Ordinance - 1987 - 115 - Flood Control Regulations - 05/12/1987ORDINANCE NO. 115
AN ORDINANCE OF THE CITY OF EAGLE, OF ADA COUNTY, IDAHO, AMENDING
CHAPTER 10, EAGLE CITY CODE, TO INCORPORATE INTO THE FLOOD CONTROL
REGULATIONS OF THE CITY CERTAIN PROVISIONS REQUIRED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY; AND PROVIDING EFFECTIVE DATE.
WHEREAS, the City of Eagle (the "City") participates in
the National Flood Insurance Program administered by the Federal
Emergency Management Agency ("FEMA"); and
WHEREAS, in order to maintain the eligibility of the
City and the property located therein for participation in the
National Flood Insurance Program, the City is required to maintain
and enforce certain flood control regulations and to incorporate
therein certain recent provisions required by FEMA; and
WHEREAS, the City desires to amend its current flood
control regulations, as provided in Chapter 10, Eagle City Code,
in order to incorporate the additional required regulations, for
the benefit of the City and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO:
Section 1: That Section 10-1-1, Eagle City Code, be,
and is hereby, amended to read as follows:
10-1-1: FINDINGS OF FACT AND PURPOSE:
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 govern-
mental services, extraordinary public expen-
ditures 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 struc-
tures located in areas of special flood
hazards which increase flood heights and
velocities, and when such structures are
inadequately anchored, can damage property in
1.
other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood
loss.
B. 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;
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; and
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 areasi and
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.
Section 2: That Section 10-1-5, Eagle City Code, be,
and the same is hereby, amended to read as follows:
10-1-5: RULES AND DEFINITIONS: 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. 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
2.
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
AREA OF SHALLOW
FLOOD HAZARD
AREA OF SPECIAL
FLOOD HAZARD
BASE FLOOD
A request for a review of the Zoning
Administrator's interpretation of
any provision of this Chapter.
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.
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.
A flood having a one percent (1%)
chance of being equalled or exceeded
in any given year, also referred to
as the "100 year flood." Desia-
nation on maps always includes the
letters A or V.
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 drill operations located within
the area of special flood hazard.
BNIS'P]NG-MOBIbE Pr pareel-fer-eerrtigtteus pPrree3&}--ef
HOME-PARK9Rvi -tate- vte-f2)--er mere-
HOME-SffBB�VISION -frome--ete-4 -teat-tr --sale
fer--141- 1.--the---emxrabruet3em---lo-f
faeklitiee-fer--ei-rtg--he- -1-134-en
wki-el°r--bhre- nrerb�3e- l�rome--gig--tie--be
aff --Fi itri-ing-,--rtrt -a- mrrimttm-
the----rrs•ta-llet3errt--- --ti �-3 ;
either---i-t }---e4k e-- it�tg--er--byre
pettring---eenerete-perd--r-arse]---1' e
e; errs-trtf�rn---erf---st-rie�b9�---rs
eempetecd-befere-t re ---el rte
hetes-
3.
BXPANS ,ON-1FO AN
BRIS TI.N-MOBPbB-
HOMB -PARI{ -OR -,MOBfbE
HOME-& BBEvISION
FLOOD or FLOODING
FLOOD INSURANCE
RATE MAP (FIRM)
FLOOD INSURANCE
STUDY
FLOODWAY
Te pregarabeeft-ef-ac itierraa-atm
by-fhe-eertetrttehiert-ef-faeil.tbies
!e'-xrviieii -} ee-P& -e-wrhieh
the- ittobile- -tomes- -are -to— •be- -affixed
f neatx iixl---the--41119 slut-oftt--
tttitie&r-either-firta3 -Bite-graclirtg
er--potxri-tx •--ef-- ,., . --o - the
eengtrt etiert -ef-s-treet,)-s
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 accumula-
tion or runoff of surface waters
from any source.
The official map as is now or as
may hereinafter be adopted on which
the eel--States--cepa_ ►y.,.:- L ----of
Hetis---arrd--�J �--Beve3•.,1 :.. ,.�;
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.
The official report as is now or as
may hereafter be adopted in which
the Urriteel--States---Depa --of
Ileus- tg---etnel--i7•rbesr--Beve3epprieret;
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.
The channel of a river or other
watercourse and adjacent land areas
that must be reserved in order to
discharge the base flood without
4.
cumulatively increasing the water
surface elevation more than one foot
(1').
iihBFFhBLE-FLOOR hn +---H o --trsa-b-1-e'--fere--l3 i -ng
rttrresesr- w1 4 ek--irtekt#des.- erkine ;
steer nI r-eabi.rl r--eeeki-ncf -er-reerea-
tren,--e_--a--eembi-nsti.-en-theree#--- A
fLear arse& -ort y for-sberege pttrreses
1 s-rref-s-LLhabiterbke-fi'oer'Z:
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 viola-
tion of the applicable non -elevation
design requirements of this
ordinance.
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 flood Plain
management purposes the term
"manufactured home" also includes
Park trailers, travel trailers, and
other similar vehicles placed on a
site for greater than 180 consecu-
tive days. For insurance purposes
the term "manufactured home" does
not include park trailers, travel
trailers, and other similar
vehicles.
MANUFACTURED HOME A parcel (or contiguous parcels) of
PARK OR land divided into two or more
SUBDIVISION manufactured home lots for rent or
sale.
MOBIFTIB -HOME
A -etrt tttre-titert -tee-trarrsrerteb}e -rn
one --oma - me'e--eeeti oris,---btrt-l- -en--e
rermanerrt-eltasgi•e r -anel-ciesisrr&te8 -te
be-used-w-ith-br- *o+--&-rermarrenf
fatty ati-en--w en--eenneeteel--te--tl°re
5.
reeptired--tirtr�ieg-----It -dees--fret
tneit�de-- --=---------- -Iii-�l-es---er
travel-brarl-ere-
NEW CONSTRUCTION Structures for which the "start of
construction" commenced on or after
the effective date hereof.
NEW -1408147)E -HOME k paree� - ¢er -eer tie trans paree3&}- -er
PARI-09RMOB�bi}-HGME -tyro--f2}--cer i ere
mebil-e-ire--tete--fog--refit-e t --saie
for-- elelt--the--- oft&truat4-on---orf
faei�itiee--for--eerie rtg- Akre --3e1
mete +erti err--ef--tttk3itieg,---ekther
frra-eite-grae4ii -er thepettrii -of
eanerete-pads;-e -ire--eerrgtruetien
ef-street}-3.s-rt. i-et-e&-gym--err-$fter
the-efieetive-clams ktereef-
START OF
CONSTRUCTION
'P1te-first- eemerrt-ef permarrerrt
eorretrttetierr- -a- st-rt. Lw.father
their-a-meb31e- rome-j--on--a--eite•,r-sttelt
aa-the-peter-ing-o- ---feetincfs
er- y--woile-- eyenel-t ie--stage--ef
exeavatierr--- _ eerlgtrttetion
dees.-Prot--3 ik ie --+and- preparation
etteh---es---elea --,---1rad3 q --ted
ft}}inc�t--rror•-woes---i�--tne�ade- the
inste33-et-i-31t--e f---s4reets--trite-mf
rrta � bfr�ra��--rte r-- e�oes---it---i-rrc-lt#�e
emeeevertierr-of- e- ,--footings ;
pi ere rof -f een&atiorr& -er -the-ereetken
of --temorary--forma---rror--dees.--it
ne+tide--tyre-- ---- ----- ----- -cxt--the
property-of-aeeeesery btti3drnge-s-ueh
as.-garages-er-= -n --occi p4ed -as
dwelling-kwe to -fief-els--part-ef-the
maim-strttetttre-
Per-a-etrttetttre- f-etlser-tharr-a mabil-e
berme}-wititetat -e--basement--o pettred
foatingr-tke-'Start -af-eertotrttetiertu
ineitrdee -the -f iret permarrerrt -framing
e' -assembly -e -f -the- s uc4 e-- - -airy
part --t c*f--ori---ice--p4}- ng--er
fettndatierr-
Per mebi-e-hemee-rtet- within-a-mebiie
sttbdivieierr--LLatart-ef-earrgtrttetiertu
mearte-the-ai€4x3i1g--of--e--mobrrle -hems.
6.
STRUCTURE
SUBSTANTIAL
IMPROVEMENT
Deme&--witbt-n--mehile---i -parks--er
mebike- kmmte--sttbdi-vinion--ALEr -ef
eonstrdetiertL-3a-ire--date--oni--v h eh
the - crostrtxet-iorr- -ef - fare43-itis- -for
ser�treing -l°te --site--an---dtlri el�r --tyre
eenst-rt e4 k --of--= ; --either
finzri-Bite--grading-er-tire-perming-ef
eenerete-mss;--zrnel- -rrst l3-eit-ion--ef
torirtres)--k&-somp3 eted
Includes substantial improvement,
and means the date the building
hermit was issued, provided the
actual start of construction,
repair. reconstruction, placement or
other improvement was within 180
days of the permit date. The actual.
start means either the first place-
ment of permanent construction of a
structure on a site, such as the,
pourina of slab or footings, the
installation of piles, the construc-
tion of columns, or any work beyond
the stage of excavation; or the
placement of a manufactured home on,
a foundation. Permanent construc-
tion does not include land prepara-
tion, 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 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
Dart of the main structure.
A walled and roofed building, e-ittolc43-e
1eme-er-including a gas or liquid storage
tank that is principally above ground.
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:
7.
VARIANCE
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.
A grant of relief from the require-
ments of this Title which permits
construction of a manner that would
otherwise be prohibited by this
Chapter.
Section 3: That Section 10-1-7, Eagle City Code, be,
and the same 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 develop-
ment within any area of special flood hazard
established in Section 10-1-6 of this Chapter.
The permit shall be for all structures,
including moble 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
8.
could possibly increase or alter the flood
hazard.
B. Application for Permit; Review: Application
for a development permit shall be made on
forms furnished by the Zoning Administrator
and shall include the following:
1. Plans in duplicate drawn to scale showing
the nature, location, dimensions and eleva-
tions of the area in question.
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 profes-
sional engineer or architect that the flood -
proofing methods for any nonresidential struc-
ture meet the floodproofing criteria in sub-
section 10-1-8-5B of this Chapter.
6. Description of the extent to which any
watercourse will be altered or relocated as a
result of proposed development.
7. Any additional information required by
the Zoning Administrator.
Upon receipt of a development permit applica-
tion, the Zoning Administrator shall review
the application for completeness and within
ten (10) days of the receipt of a completed
application, shall forward the application,
together with all relevant documentation to
the Planning and Zoning Commission for further
action in accordance with the provisions of
this chapter.
c. Standards For Review: In its review of
applications for development permits, the
Commission and City Council shall consider all
technical evaluations and all relevant factors
and standards specified in other sections of
this Chapter and:
9.
1. The danger that materials may be swept
onto other land to the injury 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 water-
front location, where applicable;
6. The availability of alternative locations
for the proposed uses which are not subject 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 floodplain manage-
ment 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, gas,
electrical and water systems, and streets and
bridges.
D. Procedure for Permit Approval:
1. Public Hearing, Notice: Within thirty
(30) days from the receipt of a completed
application, the Commission shall schedule a
public hearing to consider the development
permit application; such public hearing and
10.
notice thereof to be in accordance with the
notice and hearing procedures provided in
section 67-6509, Idaho Code.
2. Recommendation By Commission: The
Commission, within fifteen (15) days of the
hearing date, shall forward the application
together with its recommendation for approval,
conditional approval or denial together with
the reasons therefor to the City Council.
3. Action By City Council: The City
Council, within fifteen (15) days of the
receipt of the recommendation from the
Commission, shall schedule a public hearing in
accordance with the provisions of 67-6509,
Idaho Code, to further consider the appli-
cation. Following the public hearing, the
Council shall review the application and,
within forty five (45) days of such review,
affirm, affirm with modification or reverse
the decision of the Commission. 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.
E. Notice To Applicant, Issuance of Permit:
Following the decision of the City Council,
the application together with attachments and
the decision of the City Council, shall be
returned to the Zoning Administrator who shall
return one copy of the application and
decision together with those items required by
subsection B of the Section to the applicant
after having marked such copy either as
approved or disapproved and attested to the
same by his signature on such copy. One copy
of the complete application and decision,
similarly marked, shall be retained by the
Zoning Administrator. The Zoning Adminis-
trator shall issue a placard to be posted in a
conspicuous place on the property in question,
attesting to the fact that the use or altera-
tion is in conformance with the provisions of
this Title.
11.
F. Appeals: Any person aggrieved by a decision
of the City Council in its granting or denial
of a development permit may appeal such
decision to the District Court in accordance
with the provisions of section 67-5215, Idaho
Code.
G. Expiration and Revocation of Development
Permit: If the work described in the develop-
ment permit has not begun within one year from
the date of issuance thereof, said permit
shall expire and shall be revoked by the City
Council and written notice thereof shall be
given to the persons affected.
Section 4: That Section 10-1-8, Eagle City Code, be,
and is hereby, amended to read as follows:
10-1-8: FLOOD DAMAGE REDUCTION PROVISIONS: In
all areas of special flood hazards the
standards as set forth in this Section shall
be required.
10-1-8-1: GENERAL BUILDING REQUIREMENTS:
A. Review of Building Permits: Where elevation
data is not available, either through the
Flood Insurance Study or from another authori-
tative 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 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.
C. Electrical. heating, ventilation, plumbina,
and air-conditionina equipment and other
service facilities. shall be designed and/or
otherwise elevated or located so as to prevent
water from enterina or accumulating within the
components during conditions of flooding.
12.
10-1-8-2: ANCHORING:
A. All new construction and substantial improve-
ments shall be anchored to prevent floatation,
collapse or lateral movement of the structure.
B. Prl+- ►ebri4e--homes--eher l-be-trrmArrenm i--to--res t
fl-eabatien;-cerilepse;-•1Yr-fateraI- by
previdgng--ever-the-top--•errmil---f- ---4 a ---te
be-tl°rab-
---fl�tetre-rtrp--ie$-be-pre�*ded- etlr-ef
byre- f enr-� 43 -•:, ., � .+ �� r -of--Lire-�tob-rl�-i��,--�ribb
tie-•{ 3--onerl--breg-per-•sif}e--rrrberme-
eli tte- iee et4eris;-itti-tir- mobr3 e-heries-3-ems--bIrern
ffty-feet-f 5& L)--Seng-reeptirrng-erre-zrdMbrerrzrI
tie -per--erdet
--- ►e--t-ies--be-prey ed- -mac. --c _�--ef
tl°re-4rox2e--Wfth--fi-i•�re-- {��--ac i rert�zrl--4i-s--per
&He-zrt-rrrtermeclrzrte-paint&7-wrth-meb43e haemes
1-ee&-than-f4fter--( -)-- -- ec rr g-fDeer-€4j'
ad rtierraa-tie&-per-s-Het
ezrpzrble-el--cerrin 4flg--zr-feree- of--fottrr—thetezrnd
e.igkrt-heti&red--47&&&)- pettnd&r-zrnd;
&imil.arly-anehtered .
e- An -alternative methec4 -ef-anteherrng map -irrve e
a-system-dre&i-c ned-to-wit%retancd-ar-wrnel-foree-ef
ninety---{ )---rt►±4es--per---hour---o-�}reatcr:
eerbifreatren-x st--be--previde4-fe-•tie--aenrng
Aelmetrater-tIta.t-ths-etzrnderrel-hzra-been-met-
All manufactured homes must likewise be
anchored to prevent floatation, 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 around anchors (Reference FEMA's
"Manufactured Home Installation in Flood
Hazard Areas" guidebook for additional
techniaues).
10-1-8-3: WATER AND SEWER SYSTEMS:
13.
A. All new and replacement water supply systems
and sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood
waters into the systems; and discharge from
the systems into flood waters.
B. On-site waste disposal systems shall be
located to avoid impairment of them or
contamination from them during flooding; and
C. All sewer and water systems shall be approved
by District Health Department of the Idaho
Department of Health and Welfare.
10-1-8-4: SUBDIVISIONS:
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 which contain at least fifty (50)
lots on five (5) acres, whichever is less.
10-1-8-5: SPECIFIC STANDARDS: 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: New construction
and substantial improvement of any residential
structure shall have the lowest floor,
including basement, elevated to a minimum of
one foot (1') above the elevation of the one
hundred (100) year flood level.
Fully enclosed areas below the lowest floor
that are subiect to flooding are prohibited.
or shall be designed to automatically eaualize
hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood-
waters. Designs for meeting this reauirement
14.
must either be certified by a reaistered
Professional engineer or architect or must
meet or exceed the following minimum criteria:
1 i1
A minimum of two openings havina a
total net area of not less than one
square inch for every sauare foot of
enclosed area subiect to flooding
shall be provided.
(ii) The bottom of all openings shall be
no higher than one foot above grade.
(iii) Openings may be equipped with
screens, louvers, or other coverincits
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 lowest floor, including
basement, elevated to the level of the base
flood elevation; or, together with attendant
utility and sanitary facilities, shall:
1. Be floodproofed so that below the 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; 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 atre--set+s-f4ed
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-
1-9B2b.
4. Nonresidential structures that are
elevated. not floodproofed. must meet the same
standards for space below the lowest floor as
described in Subsection 10-1-8-5A.
15.
5. Applicants floodproofina nonresidential
buildinas shall be notified that flood
insurance premiums will be based on rates that
are one foot below the floodproofed level
(e.a. a building constructed to the base flood
level will be rated as one foot below that
level).
c. Mel: a-Hei eat.
�- Mebiae!--411mmee--she44---be--ane ---kn
&eeerdamee--wwt---6eet-:ent-- l'? 3-.-e— -off -blhi.s
eherpber-
2.- Per -nest mebi3e 1teme park& -&ml - tebk3e -heme
&t&1'1r-fey-e)ep&rtsierr& t-&-eek&brng mabi.ke
lYeme-par4cs--end- mebiie-heme--eub -ie}rrs -far
e,ti&b11d-snob4-3re--bert►e- p&r) &--and--meb43e-Dente
sttbeli 4s&ien&-where-t+re-i�epe,--ree=en&bruebien
er-3m}revernent-. -byre-streets;- i3 -&nd
p&d&-egtteas-e-^- .s-4+ y- __=--eS49 .}-ef
byre-ve4tre--of- t-ite-streets;-tlet4.-i-i4 pacts
-intpreve-
menb-l'tas--<.
pka ed -4 i -m -i ebile-dome-park-er---ettob4 —e -Pante
&trbelivi&ienr-reeftriret*&ba
eentp&abed--1t1-)---cry-gym-- ri3-inefs--se--that--bke
1owe&b-fiver-of-bhe-mebrle4 eme-i-e-ekevntte&-be
&-rain tmit-e-ene-feeb-Fl.L--&beve-tile-el-evertien
ef-therone httnelred-WIEft ye&r-flee-3eve3t
b--- Adeeitmte-&trrf&ee-dr&rna e-&nc&-aeee&e
far-& hartr}er-&reprevtidedr-&nd;
e - - - -Irr - -byre - -in&b&nee - -af --e1-ev-&bi arr - -en
pi3inefs -t &bt
€1.j---Bets.--&re--k&roue--enotrdf t--be--permit
&bap&t
€2)---Pikinef--faunal&bran&--&re--p1&eed in
s erbl-e-seria--no-mere-than-terry-feet--f-3 L}
&p&rbr-&nd;
pia-inc smare-blur&n-&rpt-feeb-f-&L}--&be'e-bite
gretrnd-ke�el--
16.
3-r Na--inc�lrr a--iron--stmtiA--ike--piaeed--4n--a
fl eedway--e cp4--4n--&i' - = -L--ng--me 4.e --lire to
pant-er-Cxistrng a e-1�o-�ttbe�r�ri-siarr-
Manufactured Homes
All manufactured homes to be placed or sub-
stantially improved within Zones A1-30, AH.
and AE shall be elevated on a permanent
foundation such that the lowest floor of the.
manufactured home is at or above the base
flood elevation and be securely anchored to an
adeauatelv anchored foundation system in.
accordance with the provisions of subsection,
5.1-1(2).
Section 5: 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 COMMISSION, CITY COUNCIL AND ZONING
ADMINISTRATOR:
A. The duties of the Commission and City Council
shall include, but not be limited to:
1. Permit Review:
a. Review of all development permit
applications to determine that the permit
requirements of this Chapter have been satis-
fied.
b. Review of all development permit
applications 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 encroachment
provisions of subsection 10-1-8-5D of this
Chapter are met.
2. Alteration of Watercourses:
a. Notify adjacent communities and the
Idaho Department of Water Resources prior to
any alteration or relocation of a watercourse
17.
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 10-1-7F of this
Chapter.
B. The following information shall be obtained
and maintained by the Zoning Administrator:
1. When base flood elevation data has not
been provided, the Zoning Administrator shall
obtain, review, and reasonably utilize any
base flood elevation and flooding data avail-
able from a federal, state or other source.
2. Where base flood elevation data is
provided through the Flood Insurance Study,
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-r3. For all new or substantially improved
floodproofed structures:
a. Verify and record the actual
elevation (in relation to mean sea
level).
b. Maintain the floodproofing
certifications required in subsection 10-
1-8-5B3 of this Chapter.
c. Maintain for public inspection
all records pertaining to the provisions
of this Chapter.
18.
Section 6: 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 and until a written application for a
variance is submitted to the Zoning
Administrator containing the data required by
subsection 8-7-4-2B of this Code, and as
narrative statement demonstrating the
requested variance has mitigated items
contained in subsection 10-1-7C of this
Chapter.
B. Procedure for Approval of Variance:
1. 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. Upon consideration of the factors
contained in subsection 10-1-7C of this
Chapter, relevant items in Section 8-7-4-4 of
this Code, and the purposes of this Chapter,
the City Council may approve, disapprove or
may approve conditionally by attaching such
conditions to the granting of variances as it
deems necessary to further the purposes of
this Chapter.
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
reconstruction, rehabilitation or restoration
19.
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 excep-
tional 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 Proaram 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 finan-
cial 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 nonresiden-
tial buildings in very limited circumstances
to allow a lesser degree of floodproofina than
watertight or drv-floodproofina, where it can
be determined that such action will have low
20.
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 7: Except as amended hereinabove, all
provisions of Chapter 10, Eagle City Code, are hereby ratified and
confirmed.
Section 8: This Ordinance shall take effect and be in
force from and after its passage, approval, and publication.
DATED this /;,Z. day of � , 1987.
ATTEST:
City Clerk
CITY OF EAG
By eit-GC?4tee/
Mayor
r -ii -
21.
SUMMARY OF
ORDINANCE NO. 115
AN ORDINANCE OF THE CITY OF EAGLE, OF ADA COUNTY,
IDAHO, AMENDING CHAPTER 10, EAGLE CITY CODE, TO
INCORPORATE INTO THE FLOOD CONTROL REGULATIONS OF
THE CITY CERTAIN PROVISIONS REQUIRED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY; AND PROVIDING EFFEC-
TIVE DATE.
A summary of the principal provisions of Ordinance No.
115 of the City of Eagle, Idaho, adopted on May 12, 1987, is as
follows:
Section 1: Amends Section 10-1-1, Eagle City Code, to
add to the purposes of the Flood Control Ordinance of the City.
Section 2: Amends Section 10-1-5, Eagle City Code, to
amend definitions contained in the Flood Control Ordinance.
Section 3: Amends Section 10-1-7, Eagle City Code, to
refer to manufactured homes.
Section 4: Amends Section 10-1-8, Eagle City Code, to
provide additional general building requirements, provisions
relating to manufactured homes, and certain specific building
standards, and to delete references to mobile homes.
Section 5: Amends Section 10-1-9, Eagle City Code, to
provide for certain information relating to base flood elevation
data to be provided to the Zoning Administrator.
Section 6: Amends Section 10-1-10, Eagle City Code, to
provide additional standards for variances.
Section 7: Ratifies and confirms the provisions of
Chapter 10, Eagle City Code, except as amended by this Ordinance.
Section 8: Provides that this Ordinance shall take
effect and be in force from and after its passage, approval, and
publication.
Page 1
The full text of Ordinance No. 115 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 May, 1987.
CITY OF EAGLE
By
Carol Haley, 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
foregoing summary of Ordinance No. 115 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.
MCMkaj104
Page 2
DATED as of the 12th day `;f May, 1987.
Mich -e C. Moore, City Attorney
SUMMARY OF
ORDINANCE NO. 115
AN ORDINANCE OF THE CITY OF EAGLE,
OF ADA COUNTY, IDAHO, AMENDING
CHAPTER 10, EAGLE CITY CODE, TO IN-
CORPORATE INTO THE FLOOD CONTROL
REGULA".IONS OF THE CITY CERTAIN
PROVISIONS REQUIRED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY;
AND PROVIDING EFFECTIVE DATE.
A summary of the principal provisions of
Ordinance No. 115 of the City of Eagle, Idaho,
adopted on May 12,1987, is as follows:
Section 1: Amends Section 10-1-1, Eagle City
Code, to add to the purposes of the Flood Control
Ordinance of the City.
Section 2: Amends Section 10-1-5, Eagle City
Code, to amend definitions contained in the
Flood Control Ordinance.
Section 3: Amends Section 10-1-7, Eagle City
Code, to refer to manufactured homes.
Section 4: Amends Section 10-1-8, Eagle City
Code, to provide additional general building
requirements, provisions relating to
manufactured homes, and certain specific
building standards, and to delete references to
mobile homes.
Section 5: Amends Section 10.1-9, Eagle City
Code, to provide for certain information relating
to base flood elevation data to be provided to the
Zoning Administrator.
Section 6: Amends Section 10-1-10, Eagle City
Code, to provide additional standards for
variances.
Section ?: Ratifies and confirms the provisions
of Chapter 10, Eagle City Code, except as
amended by this Ordinance.
Section 8: Provides that this Ordinance shall
take effect and be in force from and after its
passage, approval, and publication.
The full text of Ordinance No. 115 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 May, 1987.
CITY OF EAGLE
By CAROL HALEY, Mayor
ATTEST:
Barbara Montgomery, City Clerk
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 foregoing summary
of Ordinance No. 115 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 ordnance.
DATED as of the 12th day of May,1987
MICHAEL C. MOORE, City Attorney
Publish: May 14,1987 5-141b
PROOF OF PUBLICATION
State of Idaho,
County of Ada
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 Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
one consecutive weeks, the first publication being on
the IL_ day of ..... .M y_._.____. , 19_221, 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 t Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this .4:1...... day
of .m.. _ _._.._ ._ __ ,., May 19 87
Notary Public in and for I
Residence or Postofflce Address Meridian_ .... Idaho.
EXPIRES DEC. 1988
LEGALNOTICE OFPUBLIC HEARING
CITY OF EAGLE, IDAHO
NOTICE IS HEREBY GIVEN that the Eagle
Qty Council will bold a public hearing on May Eagle
1987 at 7:30 p.m. at Eagle Primary
Road, Eagle, Idaho.
The purpose of the hearing is to consider
revisions to Title 10, Eagle
Code, Flood
Control, in order to comply
Flood Control
Regulations of the Federal Emergency
Management Agency.
BARBARA MONTGOMERY
City Clerk of Eagle }
Publish: April 23.1987
PROOF OF PUBLICATION
State of Idaho,
County of Ada ss.
I• 'tom—xr— , 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 Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
one consecutive weeks, the first publication being on
the .23 _ day of __.Aril... -. , 19_-8.7, 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 .24. day
of ...... .. April 19 87
Notary Public in and for
Residence or Postofflce Address
EXPIRES DEC. 1988
Meridian Idaho.
TO: VALLEY NEWS TIMES
LEGAL NOTICE OF ?PUBLIC HEARING
CITY OF EAGLE, IDAHO
NOTICE IS HEREBY (,IVFN THAT THE EAGLE CITY COUNCIL WILL
HOLD A PUBLIC FEARING ON May 12, 1987, AT 7:30 P.M.
AT EAGLE PRIMARY SCHOOL, EAGLE ROAD, EAGLE, IDAHO.
THE PURPOSE OF THE HEARING IS TO CONSIDER REVISIONS
TO TITLE 10, EAGLE CITY CODE, FLOOD CONTROL, IN ORDER TO
COMPLY WITH FLOOD CONTROL REGULATIONS OF THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
AT,
B _.t •A MONTGO4ERY 0
CITY CLERK -OF EAGLE
PUBLISH Anril 23 , 1987 TTME(S) one time only
LEGAL NOTICE OF PUBLIC HEARING
CITY OF EAGLE, IDAHO
NOTICE IS HEREBY GIVEN that the -Eagle
City Council will hold a Public Hearing on April
14, 1987, at 7:30 p.m. at Eagle Primary School,
Eagle Road, Eagle, Idaho.
The purpose of the Hearing is to Consider
Revisions to Title 10, Eagle Qty Code, Flood
Control, in order to comply with Flood Control
Regulations of the Federal Emergency
Management Agency.
BARBARA MONTGOM 1R, Eagle City Cleft
Publish: March 2S, 1987.
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
Jeannie Hawk
, 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 Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
1 consecutive weeks, the first publication being on
the 26... day of March, 19_ 87 , and the last
publication being on the .. 26.. day of March
19..8.
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 newspapgr within
the meaning of the Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this - 26 day
of Mar 19 87 r
Notary Public in and for
Residence or PostoffIce Address Meridian , Idaho.
EXPIRES DEC. 1988
LEGAL NOTICE OF PUBLIC SEARING
CITY OF EAGLE, IDAHO
NOTICE IS HEREBY GIVEN That the Eagle
Planning and Zoning will hold a Public Hearing
on April 7, 1987, at 7:30 p.m. at the Eagle
Primary School, Eagle Road, Eagle Idaho.
The purpose of the Hearing is to consider
Revisions to Title 10, Eagle City Code, Flood
Control, in order to comply with Flood Control
Regulations of the Federal Emergency
Management Agency.
BARBARA MONTGOMERY, Eagle City Clerk -
Publish: March 19, 1987.
PROOF OF PUBLICATION
State of Idaho,
County of Ada ss.
Jeannie Hawk , 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 Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
consecutive weeks, the first publication being on
the 19__ day of March , 19_ , and the last
publication being on the -.1.9__ . day of March
19... 8�.
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 newspapftr within
the meaning of the; Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this _ 20 day
of Nara_..
1s 87
otary Public in and for lydaa o
Residence or Postoffice Address
EXPIRES DEC. 1988
Meridian , Idaho.