Ordinance - 1988 - 127 - Amending Title 10/Development Permits - 01/12/1988ORDINANCE NO. 127
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 10-1-7,
EAGLE CITY CODE, TO ELIMINATE THE PUBLIC HEARING REQUIREMENTS FOR
THE ISSUANCE OF DEVELOPMENT PERMITS IN FLOOD HAZARD AREAS AND TO
PROVIDE FOR THE ISSUANCE OF SUCH PERMITS BY THE ZONING
ADMINISTRATOR; AMENDING SECTION 10-1-9, EAGLE CITY CODE, TO
DELEGATE CERTAIN DUTIES TO THE ZONING ADMINISTRATOR; AMENDING
SECTION 10-1-10, EAGLE CITY CODE, TO ESTABLISH STANDARDS FOR THE
ISSUANCE OF VARIANCES; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
same
Section 1: That Section 10-1-7, Eagle City Code, be, and the
is hereby, amended to read as follows:
10-1-7: DEVELOPMENT PERMIT REQUIREMENTS
A. Permit Required: A 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 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 development permit shall be
required for any development that could possibly
increase or alter the flood hazard.
B. Application for Permits -Review:
development permit shall be made
by the Zoning Administrator and
following:
1. Plans in duplicate drawn to
nature, location, dimensions and
area in question.
Application for a
on forms furnished
shall include the
scale showing the
elevations of the
2. Existing and proposed structures, fill,
storage of materials, drainage facilities and their
location.
3. Elevation in relation to mean sea level of the
lowest floor (including basement) of all
structures.
4. Elevation in relation to mean sea level to
which any structure has been floodproofed.
5. Certification by a registered professional
engineer or architect that the floodproofing
methods for any nonresidential structure meet the
floodproofing criteria in Subsection 10-1-8-5B of
this Chapter.
6. Description of the extent to which any water-
course will be altered or relocated as a result of
proposed development.
7. Any additional information required by the
Zoning Administrator.
Uperr-teee3pt---a-deveeepmeint- re*., _= -app eabierr;
the-Semirsg-Adm4 strater-s33- ate•-appiiea-
tierr-fer—empi erten--within-ten--(3 O)-Sys--ef
b1 e--reeeipt--ef--a--eemplete--appkieatierrr--sltaii
ferwarel +lie-applieatierr,--tegether-wibh-aik-relevant
e' �eeumerrtatierr te-thee-Plarrrrii '-arrel-5errirm-eem tieeien
-prev-
C. &tane&ares-.Per- Review: err-4.ts- r--ef-eppliea-
Cierrs-fer- -,,.L :w,_.,',...permibe,--tire- -arre4
eity-Eetme4 --eira3-i--earsieler-a-14--teehrri-ea3--evaitra-
speeifiel- -seet4eits--$24--this—f iter. -an&+
Upon receipt of a complete development permit
application. the Zoning Administrator shall review
the application and arant or denv the reauested
development permit. in accordance with the
provisions of Subsection 10-1-9A1 of this Chapter.
17 The- eager-- t-rnateritas--y--be- epb--erne
ether-iarre�-lie-ird-trri -ef-ethers t
The--danger--te--44rfe--/m/ --prof --due—fie
f ieo&irecg -er-eresierr-damaget
3.:
arra-its-certt-errb- to--fleem&-dai age- --tie- el- -ef
etreh-&amale-err the-incli� trak-ewr3ert
47 Tire-impertarree-ef-the-serviees-pre'i&e -by-b1 ee
prepese -f aei] ' -te -the-eenemttrrityt
57 The-rteeessity-te-4 e—f J .44 y-- a4f---waterfrent
eeeat rrr; -where-appkieal&iet
6: The -avaiIabifity-e>f--a-1- -fer
the prepese -sttle&eet-te-Eleeelirreg
te-fleeclirr
arca -ereei ea-elastaget
7: The - -e--the --proposed-- use- -with
existing-are}-arrtieipatsel-el evel-egatentt
87 The - e3et-i-enrshrip--o2 -the--proposed--ttse-bo--the
eextprehrensive- -and-- 33e---€4.eeetria-ir--litanagement
preelraxt -far -that -area.?
9: The -safety -e€- :o--the--crepe - i-fixtes
ef-flee&-fer-ere&inarp-arra-emergenep vehi-e3est
1.9- The -expeeteel keigllr s,- ve itp',--eltrratierr,--rate
ef-rise-iaterrt- ,.5.;.. -of- -f-leec -waters
arm} --4lre•-.s--e€--wave -+ + r•;•,---
expeete& -at -the -eine t -and
The -eests--e4-previd i --eerviees
alar rigs---end---after---fa d---c�cx i- icxr�---knelt re}
xtairrberranee--eti--repsi-r•- --pi a --tit Iit4es--and
faeil•ities -sttek -as -sewer r -gas;eefri eak -ane} -water
systems r -ane} -et reebs-an&-bridges-
H- Preeeelere-fer-Perxtit Appreva
�- 0E 1e- »etiee:--- - f3 9}
clays -eo p-feted--applieatierr;
tlYe-€emm3ssieri--s`_•--sekeelttle-a-Dttt3-i- tee ing--te
eensider-tie--de�e��rw...,►--perxiit-'api�1--_----
rub4..e- - -1-tea-rirrq - - ttetiee- - -thereof- - to-- --in
aeeerelarree-with- -the- rretiee-arid- i -ng -procedures
previeMee& -irr-seetierr-67--6869,r-Idaho -G ecl e-
2: Ree-eaxtmissiert ---The-eemttissierrr
within -fifteen- }- -clays -of-the -hearing -elate s-s�rai�
ferttarel--t re--appl-ieatkeit-atx}et4ret--wit1-3#te--reee--
ntenceatien--fcrr- ai-,--•eerrrd-it-i l--apprevai--es-
denial--togethrer--w' -t ie- +s--there€er-rtw--three
ekty-Getatei-1-7
87 heti-eft --By--e ty- ---rE e-mit--eettnei1;
ttithtin- = ----claps--of--t ie- recce -rpt,- of --the
Lertien-Prem- t-Oomtn-les-irtx-,--sekeeittl-e
a-pth3Ie- -accordance- - i s--heprevisierrs
of -f -f509--- dahe--Cde-,--ter-fitrther- i. '--the
applieatien----three--hear-irtg; --three
eeuneil- e33 -review -the--app3ieatien-ttrre-�,tithrin
ferty-five-f-4&}--days -ef-sue* ,--affirms-affirm
with:- ter -reverse- -dee psyen—of- -the
eextrtissierr--The -el!eeisien-ef -the -eity-eettneii-ehta��
be -k t-wrkti-ng-an&-aeeemparr br-a-sttabemel -?I' -blue
ferm-erg--Ern& ng&- o--faet-tined--eenekttsferrs-tri-lair
thraf-explain-the- it tir tend--eeneidered
re+ev&ftt,--state- bhe--faete-rel#ed-upon--ed--exp erin
the.- tri-ieet-ierrr-cif-the--de-baseel-keimmr-b1 e
eriber#a,--sfam ar -and-faete-ae-eeb-fertel.
ETD. Notice To Applicant, Issuance of Permit: Pekkevwkftg
the- .sien--of--tire-e±ty- - ;-- 1 -app] e&&len
Lege 1 er-w4th--e #. �L:., .l-ane&t ie- �sism-----tyre
ekty-eettneiI -sheik- h* ?ed--te After rendering
a decision, the Zoning Administrator whe shall
return one copy of the application and decision.,
together with those items required by Subsection B
of the this Section,. to the applicant,. after having
marked such copy either as approved or disapproved
and attested to the same by hr--e-rialmatitee---an
signing such copy. One copy of the complete
application and decision, similarly marked, shall
be retained by the Zoning Administrator. The
Zoning 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.
F -E. Appeals: Any person aggrieved by a decision of the
city--eetzneii Zoning Administrator in Pts the
grantkng or denial of a development permit may
appeal such decision to the Hkatrreb--eotrrt City
Council. by filing a notice of appeal stating the
nature of the appeal with the City Council. within
thirty (30) days of the return of the Zoning
Administrator's decision to the applicant. The
City Council, within fifteen (15) days of the
receipt of a notice of appeal, shall schedule and
hold a public hearing in accordance with the
hearing provisions of 67-6509, Idaho Code, to
further consider the aVplication. Following the
public hearing. the City Council shall, within
fifteen (15) days of the hearing, affirm. affirm
with modification or reverse the decision of the,
Zoninv 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 iustification for the,
decision based upon the criteria, standards, and
facts as set forth. in In accordance with the
provisions of Section 67-5215, Idaho Code, a iperson
aggrieved by a decision of the City Council in its
- 4 -
arant or denial of a development permit may appeal
the City Council's decision to the District Court,.
(3:F. Expiration and Revocation of 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 eity—eourreiri Zonina Administrator
and written notice thereof shall be given to the
persons affected.
Section 2: That Section 10-1-9, Eagle City Code, be,
and the same is hereby, amended to read as follows:
10-1-9 DUTIES OF THE eeMI Sgmemr-eiTY-E'9imemb 14NH
ZONING ADMINISTRATOR:
A. The Zonina Administrator may delegate to the
Building Inspector anv of its duties under this
Section. The duties of the eemmk&s.kert-e1kd--eity
eettrtei1- Zonina Administrator, or of the Building
Inspector if desianated by the Zonina
Administrator, shall include, but not be limited
to:
1. Permit Review:
a. Review of all development permit applica-
tions to determine that the permit requirements of
this Chapter have been satisfied.
b. Review of all development permit applica-
tions to determine that all necessary permits have
been obtained from those federal, state or local
governmental agencies from which prior approval is
required.
c. Review of development permit applications
to determine if the proposed development is located
in the floodway. If located in the floodway
(defined as the channel and adjacent one hundred
[100] year floodplain), assure that the encroach-
ment provisions of Subsection 10-1-8-5D of this
Chapter are met.
2. Alteration of Watercourse:
a. Notify adjacent communities and the Idaho
Department of Water Resources prior to any altera-
tion or relocation of a water course and submit
evidence of such notification to the Federal
Emergency Management Agency.
b. Require that maintenance is provided
within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is
not diminished.
3. 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 10-1-7FE of this Chapter.
B- The-ARAAro ng--tiletmat3eft--eha--be--ebttaned--arrd
marintetifteel-by-the-aeftiftg-haiminietraters
4. Information to be Obtained and Maintained:
IT a. When base flood elevation data has not
been provided, the--Serving--Admittistrater-- i3i
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 10-1-8-5 of this Chapter.
�- b. Where base flood elevation data is
provided through the Flood Insurance Study or
reauired as in the t,recedina 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.
2.:3: c. For all new or substantially improved
floodproofed structures:
a-1. Verify and record the actual
elevation (in relation to mean sea level).
br2. Maintain the floodproofing
certifications required in Subsection 10-1-8-
5B3 of this Chapter.
e73. Maintain for public inspection all
records pertaining to the provisions of this
Chapter.
- 6 -
Section 3: That Section 10-1-10, Eagle City Code, be,
and the same is hereby, amended to read as follows:
10-1-10: VARIANCES:
A. Application for Variance: A variance from the
terms of this Chapter shall not be granted -unless
&nd considered until a written application for a
variance -shb tteel--to- the -$en ftg-
containing the data required by Subsection 8-7-4-2B
of this Coder and as a narrative statement
demonstrating the requested variance has mitigated
items contained in Subsection 3e -3 -?e B of this
ehep#er 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 applica-
tion from the Zoning Administrator. The 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 Coder and
action requirements outlined in Subsection 8-7-4-4B
of this Code.
2. Upen-eensiderati err -eE -tete -f &eter&-eentair -in
stOsseeflea-1e-1-�e-e€-4 its-43itepter — -items
ir:-Seederl- —4- 4--o -thia-eerie;-erre3--t�pttrposes
e* -this- etept ;--the 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. the City Council may
approve, disapproves or m&y approve conditionally
by attaching such conditions to the granting of a
variance& as it is deems deemed necessary to
further the purposes of this Chapter. a reauested
variance. In making its 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:
1. The danger that materials may be swept onto
other land to the iniury of others;
2. The danger to life and property due to
flooding or erosion damage;
3. The susceptibility of the Proposed facility
and its content to flood damage and the effect of
such damage on the individual owner;
4. The importance of the services Provided by the
proposed facility to the community:
5. The necessity to the facility of a waterfront
location. where applicable;
6. The availability of alternative locations for
the proposed uses which are not subiect to flooding
and erosion damage;
7. The compatibility of the Proposed use with
existing and anticipated development;
8. The relationship of the proposed use to the
Comprehensive Plan and the floodplain management
program for that area;
9. The safety of access to the Property in times
of flood for ordinary and emergency vehicles:
10. The expected heights. velocity. duration. rate
of rise and sediment transport of the flood waters
and the effects of wave action, if applicable.
expected at the site; and
11. The costs of Providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and
facilities such as sewer. aas. 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 (i) acre or less in
size contiguous to and surrounding by lots within
existing structures constructed below the base
flood level, providing the items contained in
subsection 10-1-7C of this Chapter have been fully
considered. As the lot size increases beyond the
one-half (I) acre size, the technical justification
required for issuing the variance increases.
2. Variances may be issued for the reconstruc-
tion, 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 deter-
mination 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 subsection 10-1-7C
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 water tight 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.
Section 4: That this Ordinance shall take effect and be
in force from and after its passage, approval, and publication.
DATED this 12th day of January, 1988.
CITY OF EAGLE
MLDkaj075
SUMMARY OF
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 10-1-7,
EAGLE CITY CODE, TO ELIMINATE THE PUBLIC HEARING REQUIREMENTS FOR
THE ISSUANCE OF DEVELOPMENT PERMITS IN FLOOD HAZARD AREAS AND TO
PROVIDE FOR THE ISSUANCE OF SUCH PERMITS BY THE ZONING
ADMINISTRATOR; AMENDING SECTION 10-1-9, EAGLE CITY CODE, TO
DELEGATE CERTAIN DUTIES TO THE ZONING ADMINISTRATOR; AMENDING
SECTION 10-1-10, EAGLE CITY CODE, TO ESTABLISH STANDARDS FOR THE
ISSUANCE OF VARIANCES; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 127 of
the City of Eagle, Ada County, Idaho, adopted on January 12, 1988,
is as follows:
Section 1: Amends Section 10-1-7, Eagle City Code, to remove
the requirement that the City of Eagle Planning and Zoning
Commission and City Council hold public hearings upon applications
for development permits in flood hazard areas and to delegate to
the Zoning Administrator responsibility for the administration of
Title 10, Chapter 1, including the review of development permit
applications and the approval or denial thereof, under revised
standards.
Section 2: Amends Section 10-1-9, Eagle City Code, to
delegate the duties of the Planning and Zoning Commission and City
Council designated in said Section to the Zoning Administrator.
Section 3: Amends Section 10-1-10, Eagle City Code, to
establish additional factors for the Planning and Zoning
Commission and City Council to consider in issuing a variance
under Title 10, Chapter 1.
Section 4: Provides for effective date.
The full text of Ordinance No. 127 is available at City Hall
and will be provided to any citizen for inspection, upon personal
request, during normal office hours.
DATED this 12th day of January, 1988.
CITY OF EAGLE
By
Mayor
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor
to the City of Eagle, Idaho, hereby certify that I have read the
attached summary of Ordinance No. 127 of the City of Eagle and
that the same is true and complete and provides adequate notice to
the public of the contents of said Ordinance.
DATED this llth day of January, 1988.
aph
MLDkaj085
.Z7 adj 1/111
Cirre
it
Attorney
PROOF OF PUBLICATION
State of Idaho, 1
County of Ada I
ss.
Steve Wherry being first duly
sworn, depose and say, that I am over twenty-one years of age, and
chief clerk of VALLEY NEWS, a weekly newspaper of general
circulation, published at Meridian, County of Ma, State of Idaho,
and that the anne>rd notice was published in said paper once
each week for consecutive weeks, the first publication
being on the 21 day of January , 19 88 ,
and the last publication being on the day of
19
That said notice was published in the newspaper proper and
not in a supplement. That said newspaper had been continuously
and uninterruptedly published in said county for a period of 78
consecutive weeks prior to the first publication of this notice, and
is a newspaper within the meaning of the Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this
January 19 88
Notary Public in and for Idaho
Residence or Postoffice Address
EXPIRES DEC. 1988
25
day of
Cnttnnwnpd ,Idaho.
SUMMARY OF
ORDINANCE NO. 127
AN ORDINANCE OF THE CITY OF EAGLE,
IDAHO, AMENDING SECTION 10-1-7, EAGLE
CITY CODE, TO ELIMINATE THE PUBLIC
HEARING REQUIREMENTS FOR THE
ISSUANCE OF DEVELOPMENT PERMITS IN
FLOOD HAZARD AREAS AND TO PROVIDE
FOR THE ISSUANCE OF SUCH PERMITS BY
THE ZONING ADMINISTRATOR; AMENDING
SECTION 10-1-9, EAGLE CITY CODE, TO
DELEGATE CERTAIN DUTIES TO THE
ZONING ADMINISTRATOR; AMENDING
SECTION 10-1-10, EAGLE CITY CODE, TO
ESTABLISH STANDARDS FOR THE
ISSUANCE OF VARIANCES; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of
Ordinance No. 127 of the City of Eagle, Ada
County, idaho, adopted on January 12, 1988, is as
follows:
SECTION 1: Amends Section 10-1-7, Eagle City
Code, to remove the requirement that the City of
Eagle Phuming and Zoning Commission and City
Council hold public hearings upon applications
for development permits in flood hazard areas
and to delegate to the Zoning Administrator
responsibility for the administration of Title 10,
Chapter 1, including the review of development
permit applications and the approval or denial
thereof, under revised standards.
SECTION 2: Amends Section 10-1-9, Eagle City
Code, to delegate the duties of the Planning and
zoning Commisssion and City Council designated
in said Section to the Zoning Administrator.
SECTION 3: Amends Section 10-1-10, Eagle
City Code, to delegate the duties of the Planning
and Zoning Commission and City Council
designated in said Section to the Zoning
Administrator.
SECTION 4: Provides for effective date.
The full text of Ordinance No. 127 is available at
City Hall and will be provided to any citizen for
icon, upon personal request,
nor-
mal office hours. during
DATED this 12th day of January, 1988.
CITY OF EAGLE
STEVE GUERBER
Mayor
BARBARA MONTGOMERY
CIty Clerk
PUBLISH: Jan. 21,1988