A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Chubbuck. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by title 18 of this code.
B. Basis For Special Flood Hazard Areas:
1. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report title “Flood Insurance Study (FIS) for Bannock County and Incorporated Areas,” dated July 22, 2020, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the office of the City Clerk at the Chubbuck City Hall.
2. The city has obtained more restrictive flood hazard information than shown on the FIRMs or FIS identified by Harper-Leavitt Consulting Engineers entitled “Flood Potential Study (For) Little Pocatello Creek” dated April 20, 1999. The city will utilize this information for regulatory purposes until this study is updated. A copy of said studies shall be kept on file by the City Clerk and be available for examination by the general public.
C. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 15.54.030.B.
D. Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this chapter and other applicable regulations.
E. Abrogation And Greater Restrictions: This chapter shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, and the like. However, where this chapter and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
F. Interpretation: In the interpretation and application of this chapter all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Warning And Disclaimer Of Liability: 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. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Chubbuck or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder.
H. Penalties For Violation:
1. No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations.
2. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than an amount allowed by the State of Idaho for a misdemeanor violation or imprisoned for not more than one hundred eighty (180) days, or a combination thereof. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Chubbuck from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 815 § 2, 6-3-2020)