Chapter 1
FLOOD CONTROL REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429
10-1-1: FINDINGS OF FACT AND PURPOSE:
10-1-2: METHODS OF ACCOMPLISHING PURPOSE:
10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS:
10-1-4: COMPLIANCE WITH PROVISIONS:
10-1-5: RULES AND DEFINITIONS:
10-1-6: FLOOD INSURANCE STUDY:
10-1-7: DEVELOPMENT PERMIT REQUIREMENTS:
10-1-8: FLOOD DAMAGE REDUCTION PROVISIONS:
10-1-8-1: APPLICABILITY:
10-1-8-2: GENERAL BUILDING REQUIREMENTS:
10-1-8-3: ANCHORING:
10-1-8-4: WATER AND SEWER SYSTEMS:
10-1-8-5: SUBDIVISIONS:
10-1-8-6: SPECIFIC STANDARDS:
10-1-8-7: RECREATIONAL VEHICLE STANDARDS:
10-1-9: DUTIES OF THE FLOODPLAIN ADMINISTRATOR:
10-1-10: VARIANCES:
10-1-11: SCHEDULE OF FEES, CHARGES AND EXPENSES:
10-1-12: DISCLAIMER OF LIABILITY:
10-1-13: VIOLATIONS AND PENALTIES:

10-1-1: FINDINGS OF FACT AND PURPOSE:linklink


A. Findings Of Fact:

1. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2. These flood losses are caused by natural forces and by the cumulative effect of structures located in areas of special flood hazards which increase flood heights and velocities, and when such structures are inadequately anchored, can damage property in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 115, 5-12-1987)

3. Flooding is aggravated by the collection of debris upstream of the many channel obstructions located in the floodplain areas. Such obstructions include bridges, fences, houses, trees, etc. The accumulation of debris has resulted in significantly higher water surface elevations upstream from the obstructions than would otherwise be expected. Obstructions can and tend to cause flooding to extend beyond anticipated FEMA 100-year flood boundaries at points of debris accumulation which cannot be predicted.

4. All structures located roughly within the limits of the 500-year floodplain are subject to inundation, if not directly impacted by the channel itself, during floods of return frequencies of ten (10) to twenty (20) years. This is due to the tendency of the channel to change abruptly, often cutting a totally new channel in a few hours, during high water periods, because the Boise River is wide, flat and has relatively shallow channel in many areas.

5. The levees built by private property owners may be considered by FEMA to be inadequately designed or deteriorated such that they cannot be classified as permanent structures capable of withstanding a 100-year flood; and, therefore, may result in higher risk and be included in the area of special flood hazard.

6. Encroachments (i.e., houses, fill, etc.) on floodplains reduce the flood carrying capacity and increase flood heights, thus increasing flood hazards beyond the encroachment. With every new structure or other development since the FEMA 100-year flood boundary was determined, the ability of the floodplain to function changes.

7. The Boise River and its tributaries and floodplains in Eagle are essential to the well being of its citizens as a source of recreation, fish and wildlife habitat, aesthetic beauty, and a source of irrigation water as well as other economic and lifestyle values.

8. Development adjacent to waterways has had a direct effect on the natural stream by destroying or greatly altering fish and wildlife habitat and by unnaturally armoring the banks of the waterways to prevent erosion and damage riparian areas thus resulting in increased risk to manmade structures.


B. Purpose: It is the purpose of this title 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: (Ord. 485, 7-24-2007)

1. To protect human life and health;

2. To minimize expenditure of public money for 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; (Ord. 115, 5-12-1987)

7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards, studies and available options;

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

9. To provide a formal procedure for evaluation of floodplain development permit applications;

10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities;

11. To minimize the impact of development adjacent to waterways on adjacent properties upstream, downstream and across waterways;

12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site;

13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways;

14. To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation;

15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage;

16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and

17. To protect, preserve and enhance the waterways and floodplains as a recreation resource. (Ord. 485, 7-24-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992323
10-1-2: METHODS OF ACCOMPLISHING PURPOSE:linklink

In order to accomplish its purposes, this chapter includes methods and provisions for:


A. 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;


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


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


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


E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 82, 12-14-1982)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992324
10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS:linklink


A. Statutory Authority: The legislature of the state of Idaho in Idaho Code sections 46-1020 through 46-1024, authorized local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry.


B. Jurisdiction And Interpretation: This title shall apply to all areas of special flood hazards within the jurisdiction of the city. In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the city; and

3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code.


C. Conflicting Laws: This title is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992325
10-1-4: COMPLIANCE WITH PROVISIONS:linklink

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. (Ord. 82, 12-14-1982)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992326
10-1-5: RULES AND DEFINITIONS:linklink

Unless specifically defined below or in section 8-1-2 of this code, certain words or phrases used in this title shall be interpreted as set forth in said section 8-1-2 of this code. Any other terms or words not defined below or in section 8-1-2 of this code shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

APPEAL: A request to the city council for a review of the floodplain administrator's interpretation of any provision of this chapter.

AREA OF SHALLOW FLOOD HAZARD: A designated AO or AH zone in the flood insurance rate map (FIRM). The base flood depths range from one to three feet (1 - 3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Areas of special flood hazard shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOMR-F).

BASE FLOOD: A 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.

BASE FLOOD ELEVATION (BFE): The elevation of the crest of the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the FIRM to the nearest one foot (1') and in the flood insurance study (FIS) to the nearest one-tenth foot (0.1').

BASEMENT: The portion of a structure including crawl space with its floor subgrade (below ground level) on all sides.

CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom of the foundation excavation enclosed by continuous foundation walls.

CRITICAL FACILITY: Facilities that are critical to the health and welfare of the community and that are especially important during and after a hazardous event or have the potential to increase risk to the community during a hazardous event, which include, but are not limited to, police stations, fire stations, hospitals, schools, public shelters, hazardous chemical facilities, propane storage yards, cemeteries.

DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term "development" does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations.

DIGITAL FIRM (DFIRM): Digital flood insurance rate map. It depicts flood risk and zones and flood risk information. The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.

ELEVATION CERTIFICATE: A form supplied by the federal emergency management agency (FEMA) and used to provide elevation information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a letter of map amendment or revision (LOMA or LOMR) to flood insurance rate maps.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility of administering the national flood insurance program (NFIP).

FINISHED FLOOR: The finished floor is the first habitable walking surface referenced in the elevation certificate (FEMA form 81-31 sections C2a and C2b) as the top of the next highest floor or the top of a slab on grade floor.

FLOOD FRINGE: The portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

FLOOD INSURANCE RATE MAP (FIRM): The official map as is now or as may hereinafter be adopted on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Said map is on file in the office of the city and is hereby referred to, adopted and made a part of this chapter as if set forth in full herein.

FLOOD INSURANCE STUDY (FIS): The official report as is now or as may hereafter be adopted in which the federal insurance administration has provided flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood. Said report is on file in the office of the city and is hereby referred to, adopted and made a part of this chapter as if set forth in full herein.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland waters; and/or

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

FLOODPLAIN: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe.

FLOODPLAIN ADMINISTRATOR: An administrator designated by the zoning administrator to administer and implement this chapter in accordance with its provisions.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY: The channel of a river or other watercourse and 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 feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams and the hydrologic effects of urbanization in a watershed.

HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the elevation certificate, FEMA form 81-31, for HAG related to building elevation information.

LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are issued in the following categories:

A. Letter Of Map Amendment (LOMA): A revision issued by the federal emergency management agency based on technical data showing that a property was incorrectly included in a designated special flood hazard area. An LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.

B. Letter Of Map Revision (LOMR): A revision based on technical data showing that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, an LOMR-F, is a determination that a structure or parcel has been elevated by fill above the base flood elevation and is excluded from the special flood hazard area.

C. Conditional Letter Of Map Revision (CLOMR): A formal review and comment by the federal emergency management agency (FEMA) as to whether a proposed project complies with the minimum national flood insurance program (NFIP) floodplain management criteria. A CLOMR does not amend or revise effective flood insurance rate maps, flood boundary and floodway maps, or flood insurance studies.

LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the elevation certificate, FEMA form 81-31, for LAG related to building elevation information.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement or crawl space). 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 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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. army corps of engineers.

MECHANICAL EQUIPMENT: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities.

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

NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas.

NONRESIDENTIAL STRUCTURE: A building other than a residential structure. The term includes, but it is limited to: buildings used for places of assembly, education, childcare, business, maintenance, storage, manufacturing, government, hospitals, sanatoriums, and nursing homes.

REASONABLY SAFE FROM FLOODING: Base floodwaters will not inundate the land or damage structures to be removed from the area of special flood hazard in areas previously included in base flood delineations on the current flood insurance rate map, which shall be certified as reasonably safe from flooding by an applicant's registered professional engineer according to the criteria in FEMA technical bulletin 10-01.

RECREATIONAL VEHICLE: A vehicle which is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projections;

C. Designed to be self-propelled or permanently towable by a vehicle; and

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

RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the 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 or site, such as the pouring of slab or footings, 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 excavation for a basement, footings, piers or foundation. 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 the alteration affects the external dimensions of a building.

STREAM ALTERATION: To obstruct, diminish, destroy, alter, modify, relocate, or change the natural existing shape of the channel or to change the direction of flow of water of any stream channel within or below the mean high water mark. It includes removal of material from the stream channel and emplacement of material or structures in the stream channel.

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 building 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 dimension 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.

UNNUMBERED "A ZONE": An area shown on the flood insurance rate map (FIRM) as an "A zone" in which base flood depths and a clearly defined channel are not shown.

VARIANCE: A grant of relief from the requirements of this title which permits construction of a manner that would otherwise be prohibited by this chapter. (Ord. 115, 5-12-1987; amd. Ord. 485, 7-24-2007; Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992327
10-1-6: FLOOD INSURANCE STUDY:linklink

The areas of special flood hazard identified by the United States department of housing and urban development, federal insurance administration, in a scientific and engineering report entitled "The Flood Insurance Study For Ada County, Idaho And Incorporated Areas", dated February 19, 2003, with the accompanying flood insurance rate maps dated February 19, 2003, and all subsequent revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. A copy of the flood insurance study shall be maintained on file at the Eagle City Hall. The flood insurance maps establish the areas of special flood hazard, and for the purposes of this title, shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOMR-F). (Ord. 485, 7-24-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992328
10-1-7: DEVELOPMENT PERMIT REQUIREMENTS:linklink


A. Permit Required: A floodplain development permit shall be obtained and approved before a building permit is issued for construction or development within any area of special flood hazard established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall be required for any development that could possibly increase or alter the flood hazard.


B. Application For Permit: Application for a development permit shall be made on forms furnished by the zoning administrator and shall include the following:

1. Completion of the city of Eagle floodplain development checklist by a registered professional engineer.

2. Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question.

3. Existing and proposed structures, fill, storage of materials, drainage facilities and their location.

4. Elevation in relation to mean sea level of the lowest floor (including basement or crawl space) of all structures.

5. Elevation in relation to mean sea level to which any structure has been floodproofed.

6. Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 10-1-8-6B of this chapter.

7. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

8. Any additional information required by the floodplain administrator.


C. Review: Upon receipt of a complete development permit application, the floodplain administrator shall review the application and grant or deny the requested development permit, in accordance with the provisions of subsection 10-1-9A1 of this chapter.


D. Notice To Applicant, Issuance Of Permit: After rendering a decision, the floodplain administrator shall return one copy of the application and decision, together with those items required by subsection B of this section, to the applicant, after having marked such copy either as approved or disapproved and attested to the same by signing such copy. One copy of the complete application and decision, similarly marked, shall be retained by the floodplain administrator. The floodplain administrator shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.


E. Construction Stage:

1. For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as built certification of the floor elevation or floodproofing level, using appropriate FEMA elevation or floodproofing certificate, immediately after the lowest floor or floodproofing is completed. When floodproofing is utilized for nonresidential structures, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

2. Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop work order for the project.


F. Appeals: Any person aggrieved by a decision of the floodplain administrator in the grant or denial of a floodplain development permit may appeal such decision to the city council, by filing a notice of appeal stating the nature of the appeal with the city council, within twenty (20) days of the return of the floodplain administrator's decision to the applicant. The city council, within fifteen (15) business days of the receipt of a notice of appeal, shall schedule and hold a public hearing in accordance with the hearing provisions of section 67-6509, Idaho Code, to further consider the application. Following the public hearing, the city council shall, within fifteen (15) business days of the hearing affirm, affirm with modification or reverse the decision of the floodplain administrator. The decision of the city council shall be in writing and accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based upon the criteria, standards, and facts as set forth. In accordance with the provisions of section 67-5215, Idaho Code, a person aggrieved by a decision of the city council in its grant or denial of a floodplain development permit may appeal the city council's decision to the district court.


G. Expiration And Revocation Of Floodplain Development Permit: If the work described in the development permit has not begun within one year from the date of issuance thereof, said permit shall expire and shall be revoked by the floodplain administrator and written notice thereof shall be given to the persons affected. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992329
10-1-8: FLOOD DAMAGE REDUCTION PROVISIONS:linklink

In all areas of special flood hazards, the standards, as set forth in this section, shall be required. (Ord. 332, 2-23-1999)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992330
10-1-8-1: APPLICABILITY:linklink


A. The requirements of sections 10-1-8-2 and 10-1-8-5 of this chapter, that electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall be designed and elevated one foot (1') above base flood elevation, that the FIRM panel number and effective date shall be provided as a plat note on all plats delineating the 100-year floodplain boundary, shall apply to any development application received subsequent to the effective date.


B. The requirements of subsection 10-1-8-6D5 of this chapter, regarding the floodway setback in effect at the time of receipt by the city of a preliminary plat application shall apply for subsequent development of those lots.


C. All other provisions of this section 10-1-8 shall apply to any development application received subsequent to the effective date. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992331
10-1-8-2: GENERAL BUILDING REQUIREMENTS:linklink


A. Review Of Building Permits: Where elevation data is not available, either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, and any other relevant factors, where applicable. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates.


B. Construction Materials And Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)


C. Design, Location Of Certain Equipment: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall be elevated one foot (1') above base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. On site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.


D. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate (FEMA form 81-31), prepared by and certified by a registered professional engineer, architect, or licensed surveyor referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of special flood hazard by letter of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one foot (1') above base flood elevation. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992332
10-1-8-3: ANCHORING:linklink


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


B. 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). (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992333
10-1-8-4: WATER AND SEWER SYSTEMS:linklink


A. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems; and discharge from the systems into floodwaters.


B. On site waste disposal systems shall be located to avoid impairment of them or contamination from them during flooding; and (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)


C. All sewer and water systems shall be approved by the district health department or the Idaho department of environmental quality. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992334
10-1-8-5: SUBDIVISIONS1:linklink


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


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


C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and


D. Base flood elevation data shall be provided for subdivision proposals and other proposed development located within any area of special flood hazard. (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)


E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map (in effect at the time of approval of the plat) for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. (Ord. 700A, 3-11-2014)


F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25') setback from all waterways, called the riparian zone, in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992335
10-1-8-6: SPECIFIC STANDARDS:linklink

In all cases of special flood hazards where base flood elevation data has been provided as set forth in section 10-1-6 of this chapter, the provisions of this section shall be required:


A. Residential Construction:

1. Connection to a central sewage treatment system shall be required. This requirement may be waived by the city council if the Central district health department recommends approval of an alternate method of sewage treatment and disposal. Residential development within the floodplain may be clustered (through approval of a PUD) to facilitate the economics of the sewage infrastructure. (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)

2. New construction and substantial improvement of any residential structure shall have a finish floor elevation of two feet (2') above the base flood elevation and the lowest floor, including basement and crawl space, shall be elevated to a minimum of one foot (1') above the base flood elevation. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)

3. 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 either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a. A minimum of two (2) openings 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.

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

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


B. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the finish floor elevation of the lowest floor, including basement, elevated to two feet (2') above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed to a point two feet (2') above the base flood elevation so that 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; and

3. Be certified by a registered professional 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, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 10-1-9A of this chapter.

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). (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)


C. Manufactured Homes: All manufactured homes to be placed or substantially improved within zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the finish floor elevation of the lowest floor of the manufactured home is two feet (2') above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 10-1-8-3B of this chapter. (Ord. 700A, 3-11-2014)


D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential, the following provisions apply: (Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014)

1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood.

2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity (for example, bridges; water pumps), recreational use (for example, paths), wildlife habitat improvements (for example, vegetation; nesting structures; pool/riffle improvements), and gravel extraction; provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program.

3. Subsection D1 of this section shall comply with all applicable flood hazard reduction provisions of this section 10-1-8.

4. The placement of any mobile homes, as defined in section 8-1-2 of this code, is prohibited.

5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except that when the area of special flood hazard boundary is one hundred feet (100') or less from the floodway line, the boundary line shall be the setback line.

6. No development is permitted within the twenty five foot (25') setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)

7. For all subdivisions along the Boise River or Dry Creek, prior to approval of the final plat written approval from flood control district 10 is required to protect access to the river for maintenance. (Ord. 700A, 3-11-2014)

8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the 1-year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of subsection 9-3-2-5C of this code for private streets.

9. In the design of public and private parks and open space areas, fixed structures or equipment that would impede floodwaters shall not be permitted within the floodway.

10. Any nonfloodway area surrounded by the floodway shall be subject to the conditions of subsections D1 through D8 of this section, unless such area is accessed by at least one road with suitable structures or culverts to pass floodwaters. If a bridge is required, it shall be elevated one foot (1') above the base flood elevation, have scour resistant footings extending to five feet (5') below the bottom of the channel and be capable of supporting an H-15 load as defined by the American Association Of State Highway And Transportation Officials (AASHTO).


E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat, the following provisions apply:

1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain;

2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot (25') setback or riparian zone;

3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The Eagle city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council;

4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done;

5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, Bebb's willow, Drummond's willow, little wild rose, gooseberry, and honeysuckle.


F. Map And Narrative Required: All subdivision proposals and development permit applications shall provide a map and detailed narrative describing any abutting or on site manmade topographic features, current or proposed, that increase flood damage potential above the natural level, including road fills and other manmade embankments, prior stream channelization, existing and/or proposed landscaping features, and evident agricultural land leveling that has altered the floodplain from its original topography.


G. Fill Requirements: For fill placed in the floodplain:

1. Development within the area of special flood hazard shall result in no net loss in natural storage. Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the existing surface topography and the base flood elevation surface, shall not be reduced from the current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment flood elevation for the base flood event. Depressions which will be filled with groundwater and sections of the floodplain which are restricted from floodwater conveyance due to roads built above the base flood elevation shall not be considered when determining storage volumes. Development within the DDA, TDA or CEDA design review overlay areas shall not be subject to the provisions of this subsection.

2. The slope of fill adjacent to the floodway line, hereinafter called the floodway boundary slope, shall not be steeper than five horizontal to one vertical (5:1). Where a five to one (5:1) slope is not feasible due to lot dimensions, compensating measures to protect against floodway encroachment through erosion shall be constructed as designed and certified by a professional engineer, architect, or landscape architect.

3. The floodway boundary slope shall be maintained in groomed perennial turf or equivalent low ground cover vegetation not taller than twelve inches (12") to provide protection from erosion. Porous stonework or other durable surfacing may be used in lieu of ground cover vegetation for design enhancement on floodway boundary slopes. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)

4. Elevation certificates or equivalent documentation required by the floodplain administrator shall be required for all buildings or development in such filled zones, regardless of any subsequent LOMA, letter of map amendment or LOMR, letter of map revision issued by the FEMA, federal emergency management agency.

a. Exceptions:

(1) Approved LOMR-F, letter of map revision based on fill, reflecting a minimum of one and one-half feet (1.5') of fill above base flood elevation. (Ord. 700A, 3-11-2014)


H. Roadways And Manholes: Roadways and manholes within the floodplain shall be a minimum of one-half foot (0.5') above base flood elevation at centerline and manhole ring respectively.


I. Flow Paths And Natural Storage Areas Maintained: New roads built above the base flood elevation shall not restrict conveyance of floodwater into sections of the floodplain that may be cut off by the proposed road. Culverts or bridges shall be provided under roads to maintain existing natural storage areas in the watershed to reduce flood damage.


J. Open Areas: Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking lots, etc., within the area of special flood hazard shall be designed and operated so that they may flood and maintain existing natural storage capacity for waters during the base flood event. Levees or berms shall not be used for flood control.


K. Approval Of Plans: Plans for development within the floodplain showing construction and postconstruction best management practices (BMPs) conforming to the catalog of stormwater best management practices for Idaho cities and counties shall be submitted for approval before any grading or other construction activities commence. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)


L. Flood Study: When a new flood study is provided by the developer:

1. The study shall be performed using the U.S. army corps of engineers hydrologic engineering center's HEC-2, HEC-RAS (river analysis system), or equivalent programs to calculate water surface elevations. (Ord. 700A, 3-11-2014)

2. The study report shall include field survey data and relevant bench marks used as bases of calculations as cross sections, stream profile and plan showing cross section locations.

3. The study report shall attach HEC-2, HEC-RAS, or equivalent input and output reports as appendices.

4. Any floodway or floodplain modification shall not be effective until approved by FEMA.

5. The study shall include a reach of stream extending beyond the property boundaries of the development upstream and downstream not less than twice the average width of floodway on or adjacent to the development property, or as approved by the zoning administrator. (Ord. 485, 7-24-2007; amd. Ord. 700A, 3-11-2014)


M. Critical Facilities: Critical facilities shall not be allowed within any SFHA, special flood hazard area, including areas designated zone X. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992336
10-1-8-7: RECREATIONAL VEHICLE STANDARDS:linklink

In all areas of special flood hazard (ASFH), recreational vehicles must either:


A. Be on the site for fewer than one hundred eighty (180) consecutive days;


B. 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 structures or addition; or


C. The recreational vehicle must meet all the requirements for "new construction", including the anchoring and elevation requirements. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992337
10-1-9: DUTIES OF THE FLOODPLAIN ADMINISTRATOR:linklink


A. The duties of the floodplain administrator shall include, but not be limited to:

1. Permit Review:

a. Review of floodplain development permit applications to determine if the proposed development is consistent with all community floodplain management requirements. (Ord. 700A, 3-11-2014)

b. Review all floodplain development permit applications to determine the capacity of the area of special flood hazard. For the purposes of this section, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot (1') at any point. (Ord. 485, 7-24-2007)

c. Contact for review and comment, when found necessary, other agencies such as Idaho fish and game department, Idaho department of water resources, U.S. natural resources conservation service, U.S. environmental protection agency and U.S. army corps of engineers. (Ord. 700A, 3-11-2014)

2. Conditions Of Approval: Conditions of approval may include, but not be limited to:

a. Riparian vegetation and other landscaping is maintained in perpetuity as shown on approved plans.

b. As built certification shall be required to be submitted prior to occupancy of structure or upon completion of the proposed work. (Ord. 485, 7-24-2007)

c. Other permits (i.e., Idaho department of water resources and U.S. army corps of engineers) shall be obtained by the applicant prior to commencement of construction. (Ord. 700A, 3-11-2014)

d. Restoration of damaged riparian vegetation within riparian zone shall be required prior to completion of the proposed project. A bond to assure such restoration may be required prior to commencement of such work.

e. Landscaping and driveway plans to accommodate the function of the floodplain to allow for sheet flooding. Floodwater carrying capacity is not diminished by the proposal. Surface drainage is controlled and shall not adversely impact adjacent properties including driveways drained away from paved roadways. Culvert(s) under driveways may be required. Landscaping berms shall be designed to not dam or otherwise obstruct floodwaters or divert same onto roads or other public pathways.

f. Impacts of the development on aquatic life, recreation, or water quality upstream, downstream or across the stream are not adverse.

g. Building setback in excess of minimum required along waterways is encouraged.

h. The bottom of the lowest floor (crawl space) in the floodplain shall be a minimum of one foot (1') above the base flood elevation.

i. The backfill used around the foundation in the floodplain shall provide a reasonable transition to existing grade, but shall not be used to fill the parcel to any greater extent.

j. Driveways shall comply with effective street standards; access for emergency vehicles has been adequately provided for.

k. Landscaping or revegetation shall conceal cuts and fills required for driveways and other elements of the development.

l. Wetlands shall not be diminished. (Ord. 485, 7-24-2007)

3. Alteration Of Watercourses:

a. 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 emergency management agency; (Ord. 700A, 3-11-2014)

b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; (Ord. 127, 1-12-1988; amd. Ord. 485, 7-24-2007)

c. The proposal is shown to be a permanent solution and creates a stable situation;

d. No increase to the 100-year floodplain upstream or downstream requires certification by a registered Idaho engineer;

e. The recreational use of the stream, including access along any and all public pedestrian/fisher's easements and the aesthetic beauty, shall not be obstructed or interfered with by the proposed work;

f. Fish habitat shall be maintained or improved as a result of the work proposed;

g. The proposed work shall not be in conflict with the local public interest, including, but not limited to, property values, fish and wildlife habitat, aquatic life, recreation and access to public lands and waters, aesthetic beauty of the stream and water quality;

h. The work proposed is for the protection of the public health, safety and/or welfare such as public schools, sewage treatment plant, water and sewer distribution lines and bridges providing particularly limited or sole access to areas of habitation. (Ord. 485, 7-24-2007)

4. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (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 as provided in subsection 10-1-7F of this chapter. (Ord. 127, 1-12-1988; amd. Ord. 485, 7-24-2007)

5. Information To Be Obtained And Maintained:

a. When base flood elevation data has not been provided, obtain, review, and reasonably utilize any base flood elevation and flooding data available from a federal, state or other source, in order to administer section 10-1-8-6 of this chapter.

b. Where base flood elevation data is provided through the flood insurance study, or required as in the preceding subsection, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

c. For all new or substantially improved floodproofed structures:

(1) Verify and record the actual elevation (in relation to mean sea level).

(2) Maintain the floodproofing certifications required in subsection 10-1-8-6B3 of this chapter.

(3) Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 700A, 3-11-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992338
10-1-10: VARIANCES:linklink


A. Application For Variance: A variance from the terms of this chapter shall not be considered until a written application for a variance containing the data required by subsection 8-7-4-2B of this code and a narrative statement, demonstrating the requested variance has mitigated items contained in subsection B of this section, is filed with the zoning administrator for submission to the city planning and zoning commission and the city council.


B. Procedure For Approval Of Variance:

1. Upon receipt of a complete variance application from the zoning administrator, the city planning and zoning commission and the city council shall follow the notice and hearing procedures outlined in subsection 8-7-4-4A of this code and action requirements outlined in subsection 8-7-4-4B of this code.

2. The city planning and zoning commission may recommend to the city council that the city council approve, disapprove, or approve conditionally a requested variance. After receipt of the commission's recommendation and compliance with subsection 8-7-4-4A of this code, the city council may approve, disapprove or approve conditionally, by attaching such conditions to the granting of a variance as is deemed necessary to further the purposes of this chapter, a requested variance. In making a decision, the city planning and zoning commission and the city council shall consider all technical evaluations and all relevant factors and standards specified in other sections of this chapter and:

a. The danger that materials may be swept onto other land 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 content to 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 uses which are not subject to flooding and 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 the floodplain management program for that area;

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 costs 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.


C. Standards And Conditions Of Variance:

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items contained in section 10-1-7 of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre size, the technical justification required for issuing the variance increases.

2. Variances may be issued 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 the remainder of this section.

3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variances would result in exceptional hardship to the applicant; and

c. 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 items contained in section 10-1-7 of this chapter, or conflict with existing local laws or ordinances.

6. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, and otherwise complies with the general standards.

8. 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.


D. Records And Reports: The zoning administrator shall maintain the records of all variances and report any variances to the United States department of housing and urban development, federal insurance administration upon request. (Ord. 127, 1-12-1988)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992339
10-1-11: SCHEDULE OF FEES, CHARGES AND EXPENSES:linklink

The city council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for development permits, amendments, appeals, variances, plan approvals and other matters pertaining to the administration and enforcement of this chapter requiring investigation, inspection, legal advertising, postage and other expenses2. The schedule of fees shall be posted in the office of the zoning administrator and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 82, 12-14-1982)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992340
10-1-12: DISCLAIMER OF LIABILITY:linklink

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. 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 area 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, any officer or employee thereof, or the United States department of housing and urban development, federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 82, 12-14-1982)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992341
10-1-13: VIOLATIONS AND PENALTIES:linklink


A. Failure To Obtain A Development Permit: Failure to obtain a development permit shall be a violation of this chapter.


B. Failure To Comply With Permit: Development permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter.


C. Complaints Regarding Violations: Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this chapter. (Ord. 82, 12-14-1982)


D. Penalties: The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:

Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute an infraction, and be punishable as provided in section 1-4-1 of this code. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 697, 5-14-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41429#s992342


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also title 9 of this code.
Footnote 2: See subsection 1-7-4A of this code.