a review of the interpretation of any provision of this subchapter.

AREA OF SHALLOW FLOODING: An area designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood". Designation on maps always includes the letters A or V.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

CRITICAL FACILITY: A structure or location vital to flood response efforts or a structure or location which if flooded could create secondary disasters due to hazardous materials, the need for evacuation of concentrated populations or the need to rescue critical records or public goods. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste, communication centers, daycare centers, orphanages or penal institutions.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

ELEVATED BUILDING: A building, for insurance purposes, which is a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

FEMA: Federal emergency management agency.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

FLOOD PROTECTION ELEVATION: An elevation that shall correspond to the elevation of the one percent (1%) chance flood (100-year flood) plus any increased flood elevation due to floodway encroachment, plus any required freeboard. For the purposes of this subchapter, the flood protection elevation shall mean base flood elevation plus one foot (1').

FLOODPLAIN: The relatively flat area of lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the army corps of engineers, as follows:

Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

Flood: A general or temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters and/or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.

Floodway: The channel or watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.

Floodway Fringe: That part of the floodplain which is beyond the floodway. Such area will include those portions of the floodplain which will be inundated by a flood of 100-year frequency.

FLOODPLAIN MANAGEMENT: The analysis and integration of the entire range of measures that can be used to prevent, reduce or mitigate flood damage in a given location, and that can protect and preserve the natural, environmental, historical, and cultural values of the floodplain.

FLOODPROOFING: The modifications of structures, their sites, building contents and water and sanitary facilities, to keep water out or reduce the effects of water entry.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

FREEBOARD: A factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard shall compensate for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or stream bed.

LOCAL GOVERNMENT: Any county or city having planning and zoning authority to regulate land use within its jurisdiction.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of section 12-754.3 of this chapter.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" shall also include park model trailers, but does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO EXISTING: The preparation of additional sites by the construction of facilities for serving the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

MANUFACTURED HOME PARK OR SUBDIVISION, NEW: A manufactured home park or subdivision for which the construction of the facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

NEW CONSTRUCTION: A structure for which the "start of construction" commenced on or after the effective date hereof.

RECREATIONAL VEHICLE: A vehicle which is:

A. Built on a single chassis;


B. Three hundred twenty (320) square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal uses.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building location permit or building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally aboveground.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. The basis for determining the cost of improvements shall be determined by a professional construction estimator, registered general contractor, engineer or architect and shall include, but is not limited to, costs for all structural elements, interior finishing elements, utility and service equipment, costs of altering building components to accommodate improvements or additions and labor.

VARIANCE: A grant of relief from the requirements of this subchapter which permits construction in a manner what would otherwise be prohibited by this subchapter.

WATER DEPENDENT: A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

WET FLOODPROOFING: Permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by allowing floodwaters to enter the structure. (Ord. 511, 11-4-2009)

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12-751.1: WARNING AND DISCLAIMER OF LIABILITY:linklink

The degree of flood protection required by this subchapter 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 subchapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of Bonner County, any officer or employee thereof, or the federal insurance administration (FIA), for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder. (Ord. 501, 11-18-2008)
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12-751.2: GENERAL PROVISIONS:linklink


A. Applicability: This subchapter shall apply to all areas of special flood hazard within the unincorporated areas of Bonner County. (Ord. 501, 11-18-2008)


B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administration (FIA) in a scientific and engineering report entitled, "The Flood Insurance Study For Bonner County, Idaho And Incorporated Areas", dated July 7, 2014, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRMs are on file at the office of the Bonner County planning department, Sandpoint, Idaho. (Ord. 537, 6-12-2014, eff. 7-7-2014)


C. Penalties For Noncompliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this subchapter and other applicable regulations. Violation of the provisions of this subchapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this subchapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) or imprisoned for not more than six (6) months, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the county of Bonner from taking such other lawful action as is necessary to prevent or remedy any violation.


D. Abrogation And Greater Restrictions: This subchapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this subchapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.


E. Interpretation: In the interpretation and application of this subchapter, 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. 501, 11-18-2008)

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12-752: DEVELOPMENT PERMIT REQUIRED, APPLICATION:linklink


A. A development permit shall be obtained before construction or development begins within any area of mapped special flood hazard established in subsection 12-751.2B of this subchapter. The permit shall be for all structures, including manufactured homes, as defined by this subchapter, and for all development, including fill and other activities as set forth in this subchapter.


B. Application for a development permit shall be made on forms furnished by the planning department and may include, but are not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (Ord. 501, 11-18-2008)

1. Elevation in relation to North American vertical datum 1988 (NAVD 88), of the lowest floor (including basement) of all structures recorded on a current elevation certificate;

2. Elevation in relation to North American vertical datum 1988 (NAVD 88), to which any structure has been floodproofed; (Ord. 511, 11-4-2009)

3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 12-754.3B of this chapter; and

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 501, 11-18-2008)

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12-753: DESIGNATION OF ADMINISTRATOR, DUTIES AND RESPONSIBILITIES:linklink

The planning director or his or her designee is hereby appointed to administer and implement this subchapter by granting or denying development permit applications in accordance with its provisions. The duties of the planning director include, but are not limited to, the following. The planning director shall:


A. Development Permit Review:

1. Review all development permits to determine that the permit requirements of this chapter have been satisfied.

2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (Ord. 501, 11-18-2008)

3. Review all development permits to determine if the proposed development will increase base flood elevation more than one foot (1'). If base flood elevations increase more than one foot (1'), require a FEMA conditional letter of map revision (CLOMR) before construction begins and a letter of map revision (LOMR) for as built conditions.

4. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of section 12-755.1 of this chapter are met.

a. If a floodway encroachment is permitted that increases base flood elevations, require a conditional letter of map revision (CLOMR) before construction begins and a letter of map revision (LOMR) for as built conditions. (Ord. 511, 11-4-2009)


B. Determining Elevations:

1. Obtain from the applicant and keep a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement, where base flood elevation data is provided through the flood insurance study or required as in subsection B2 of this section.

2. Review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer sections 12-754.3 and 12-755.1 of this chapter, when base flood elevation has not been provided in accordance with subsection 12-751.2B of this chapter.


C. Recordkeeping:

1. Maintain for public inspection all records pertaining to the provisions of this subchapter.

2. Verify and keep a record of the actual elevation (in relation to mean sea level) for all new or substantially improved floodproofed structures.

3. Maintain the floodproofing certificates required in subsection 12-752B3 of this chapter for all new or substantially improved floodproofed structures.

4. Maintain all records of appeal actions and report any variances to the federal insurance administration upon request.


D. Alteration Of Watercourses:

1. Notify adjacent communities and the Idaho department of water resources, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.

2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.


E. Interpretation Of FIRM Boundaries: The planning director shall make interpretations where needed as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 501, 11-18-2008)

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12-754.1: FLOOD HAZARD REDUCTION GENERAL STANDARDS:linklink

In all areas of special flood hazard, the following standards apply:


A. Anchoring:

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors. (Reference FEMA's manufactured home installation in flood hazard areas guidebook for additional techniques.)


B. Construction Materials And Methods:

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.


C. Utilities:

1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

3. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

4. Sewer and water systems shall be floodproofed and approved by the Panhandle health district and/or the Idaho department of environmental quality.


D. Subdivision Proposals:

1. All subdivision proposals shall be consistent with the need to minimize flood damage.

2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).


E. Review Of Building Permits Or Building Location Permits:

1. Where elevation data is not available either through the flood insurance study or from another authoritative source, subsection 12-753B2 of this subchapter, applications for building permits or building location permits shall be reviewed to assure that the proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes the use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates. Where base flood elevation information, historical data or photographs of past flooding do not exist, the structure shall be elevated a minimum of two feet (2') above the existing or natural grade.

2. Plans detailing compliance with the standards of this subchapter shall be submitted prior to the start of any construction with the special flood hazard area. No basement shall be constructed below the elevation of the main floor. Below grade crawl spaces constructed in accordance with the requirements listed in this subchapter shall not be considered basements. All footings and foundations shall be designed to withstand maximum flood conditions. No structure shall increase the flood related damages on other property. (Ord. 501, 11-18-2008)

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12-754.2: CONDITIONAL USES:linklink

(Reserved) (Ord. 501, 11-18-2008)
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12-754.3: FLOOD HAZARD REDUCTION SPECIFIC STANDARDS:linklink

In all areas of special flood hazard where base flood elevation data has been provided as set forth in subsection 12-751.2B or subsection 12-753B2 of this chapter, the following provisions shall apply:


A. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum of one foot (1') above the base flood elevation, except as provided in this section. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an Idaho licensed professional engineer or Idaho licensed architect, and must meet or exceed the following minimum criteria:

1. A minimum of two (2) openings located on different walls of the structure, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2. The bottom of all openings shall be no higher than one foot (1') above grade.

3. Openings may be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

4. In unnumbered A zones where a base flood elevation has not established, plans shall be provided demonstrating the structure shall be elevated at minimum two feet (2') above the existing or natural grade.


B. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at a minimum of one foot (1') above the base flood elevation, except as provided in this section, or, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed so that below one foot (1') above base flood level the structure is watertight with walls substantially impermeable to the passage of water.

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

3. Be certified by an Idaho licensed engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, plans and specifications. Such certifications shall be provided to the planning director as set forth in subsection 12-753C of this subchapter.

4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection A of this section.

5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level).


C. Below Grade Crawl Space Construction For Residential And Nonresidential Buildings: In addition to the standards provided herein, below grade crawl space construction shall be designed and certified by an Idaho licensed engineer or Idaho licensed architect to meet the following:

1. The interior grade of the crawl space below the base flood elevation shall not be greater than two feet (2') below the lowest adjacent exterior grade.

2. The height of the below grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall, shall not exceed four feet (4') at any point.

3. An adequate drainage system shall be designed and installed to remove floodwaters from the interior area of the crawl space within seventy two (72) hours after a flood event. The system may include perforated pipes, drainage tiles, gravel or crushed stone drainage by gravity or mechanical means, and shall meet the minimum construction practices outlined by the national flood insurance program guidelines.

4. Below grade crawl spaces are prohibited at sites where the velocity of floodwaters exceeds five feet (5') per second, as established by the flood insurance study.

5. All building utility systems within the crawl space shall be elevated above base flood elevation or be designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork shall be placed above the base flood elevation or shall be sealed from floodwaters.

6. All structural and nonstructural building materials at or below the base flood elevation shall be flood resistant. A "flood resistant material" is defined as any building material capable of withstanding direct and prolonged contact of at least seventy two (72) hours with floodwaters without sustaining significant damage, meaning any damage requiring more than low cost cosmetic repair such as painting.

7. Below grade crawl spaces constructed in accordance with the requirements listed in this subsection shall not be considered basements. However, applicants who construct buildings that have below grade crawl spaces are hereby advised that such buildings will have higher flood insurance premiums than buildings that have crawl spaces with interior elevations at or above the lowest adjacent grade.


D. Manufactured Homes:

1. All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE on the community FIRM on sites that are:

a. Outside of a manufactured home park of subdivision;

b. In a new manufactured home park or subdivision;

c. In an expansion to an existing manufactured home park or subdivision; or

d. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood:

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot (1') above the base flood elevation and shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 12-754.1A2 of this subchapter.

2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community FIRM that are not subject to the above manufactured home provisions shall be elevated so that either:

a. The lowest floor of the manufactured home is elevated one foot (1') above the base flood elevation; or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade and shall be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.


E. Recreational Vehicles: Recreational vehicles placed on sites within zones A1-30, AH and AE on the community FIRM either must:

1. Be on site fewer than one hundred twenty (120) days in any consecutive twelve (12) month period and be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

2. Meet the standards for recreational vehicles pursuant to section 12-332 of this title, and meet the requirements for manufactured home standards at subsection D of this section, and the elevation and anchoring requirements for manufactured homes. (Ord. 501, 11-18-2008)

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12-755.1: REGULATIONS FOR FLOODWAYS:linklink

Located within areas of special flood hazard established in this subchapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (Ord. 501, 11-18-2008)


A. All encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. Exceptions for construction, fill or other substantial improvement or development may be granted provided the development or structure is water dependent or is necessary for public or quasi-public entities or public or private utilities or is necessary to comply with lawful requirements. These improvements shall provide certification by an Idaho licensed engineer demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and shall be subject to the review and approval of Bonner County. (Ord. 511, 11-4-2009)


B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable general and specific flood hazard reduction provisions of this subchapter. (Ord. 501, 11-18-2008)

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12-755.2: ENCROACHMENT, A, AE ZONES:linklink

The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot (1') at any point. (Ord. 501, 11-18-2008)
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12-755.3: STANDARDS FOR SHALLOW FLOODING AREAS (AO AND AH ZONES):linklink

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one foot (1') to three feet (3') aboveground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:


A. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot (1') or more above the depth number specified on the FIRM (at least 2 feet if no depth number is specified).


B. New construction and substantial improvements of nonresidential structures within AO zones shall either:

1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot (1') or more above the depth number specified on the FIRM (at least 2 feet if no depth number is specified); or

2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by an Idaho licensed engineer or architect as provided in subsection 12-754.3B3 of this chapter. (Ord. 501, 11-18-2008)


C. Adequate drainage paths are required around structures to guide floodwaters around and away from proposed structures. (Ord. 511, 11-4-2009)

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12-755.4: CRITICAL FACILITIES:linklink

Construction of new critical facilities shall be located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the special flood hazard area, if no feasible alternative is available, only if authorized by an approved variance. Critical facilities constructed within the special flood hazard area shall have the lowest floor elevated three feet (3') or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Ingress and egress routes elevated to or above the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 501, 11-18-2008)
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12-756.1: VARIANCES, GENERAL PROVISIONS:linklink

A floodplain variance is a modification of the requirements of this subchapter relating to floodplain regulation. Variances shall pertain to a specific piece of property and shall not be personal in nature and shall not pertain to the structure, its inhabitants, economical or financial circumstances. (Ord. 501, 11-18-2008)
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12-756.2: STANDARDS FOR REVIEW OF VARIANCES:linklink

Staff and/or the governing body shall review the particular facts, all technical evaluations, standards specified in other sections of this subchapter and of this title, and shall consider the following:


A. The danger that materials may be swept onto other lands to the injury of others;


B. The danger to life and property due to flooding or erosion damage;


C. The susceptibility of the proposed facility and its contents to cause flood damage and the effect of such damage on the individual owner;


D. The importance of the services provided by the proposed facility to the community;


E. The necessity to the facility of a waterfront location, where applicable;


F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;


G. The compatibility of the proposed use with existing and anticipated development;


H. The relationship of the proposed use to the comprehensive plan and floodplain management program of Bonner County;


I. The safety of access to the property in times of flood for ordinary and emergency vehicles;


J. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and


K. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (Ord. 501, 11-18-2008)

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12-756.3: PROCESS FOR CONSIDERATION OF VARIANCE:linklink

With the exception of wet floodproofing variances provided at section 12-756.5 of this subchapter, variances to the standards of this subchapter shall be considered by the governing body authorized by subchapter 2.3 of this title to consider variances. Notice of public hearing shall be provided consistent with subchapter 2.3 of this title. (Ord. 501, 11-18-2008)
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12-756.4: APPROVAL, CONDITIONS; DISAPPROVAL; APPEAL OF DECISION:linklink


A. A variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, as identified in section 12-756.2 of this subchapter, or conflict with existing local laws or ordinances;

4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.


B. The governing body may attach such conditions to the granting of the variances as it deems necessary to further the purposes of this subchapter.


C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The applicant shall also be notified that such construction below base flood elevation increases risks to life and property.


D. Variances may be issued administratively by the planning director for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.


E. Variances shall not be issued for residential development within a designated floodway or if any increase in flood levels during the base flood discharge would result.


F. The final decision of the governing body may be appealed to the board of county commissioners as set forth at section 12-262 of this title. (Ord. 501, 11-18-2008)

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12-756.5: ADMINISTRATIVE VARIANCE FOR WET FLOODPROOFING:linklink

Upon application to the planning department, an administrative variance to the provisions of this subchapter may be issued by the planning director or his/her designee to allow for wet floodproofing of certain new or substantially improved nonresidential, agricultural and residential accessory structures meeting at least one of the following provisions:


A. Water Dependent: Structures such as boat houses, docking facilities or freshwater food processing facilities that are functionally dependent on water or close proximity to water. The variance may be issued upon a showing that the structure or development is protected by methods that minimize flood damage and that it will not create an additional threat to public safety.


B. Historic Buildings: Any structure that is listed on the National Register of Historic Places, certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district, listed on a state or local inventory of historic places in communities with historic preservation programs. A variance may be granted upon a showing the repair or rehabilitation will not preclude the continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.


C. Low cost, Small Accessory Structures: Structures not exceeding four hundred (400) square feet that represent a minimal investment and have low damage potential with respect to the structure and contents. Accessory structures may include detached garages, garden or wood sheds, well houses, and small buildings used solely for agricultural purposes in connection with harvesting, storage, drying, production or raising of livestock. The accessory structure shall:

1. Be anchored to resist flotation, collapse and lateral movement;

2. Be constructed of flood resistant materials for all portions of the structure located below base flood elevation;

3. Be designed to allow for the automatic entry of floodwaters;

4. Have mechanical and utility equipment elevated or floodproofed one foot (1') above the base flood elevation or two feet (2') above the highest adjacent grade where base flood elevation has not been established;

5. Comply with the floodway encroachment provisions of the national flood insurance program regulations; and

6. Must be limited to parking and/or limited storage. (Ord. 501, 11-18-2008)

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