11-08-01: GENERAL PROVISIONS:

   1.   Chapter Purpose:

      A.   The flood hazard areas of Boise City, Idaho, are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      B.   Flood losses are caused by natural forces and construction practices which increase flood heights and velocities, and by structures which are inadequately anchored and which may damage property in other areas. Uses that are inadequately flood-proofed, elevated or otherwise unprotected from flood damage also contribute to flood losses.

      C.   It is the purpose of this chapter to promote 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 expenditures of public money and costly flood control projects;

         (3)   To minimize the need for rescue and relief efforts associated with flooding which are 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; and streets and bridges located in Areas of Special Flood Hazard;

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

         (7)   To ensure that potential buyers are notified when property is in an Area of Special Flood Hazards; and

         (8)   To ensure that those who occupy the Areas of Special Flood Hazard assume responsibility for their actions.

   2.   Methods Of Reducing Flood Losses: This chapter describes guidelines and provisions for:

      A.   Restricting or prohibiting redevelopment that is dangerous to health, safety, and property due to water or erosion hazards, or which resulting damaging increases in erosion or in flood heights or velocities;

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

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

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

      E.   Preventing or regulating the construction of flood barriers which will unnaturally divert flood water or may increase flood hazards in other areas.

   3.   Applicability: The provisions of this chapter shall apply to all areas of special flood hazard, within the jurisdiction of Boise City, and as such lands are identified, within the Floodway, Floodway Fringe, or the Area of Shallow Flooding. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Ada County, Idaho, and Incorporated Areas" dated June 19, 2020, with accompanying Flood Insurance Rate Maps, and flood profiles, along with all subsequent amendments which are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Maps are on file with the Boise City Planning Director, Boise City Planning and Development Services Director, and the Boise City Engineer, Department of Public Works.

   4.   Creation Of Zones: The Floodway Zone, the Floodway Fringe (FF) Zone and Area of Shallow Flooding (ASF) Zone: The Floodway zone, the Floodway Fringe Zone and Area of Shallow Flooding Zone are hereby created and shall have the boundaries as defined in this chapter (Section 11-08-09) and shall have the requirements as set forth in this chapter.

   5.   Exclusions: Upon issuance of a Letter of Map Amendment or Letter of Map Revision, from FEMA, such land shall be deemed to be automatically excluded from the Floodway, Floodway Fringe and Area of Shallow Flooding.

   6.   Compliance: All development within the Area of Special Flood Hazard (ASFH) shall be undertaken in full compliance with this chapter. Enforcement of violations shall be in accordance with Section 11-1-01-8.

   7.   Abrogation And Greater Restrictions: The provisions of this chapter shall be in addition to, and shall not be deemed to repeal, abrogate, or impair any other ordinance, regulation, easement, covenant or deed restriction. In the event that the provisions of this and any other ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever has the more restrictive requirements shall control.

   8.   Severability: Each section, clause, and provision of this Code is declared severable as per Section 11-01-06.

   9.   Interpretation: All of the provisions of this chapter shall be liberally construed in favor of the governing body and shall not be deemed to limit or repeal any other powers granted under state statutes.

   10.   Warning And Disclaimer: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased due to artificial or natural causes. This chapter does not imply that lands outside the identified areas of special flood hazard will be free from flooding or flood damages or that uses permitted within the identified areas of special flood hazard will be free from flooding or flood damages. This chapter shall not create liability on the part of Boise City, or any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (amd. Ord. 15-20, 5-12-2020)