Ordinance - 1982 - 82 - Repeal Flood Plain Overlay District - 12/14/1982
ORDINANCE NO. 82
FLOODPLAIN ORDINANCE
SECTION 2: That Article I, Section ß. of rdinance No.
40, is hereby amended by deleting therefrom th entire definition
of "flood plain."
IDAHO, REPEALING
F ORDINANCE
CTION B, MEANING
FORTH FINDINGS
G FLOOD LOSSES,
S; CREATING
THEREOF; PROVIDING
FOR ABROGATION
RNING AND DISCLAIMER
; DESIGNATING
FOR APPROVAL OF
ZONING COMMISSION
ISTRICT COURT;
S FOR FLOOD HAZARD
VIDING FOR ENFORCE-
ROVAL OF Arm
A SCHEDULE
AN ORDINANCE FOR THE CITY OF EAGLE, ADA COUNTY,
ARTICLE VIII, FLOODPLAIN OVERLAY DISTRICT (FP)
NO. 40, ZONING ORDINANCE: AMENDING ARTICLE I,
OF TERMS OR WORDS, OF ORDINANCE NO. 40; SETTIN
OF FACT STATEMENT OF PURPOSE, METHODS OF REDUC
AND DEFINITIONS; SETTING FORTH GENERAL PROVISI
A FLOODWAY DISTRICT AND ESTABLISHING BOUNDARIES
FOR OFFICIAL MAPS; PROVIDING FOR COMPLIANCE AN
AND GREATER RESTRICTIONS, INTERPRETATION, AND
OF LIABILITY; ESTABLISHING A DEVELOPMENT PERMI
A ZONING ADMINISTRATOR AND HIS DUTIES; PROVIDI
DEVELOPMEnT PERMIT APPLICATIONS BY PLANNING Aï
AND CITY COUNCIL; PROVIDING FOR APPEALS TO THE
PROVIDING FOR VARIANCES; ESTABLISHING PROVISIO
REDUCTION, SPECIFIC STANDARDS AND FLOODWAYS; P
MENT AND PENALTIES, CONTENT OF APPLICATIONS, A
EXPIRATION OF DEVELOP}ŒNT PERMITS; PROVIDING F
OF FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AIID CITY COUN L OF THE CITY
OF EAGLE, IDAHO:
SECTION 1: That Article VIII, of Ordinan
and the same hereby is, repealed.
No. 40, be,
SECTION 3: That the Ordinances of the Ci of Eagle, Idaho,
be and the same are hereby amended by the addi 'on thereto of
a NEW ORDINANCE, to be known and designated as rdinance No.
-ß2-, and to read as follows:
SECTION 1.
FINDINGS OF FACT
ING FLOOD LOSSES
CHAPTER 1
FINDINGS OF FACT, PURPOSE, METHODS
(a)
The flood hazard areas of City of Ea le, Ada County,
Idaho, are subject to periodic inund tion which results
in loss of life and property, health nd safety hazards,
disruption of commerce and governmen 1 services,
-1-
~)
extraordinary public expenditures for f
services, extraordinary public expendit
protection and relief, and impairment 0
all of which adversely affect the publi
and general welfare.
These flood losses are caused by natura
by the cumulative effect of structures
areas of special flood hazards which in
heights and velocities, and when such s
inadequately anchored, can damage prope
areas. Uses that are inadequately floo
or otherwise protected from flood damag
to the flood loss.
ood governmental
res for flood
the tax base,
health, safety,
forces and
ocated in
rease flood
ructures are
ty in other
proofed, elevated
also contribute
SECTION 2. STATEMENT OF PURPOSE. It is the purpose of
this ordinance to promote the public health, safe y, and general
welfare, and to minimize public and private losse due to flood
conditions in specific areas by provisions design d:
(a)
~)
(c)
(d)
(e)
(f)
To protect human life and health;
To minimize expenditure of public money for costly
flood control projects;
To minimize the need for rescue and re1 ef efforts
associated with flooding and generally ndertaken
at the expense of the general public;
To minimize prolonged business interrup ions;
To minimize damage to public facilities and utilities
such as water and gas mains, electric, elephone and
sewer lines, streets and bridges locate in areas
of special flood hazard;
To help maintain a stable tax base by p oviding for
the sound use and development of areas f special
flood hazard so as to minimize future food blight
areas;
SECTION 3. METHODS OF REDUCING FLOOD LOSSES In order
to accomplish its purposes, this ordinance inc1ud d methods
and provisions for:
(a)
Restricting or prohibiting uses which a e dangerous
to health, safety, and property due to ater or erosion
hazards, or which results in damaging i creases in
erosion or in flood heights or velociti s;
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(b)
(c)
(d)
(e)
Requiring that uses vulnerable to flood, including
facilities which serve such uses, be pr tected against
flood damage at the time of initial con truction;
Controlling the alteration of natural food plains,
stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
Controlling filling, grading, dredging
may increase flood damage; and,
nd other development
Preventing or regulating the constructi n of flood
barriers which will unnaturally divert lood waters
or which may increase flood hazards in ther areas.
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CHAPTER 2
DEFINITIONS
INTERPRETATION OF TERMS OR WO
SECTION l.
(a)
S.
Unless specifically defined below or n Article IB of Ordinance
No. 40, certain words or phrases used in this ordinance
shall be interpreted as set forth in rticle IA of
Ordinance No. 40. Any other terms or words not defined
below or in Article IB of Ordinance N . 40 shall be
interpreted so as to give them the me ning they have
in common usage and to give this ordi ance its most
reasonable application.
SECTION 2.
ordinance:
(b)
(c)
(d)
(e)
(f)
MEANING OF TEIU1S OR ,'¡ORDS.
(a)
As used in this
"Appeal" means a request for a review of the zoning
administrator's interpretation of any provision of
this ordinance.
"Area of shallow flooding" means a de ignated AO zone
in the Flood Insurance Rate Map (FIRM. The base
flood depths range from one to three eet; a clearly
defined channel does not exist; the p th of flooding
is unpredictable and indeterminate; a d, velocity
flow may be evident.
"Area of special flood hazard" means
flood plain subject to a one percent
of flooding in any given year.
he land in the
r greater chance
"Base flood" means a flood having a 0 e percent chance
of being equalled or exceeded in any iven year.
"Development" means any man-made chan
or unimproved real estate, including
to buildings or other structures, min
filling, grading, paving, excavation
located within the area of special f1
"Existing mobile home park or mobile
means a parcel (or contiguous parcels
into two or more mobile home lots for
for which the construction of facilit
the lot on which the mobile home is t
(including, at a minimum, the install
either final site grading or the pour
pads, and the construction of streets
before the effective date of this ord
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e to improved
ut not limited
ng, dredging,
r drill operations
od hazard.
orne subdivision"
of land divided
rent or sale
es for servicing
be affixed
tion of utilities,
ng of concrete
is completed
nance.
(j)
(k)
(1)
(g)
"Expansion to an existing mobile ho e park or mobile
home subdivision" means the prepara ion of additional
sites by the construction of facili ies for servicing
the lots on which the mobile homes re to be affixed
(including the installation of util'ties, either
final site grading or pouring of co crete or the
construction of streets).
(h)
"Flood" or "flooding" means a gener 1 and temporary
condition of partial or complete in dation of normally
dry land areas from:
(1)
(2)
The overflow of inland waters
The unusual and rapid accumula 'on or runoff
of surface waters from any sou e.
"Flood insurance rate map (FIRM)" m ns the official
map as is now or as may hereafter b adopted on which
the United States Department of Hous'ng and Urban
Development. Federal Insurance Admi 'stration, has
delineated both the areas of special flood hazards
and the risk premium zones applicabl to the community.
Said map is on file in the office of the City of
Eagle, is hereby referred to. adopte and made a
part of this Ordinance as if set for h in full herein.
(i)
"Flood insurance study" means the of
as is now or as may hereafter be ado
the United States Department of Hous
Development, Federal Insurance Admin
provided flood profiles. as well as
f10odway map and the water surface e
base flood. Said report is on file
of the City of Eagle, is hereby refe
and made a part of this Ordinance as
in full herein.
"Floodway" means the channel of a ri
watercourse and adjacent land areas
reserved in order to discharge the b
cumulatively increasing the water su
more than one foot.
"Habitable floor" means any floor us
purposes. which includes working, sl
cooking or recreation, or a combinat
A floor used only for storage purpos
able floor."
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icial report
ted in which
ng and Urban
stration has
he flood boundary-
evation of the
n the office
red to, adopted
if set forth
er or other
hat must be
se flood without
face elevation
ble for living
eping, eating,
on thereof.
s is not a "habit-
(n)
(0)
(p)
(m)
"Mobile home" means a structure tha is transportable
in one or more sections, built on a permanent chassis,
and designated to be used with or w thout a permanent
foundation when connected to the re uired utilities.
It does not include recreational ve icles or travel
trailers.
"New construction" means structures for which the
"start of construction" commenced 0 or after the
effective date of this ordinance.
"New mobile home park or mobile horn subdivision"
means a parcel (or contiguous parce s) or land divided
into two or more mobile home lots f r rent or sale
for which the construction of facil.ties for servicing
the lot (including, at a minimum, t einstallation
of utilities, either final site gra ing or the pouring
of concrete pads, and the construct'on of streets)
is completed on or after the effect- e date of this
ordinance.
"Start of construction" means the f' st placement
of permanent construction of a stru ure (other than
a mobile home) on a sitet such as t pouring of
slabs or footings or any work beyon the stage of
excavation. Permanent construction oes not include
land preparation such as clearing, ading and filling,
nor does it include the installatio of streets and/or
walkways; nor does it include excav ion of a basement,
footings, piers or foundations or t erection of
temporary forms; nor does it include the installation
on the property of accessory buildi St such as garages
or sheds not occupied as dwelling un'ts nor as part
of the main structure. For a struct re (other than
a mobile home) without a basement or poured footing,
the "start of construction" includes the first permanent
framing or assembly of the structure or any part
thereof on its piling or foundation. For mobile
homes not within a mobile home park r mobile home
subdivision, "start of construction" means the affixing
of a mobile home to its permanent si e. For mobile
homes within mobile home parks or mo ile home subdivisions,
"start of construction" is the date n which the
construction of facilities for servi ing the site
on which the mobile home is to be af ixed (including,
at a minimumt the construction of st eets, either
final site grading or the pouring of concrete pads,
and installation of utilities) is co pleted.
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(q)
(r)
(s)
"Structure" means a walled and roof d building, a
mobile home, or a gas or liquid sto age tank, that
is principally above ground.
"Substantial improvement" means any epair, reconstruction,
or improvement of a structure, the ost of which
equals or exceeds fifty percent (50~) of the market
value of the structure either:
(1)
Before the improvement or
or
(2)
is started,
If the structure has been dama ed and is being
restored, before the damage oc rred.
For the purposes of this definition
improvement" is considered to occur
alteration of any wall, ceiling, fl
structural part of the building co
or not that alteration affects the
of the structure. The term does no
either:
(l)
Any project for improvement of
comply with existing State or
sanitary, or safety code speci
are solely necessary to assure
or
(2)
Any alteration of a structure
National Register of Historic
Inventory of Historic Places.
"substantial
hen the first
r. or other
ences, whether
ternal dimensions
, however, include
structure to
cal health,
ications which
afe living conditions,
the
a State
"Variance" means a grant of relief om the requirements
of this ordinance which permits con ruction or a
manner that would otherwise be proh' ited by this
ordinance.
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CHAPTER 3
GENERAL PROVISIONS
SECTION l. LANDS TO WHICH THIS ORDINANC APPLIES. This
ordinance shall apply to all areas of specia flood hazards
within the jurisdiction of the City of Eagle, Ada County, Idaho.
SECTION 2. BASIS FOR ESTABLISHING THE
FLOOD HAZARDS. The areas of special flood h
by the United States Department of Housing a
Federal Insurance Administration, in a scien
report entitled "The Flood Insurance Study f
Ada County, Idaho," dated December l4, 1978,
flood insurance maps, are hereby adopted by
to be a part of this ordinance. A copy of t
study shall be maintained on file at the Eag
flood insurance maps establish the area of s
which are adopted as the overlay zone distri
AS OF SPECIAL
zard identified
d Urban Development,
ific and engineering
r the City of Eagle,
ith accompanying
eference and declared
e flood insurance
e City Hall. The
ecial flood hazards
t.
SECTION 3. COMPLIANCE. No structure 0 land shall hereafter
be constructed, located, extended, converted or altered without
full compliance with the terms of this ordin nce and other applicable
regulations.
SECTION 4. ABROGATION AND GREATER REST ICTIONS. This
ordinance is not intended to repeal, abrogat , or impair any
existing easements, covenants, or deed restr ctions. However,
where this ordinance and other ordinance, ea ement, covenant,
or deed restrictions conflict or overlap, wh chever imposes
the more stringent restrictions shall prevai .
SECTION 5. INTERPRETATION. In the int rpretation and
application of this ordinance, all provision shall be:
(a)
(b)
Considered as minimum requirements
Liberally construed in favor of th
and,
City of Eagle;
(c)
Deemed neither to limit nor repeal any other powers
granted under provisions of the I ho Code.
SECTION 6. WARNING AND DISCLAIMER OF
of flood protection required by this ordina
reasonable for regulatory purposes and is b
and engineering considerations. Larger f10
occur on rare occasions. Flood heights may
man-made or natural causes. This ordinance
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ABILITY. The degree
e is considered
ed on scientific
s can and will
e increased by
oes not imply that
land outside the area of special flood hazar
within such areas will be free from flooding
This ordinance shall not create liability on
City of Eagle, Ada County, Idaho, any office
or the United States Department of Housing a
Federal Insurance Administration, any flood
from reliance on this ordinance or any admin
lawfully made thereunder.
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s or uses permitted
r flood damages.
the part of the
or employee thereof,
d Urban Development,
amages that result
strative decision
CHAPTER 4
ADMINISTRATION
SECTION 1. ESTABLISIMENT OF DEVELOPMENT P RMIT. A develop-
ment permit shall be obtained and approved befo e a building
permit is issued for construction or developmen within any
area of special flood hazard established in cha ter 3, section
2 of this ordinance. The permit shall be for a 1 structures,
including mobile homes, and for all other devel pment including
fill and other activities, as each are defined .n chapter 2,
section 2 of this ordinance. A development pe it shall be
required for any development that could possib increase or
alter the flood hazard.
SECTION 2. CONTENTS OF APPLICATION. App ication for a
development permit shall be made on forms furn. hed by the zoning
administrator and shall include the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Plans in duplicate drawn to scale sh ing the nature,
location, dimensions and elevations f the area in
question.
Existing and proposed structures, fi 1, storage or
materials, drainage facilities and t eir location.
Elevation in relation to mean sea le e1 of the lowest
floor (including basement) of all st uctures.
Elevation in relation to mean sea
structure has been f1oodproofed.
Certification by a registered profes ional engineer
or architect that the f1oodproofing ethods for any
nonresidential structure meet the fl odproofing criteria
in chapter 5, section 9 of this ordi ance.
Description of the extent to which a y watercourse
will be altered or relocated as a re ult of proposed
development.
Any additional information required
administrator.
y the zoning
SECTION 3. REVIEW OF APPLICATIONS BY ZON NG ADMINISTRATOR.
GRANT OR DENIAL OF DEVELOPMENT PERMIT APPLICAT OMS BY COMMISSION
AND CITY COUNCIL. Upon receipt of a developme t permit application
the zoning administrator shall review the appl cation for completeness
and within ten (lO) days of the receipt of a c mp1eted application
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shall forward the application, together with al relevant documentation,
to the planning and zoning commission for furth r action in
accordance with the provisions of this ordinanc .
SECTION 4. DUTIES AND RESPONSIBILITIES OF THE COMMISSION,
CITY COUNCIL AND ZONING ADMINISTRATOR. The dut es of the commission
and city council shall include, but not be 1imi ed to:
(a)
Permit Review.
(l)
(2)
(3)
Review of all development permit applications
to determine that the permit req irements of
this ordinance have been satisfi d.
Review of all development permi
to determine that all necessary
been obtained from those federa
governmental agencies from whic
is required.
Review of development permit ap
determine if the proposed devel
in the floodway. If located in
(defined as the channel and adj
flood plain), assure that the e
provisions of chapter 5, sectio
are met.
applications
ermits have
, state or local
prior approval
lications to
ment is located
the f1oodway
cent 100 year
croachment
11 of this ordinance
Zoning
(b)
Information to Be Obtained and Maint
Administrator.
(l)
Obtain and record the actual el
to mean sea level) of the lowes
(including basement) of all new
improved structures, and whethe
ture contains a basement.
vation (in relation
habitable floor
or substantially
or not the struc-
(2)
For all new or substantially im roved floodproofed
structures:
(A)
Verify and record the actu 1 elevation (in
relation to mean sea level, and
(B)
Maintain the f1oodproofing certifications
required in chapter 5, sec ion 9(c) of this
ordinance.
-ll-
(c)
(d)
Maintain for public inspect.on all records
pertaining to the provisio of this ordinance.
Alteration of Watercourses.
Notify adjacent communities and
of water resources prior to any
relocation of a watercourse, an
of such notification to the Fed
Management Agency.
Require that maintenance is pro ided within the
altered or relocated portion of said watercourse
so that the flood carrying capa ity is not dimenished.
(C)
(l)
(2)
Interpretation of FIRM Boundaries.
(1)
Make interpretations where need
location of the boundaries of t
flood hazards (for example, whe
to be a conflict between a mapp
actual field conditions). Any
the location of the boundary sh
reasonable opportunity to appea
as provided in chapter 4, secti
SECTION 5. APPROVAL OF DEVELOprmNT PERMI
AND CITY COUNCIL.
(a)
(b)
Within thirty (30) days from the rec
app1icationJ the commission shall sc
hearing to consider the development
Such public hearing and notice there
with the notice and hearing procedur
section 67-6509, Idaho Code.
The commission, within fifteen (15)
date, shall forward the application
its recommendation for approval, con
or denial together with the reasons
city council.
(c)
The city council, within fifteen (15
receipt of the recommendation from t
shall schedule a public hearing in a
the provisions of 67-6509, Idaho Cod
consider the application. Following
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he Idaho department
1teration or
submit evidence
al Emergency
d, as to exact
e areas of special
e there appears
d boundary and
erson contesting
II be given a
the intepretation
7 of this ordinance.
BY COMMISSION
ipt of a completed
edu1e a public
ermit application.
f to be in accordance
s provided in
ays of the hearing
ogether with
itiona1 approval
herefor to the
days of the
e commission,
cordance with
, to further
the public hearing,
(d)
the council shall review the app1ica
forty-five (45) days of such review,
with modification or reverse the dec
commission. The decision of the cit
be in writing and accompanied by a s
form of findings of fact and conclus
explain the criteria and standards c
state the facts relied upon and exp1
for the decision based upon the crit
and facts as set forth.
Following the decision of the city c
together with attachments and the de
city council shall be returned to th
who shall return one copy of the app
decision together with those items r
4, section 2 of this ordinance to th
having marked such copy either as ap
and attested to the same by his sign
copy. One copy of the complete appl
similarly marked, shall be retained
administrator. The zoning administr
a placard to be posted in a conspicu
the property in question, attesting
the use or alteration is in conforma
provisions of this ordinance.
ion and, wi thin
affirm, affirm
sion of the
council shall
atement in the
ons of law that
nsidered relevant,
in the justification
ria, standards
uncil, the application
ision of the
zoning administrator
ication and
quired by chapter
applicant after
roved or disapproved
ture on such
cation and decision,
y the zoning
tor shall issue
us place on
0 the fact that
ce with the
SECTION 6. STANDARDS FOR REVIEW OF APPLI ATIONS BY COMMISSION
AND CITY COUNCIL.
(a)
In its review of applications for de
the commission and city council ahal
technical evaluations and all releva
standards specified in other section
and:
elopment permits
consider all
t factors and
of this ordinance
The danger that materials may b swept onto
other lands to the injury of ot erSj
The danger to life and property due to flooding
or erosion damage;
(1)
(2)
The susceptibility of the propo ed facility
and its contents to flood damag and the effect
of such damage on thß individua owner;
The importance of the services rovided by the
proposed facility to the commun tYj
(3)
(4)
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(5)
(6)
(7)
(8)
(9)
(10)
(ll)
The necessity to the facility of a waterfront
location, where applicable;
The availability of alternative ocations, for
the proposed use which are not s bject to flooding
or erosion damage;
The compatibility of the propose
and anticipated development;
The relationship of the propose
hensive plan and flood plain ma
for that area;
use with existing
use to the compre-
gement program
The safety of access to the prop rty in times
of flood for ordinary and emerg cy vehicles;
The expected heights, velocity,
of rise, and sediment transport
waters and the effects of wave
expected at the site; and,
The costs of providing governme
during and after flood conditio
maintenance and repair of publi
facilities such as sewer, gas,
water systems, and streets and
uration, rate
f the flood
tion, if applicable,
tal services
, including
utilities and
lectrical, and
idges.
SECTION 7. EXPIRATION OF DEVELOPMENT PE IT. If the work
described in the development permit has not be n within one
(1) year from the date of issuance thereof, sa'd permit shall
expire and shall be revoked by the city counci and written
notice thereof shall be given to the persons a fected.
SECTION 8. APPEAL FROM DECISION OF THE C
Any person aggrieved by a decision of the city
granting or denial of a development permit may
to the district court in accordance with the p
67-5215, Idaho Code.
SECTION 9.
TY COUNCIL.
council in its
appeal such decision
ovisions of section
APPLICATIONS FOR AND CONDITIO S FOR VARIANCES.
A variance from the terms of this or
not be granted unless and until a wr
for a variance is submitted to the z
containing the data required by Arti
E, Ordinance No. 40, as amended, and
(a)
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inance shall
tten application
ning administrator
le XV, Section
a narrative statement
(b)
(c)
(d)
(e)
(f)
(g)
demonstrating the requested variance
items contained in chapter 4, sectio
(11) of this ordinance.
as mitigated
7(d)(1) through
The Eagle Planning and Zoning Commiss.on and the Eagle
City Council shall follow the notice nd hearing procedures
outlined in Section G, Article XV, Or inance No. 40,
as amended, and action requirements 0 tlined in Section
H, Article XV, Ordinance No. 40, as ended.
Generally, variances may be issued f
and substantial improvements to be e
of one-half acre or less in size con
surrounded by lots with existing str
below the base flood level, providin
in chapter 4, section 7(d)(l) throug
ordinance have been fully considered.
size increases beyond the one-half a
technical justification required for
increases.
Upon consideration of the factors co
4, section 7(d)(1) through (11) of t
relevant items in Article XV, Ordina
amended, and the purposes of this or
council may approve, disapprove, or
by attaching such conditions to the
as it deems necessary to further the
ordinance.
new construction
cted on a lot
.guous to and
tures constructed
the items contained
(11) of this
As the lot
e size, the
issuing the variance
tained in chapter
is ordinance,
ce No. 40, as
inance, the city
y approve conditionally
anting of variances
urposes of this
The zoning administrator shall maint in the records
of all variances and report any vari ces to the United
States Department of Housing and Urb Development,
Federal Insurance Administration upo request.
Variances may be issued for the reco
or restoration of structures listed
Register of Historic Places or the S
of Historic Places, without regard t
set forth in the remainder of this s
struction, rehabilitation
n the National
ate Inventory
the procedures
ction.
Variances shall not be issued within any designated
floodway if any increase in flood Ie els during the
base flood discharge would result.
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(h)
(i)
(j)
Variances shall only be issued upon
that the variance is the minimum nec
the flood hazard, to afford relief.
Variances shall only be issued upon:
(1)
(2)
A showing of good and sufficien
A determination that failure to
would result in exceptional har
and,
A determination that the granti
will not result in increased fl
threats to public safety, extra
expense, create nuisances, caus
victimization of the public as .
items contained in chapter 4, s
through (II) of this ordinance,
existing local laws or ordinanc
Any applicant to whom a variance is
be given written notice that the str
permitted to be built with the lowes
below the base flood elevation and t
insurance will be commensurate with
risk resulting from the lowest floor
(3)
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determination
sary, considering
cause;
rant the variances
hip to the applicant;
of a variance
d heights, additional
dinary public
fraud on or
entified in
tion 7(d)(1)
r conflict with
s.
anted shall
cture will be
floor elevation
e cost of flood
e increased
elevation.
CHAPTER 5
PROVISIONS FOR FLOOD HAZARD REDUCT ON
SECTION 1. GENERAL STANDARDS. In all are s of special
flood hazards the standards as set forth in thi chapter shall
be required.
SECTION 2.
ANCHORING.
(a)
(b)
(c)
All new construction and substantial mprovements
shall be anchored to prevent flotatio , collapse or
lateral movement of the structure.
All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by prov ding over-the-
top and frame ties to ground anchors. Specific require-
ments shall be that:
(1)
(2)
(3)
(4)
Over-the-top ties be provided at
four corners of the mobile home,
ties per side at intermediate 10
mobile homes less than 50 feet 1
one additional tie per side;
each of the
with two additional
ations, with
ng requiring
Frame ties be provided at each c rner of the
home with five additional ties p r side at intermediate
points, with mobile homes less t an 50 feet long
requiring four additional ties p r side;
All components of the anchoring
of carrying a force of 4,800 po
Any additions to the mobile horn
anchored.
ystem be capable
ds; and,
be similarly
An alternative method of anchoring m
designed to withstand a wind force 0
hour or greater. Certification must
the zoning administrator that this s
met.
involve a system
90 miles per
e provided to
andard has been
SECTION 3.
CONSTRUCTION MATERIALS AND ME
All new construction and substantial improvements
shall be constructed with materials nd utility equipment
resistant to flood damage.
All new construction and substantial improvements
shall be constructed using methods a d practices that
minimize flood damage.
(a)
(b)
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SECTION 4.
UTILITIES.
(a)
(b)
(c)
(d)
All new and replacement water supply ystems shall
be designed to minimize or eliminate. filtration
of flood waters into the system;
New and replacement sanitary sewage s stems shall
be designed to minimize or eliminate nfi1tration
of flood waters;
On-site waste disposal systems shall e located to
avoid impairment to them or contamina ion from them
during flooding; and
All sewer and water systems shall be pproved by District
Health Department of the Idaho Depart ent of Health
and Welfare.
SECTION 5.
SUBDIVISION PROPOSALS.
(a)
(b)
All subdivision proposals shall be co sistent with
the need to minimize flood damage;
All subdivision proposals shall have ublic utilities
and facilities such as sewer, gas, el ctrical, and
water systems located and constructed to minimize
flood damage;
(c)
(d)
All subdivision proposals shall have
provided to reduce exposure to flood
Base flood elevation data shall be p
proposals and other proposed develop
at least 50 lots on 5 acres (whichev
dequate drainage
amage; and
vided for subdivision
nt which contain
is less).
ere elevation
g permits shall
n will be reasonably
is a local judgment
marks, photographs
s, where applicable.
eas of special
as been provided
dinance, the
hrough 11 of
SECTION 6. REVIEW OF BUILDING PERMITS.
data is not available, applications for bui1di
be reviewed to assure that proposed constructi
safe from flooding. The test of reasonab1enes
and includes use of historical data, high wate
of past flooding, and any other relevant facto
SECTION 7. SPECIFIC STANDARDS. In all a
flood hazards where base flood elevation data
as set forth in chapter 3, section 2 of this 0
provisions contained in chapter 5, sections 8
this ordinance shall be required.
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SECTION 8. RESIDENTIAL CONSTRUCTION. New construction
and substantial improvement of any residential tructure shall
have the lowest floor, including basement, elev ted to a minimum
of one (l) foot above the elevation of the lOa ear flood level.
Be floodproofed so that below the bas
the structure is watertight with wall
impermeable to the passage of water;
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
SECTION 9. NONRESIDENTIAL CONSTRUCTION.
and substantial improvement of any commercial,
other nonresidential structure shall either hav
floor, including basement, elevated to the 1eve
flood elevation; or, together with attendant ut
facilities, shall:
(a)
(b)
ew construction
ndustria1or
the lowest
of the base
lity and sanitary
flood level
substantially
Be certified by a registered professi na1 engineer
or architect that the standards of th s subsection
are satisfied. Such certifications s all be provided
to the zoning administrator as set fo th in chapter
4, section 4(b)(2)(B) of this ordinan e.
Mobile homes shall be anchored in acc rdance with
chapter 5, section 2 of this ordinanc .
For new mobile home parks and mobile ome subdivisions;
for expansions to existing mobile ho parks and mobile
home subdivisions; for existing mobi home parks
and mobile home subdivisions where t repair, reconstruction
or improvement of the streets, utili °es and pads
equals or exceeds 50 percent of the 1ue of the streets,
utilities and pads before the repair, reconstruction
or improvement has commenced; and fo mobile homes
not placed in a mobile home park or obi1e home subdivision,
require that:
(c)
SECTION 10.
MOBILE HOMES.
(a)
~)
(1)
Stands or lots are elevated on
or on pilings so that the lowes
mobile home is elevated to ami
foot above the elevation of the
level;
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ompacted fill
floor of the
imum of one (1)
100 year flood
(c)
(2)
Adequate surface drainage and ac ess for a hauler
are provided; and,
(3)
In the instance of elevation on
(A)
(B)
Lots are large enough to pe
ilings, that:
it steps;
Piling foundations are plac d in stable
soil no more than ten (10) eet apart, and,
Reinforcement is provided f r pilings more
than six feet above the gro nd level.
(C)
No mobile home shall be placed in a f oodway, except
in an existing mobile home park or ex sting mobile
home subdivision.
SECTION 11. FLOODWAYS. Located within ar
flood hazard established in chapter 3, section
are areas designated as floodways. Since the f
extremely hazardous area due to the velocity of
which carry debris, potential projectiles, and
the following provisions apply:
(a)
Encroachments, including fill, new co
tial improvements, and other developm
cation by a registered professional e
is provided demonstrating that encroa
not result in any increase in flood 1
the occurrence of the base flood disc
as of special
of this ordinance,
oodway is an
flood waters
rosion potential,
struction, substan-
nt unless certifi-
gineer or architect
hments shall
vels during
arge is prohibited.
If subparagraph (a), above, is satisf ed, all new
construction and substantial improvem nts shall comply
with all applicable flood hazard redu tion provisions
of chapter 5 of this ordinance.
The placement of any mobile homes, ex ept in an existing
home park or existing mobile home sub ivision, is
prohibited.
(b)
(c)
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CHAPTER 6
ENFORCEMENT
SECTION l.. FAILURE TO OBTAIN A DEVELOPMEN PERMIT. Failure
to obtain a development permit shall be a viola ion of this
ordinance.
SECTION 2. CONSTRUCTION AND USE TO BE AS
TIONS, PLAN AND PERMITS. Development permits i
basis of plans and applications approved by the
tor authorize only the use, and arrangement, se
approved plans and applications or amendments t
other use, arrangement or construction. Use, a
construction contrary to that authorized shall
of this ordinance.
ROVIDED IN APPLICA-
sued on the
zoning administra-
forth in such
ereto, and no
rangement or
e deemed a violation
. Whenever
ged to have
t. Such complaint
be filed with
tor shall properly
nd take action
SECTION 3. COMPLAINTS REGARDING VIOLATION
a violation of this ordinance occurs, or is all
occurred, any person may file a written complai
stating fully the causes and basis thereof shal
the zoning administrator. The zoning administr
record such complaint, immediately investigate
thereon as provided by this ordinance.
SECTION 4. PENALTIES. The provisions of his ordinance
shall be enforceable, and any violation of this ordinance shall
be punishable as set forth in article XVI, Eagl City Ordinance
No. 40, as amended.
SECTION 5. SCHEDULE OF FEES, CHARGES AND
city council by resolution shall establish a sc
charges and expenses and a collection procedure
permits, amendments, appeals, variances, plan a
other matters pertaining to the administration
of this ordinance requiring investigation, insp
advertising, postage and other expenses. The s
shall be posted in the office of the zoning ad
may be altered or amended only by the city coun
applicable fees, charges, and expenses have bee
no action shall be taken on any application or
SECTION 6. SEVERABILITY. The provisions
are hereby declared to be severable and if any
this ordinance or the application of such provi
or circumstance is declared invalid for any re
shall not affect the validity of the remaining
ordinance.
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XPENSES. The
edule of fees
for development
provals and
nd enforcement
ction, legal
hedu1e of fees
nistrator, and
i1. Until all
paid in full,
ppea1.
f this ordinance
rovisions of
ion to any person
on, such declaration
ortions of this
SECTION 7. EFFECTIVE DATE. ~his ordinance shall become
effective upon its passage, approval and publica ion in the
manner provided by law.
PASSED by the City Council and APPROVED by
14th day of December, 1982.
he Mayor this
ATTEST:
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