A. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 9-4-6 of this chapter. The permit shall be for all structures including manufactured homes, as set forth in the section 9-4-2, and for all development as also set forth in section 9-4-2 of this chapter.
B. Applications For Development Permit: Applications for a development permit shall be made on forms provided by the city clerk's office. Specifically, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meets the floodproofing criteria in subsection 9-4-5B2 of this chapter; and
4. Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development.
C. Review Of Application For Permit: The city clerk is appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction or development. The clerk is also to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. In addition, the duties of the clerk shall include, but not be limited to:
1. Permit Review:
a. After reviewing the application, the clerk shall require any additional measures which are necessary to meet the minimum requirements of this chapter.
b. The clerk shall review all development proposals to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 9-4-5C of this chapter are met.
2. Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with section 9-4-6 of this chapter, the clerk shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections 9-4-5B and 9-4-5C of this chapter.
3. Information To Be Obtained And Maintained:
a. Where base flood elevation data is provided through the flood insurance study or required as in subsection C2 of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures:
(1) Verify and record the actual elevation (in relation to mean sea level); and
(2) Maintain the floodproofing certifications required in subsection B3 of this section.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration Of Watercourses:
a. Notify adjacent communities and the Idaho department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. Variance Procedure:
a. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.
b. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the clerk in the enforcement or administration of this chapter.
c. Those aggrieved by the decision of the city council may appeal such decision to the court after all administrative remedies have been exhausted.
d. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, and the standards specified in other sections of this chapter.
e. Upon consideration of the factors and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
f. The clerk shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request.
6. Conditions For Variance:
a. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
b. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
c. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) 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, or conflict with existing local laws or ordinances.
d. Variances, as interpreted in the national flood insurance program, are based upon the general zoning law principal 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. (Ord. 380, 6-4-1987)