A. Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of the City of Hailey. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by this title.
B. Basis For Special Flood Hazard Areas:
1. Special Flood Hazard Areas Adopted By Reference: The special flood hazard areas identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS) for Blaine County, Idaho and Incorporated Areas, dated November 26, 2010, 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 article. The FIS and the FIRM are on file at the Office of the Community Development Department at 115 Main Street South, Hailey, Idaho. The DFIRM is available on Blaine County's website at: http://maps.co.blaine.id.us/jsapi/ParcelInfoMap.html.
2. Floodway And Floodplain Regulations: The Flood Hazard Overlay District is divided into two (2) subdistricts, the Floodway Subdistrict and the Floodplain Subdistrict. The boundaries of these subdistricts are indicated on the FIRM(s).
3. Boundaries: The precise boundaries of the Floodway and Floodplain Subdistrict boundaries may be determined by on site elevations as interpreted from the adopted flood insurance study. Interpretations of the elevation information can result in a floodplain/floodway area greater than that depicted on the FIRMs. The floodplain/floodway areas cannot be less than the area depicted on the FIRMs unless changed by a Letter of Map Revision (LOMR). All land within the external boundary of the Floodplain Subdistrict shall be considered to be within the floodplain and all land within the external boundary of the Floodway Subdistrict shall be considered to be within the floodway, and governed by the provisions of this district.
C. Floodplain Development Permit Requirement: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard area. Table 1 of this section outlines the types of permits that are required for specific types of activities and which standards are applicable to those activities. Examples provided under each activity type are intended to be illustrative in nature and are not an exhaustive list of possible actions for that activity type. Please consult the Floodplain Administrator for additional information.
City of Hailey TABLE 1
CITY OF HAILEY FLOODPLAIN DEVELOPMENT PERMIT (FPDP) MATRIX
Activity | No FPDP Required | FPDP Required | Applicable Development Standards In This Article1 | |||
RAD2 Allowed | Non-Substantial FPDP | Substantial FPDP | ||||
Activity | No FPDP Required | FPDP Required | Applicable Development Standards In This Article1 | |||
RAD2 Allowed | Non-Substantial FPDP | Substantial FPDP | ||||
Does not meet definition of "development". Examples: | X | None | ||||
Appliance repair | ||||||
Farming/vegetable gardening | ||||||
House painting | ||||||
Lawn maintenance | ||||||
Re-roofing | ||||||
Weeding | ||||||
Meets definition of "development", but scope or work is de minimis in nature. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Construction of a chicken coop | 17.04J.060A1 - A3, A7, A9, A10, A11, A18, and B7 | |||||
Installation of flag pole or mail box | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor driveway repair | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor earthwork project | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor remodel/repair | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Meets definition of "development", but does not approach substantial improvement and is unlikely to affect BFE3. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Construction of detached accessory structure | 17.04J.060A1 - A7, A9 - A18 and B7 | |||||
Installation of a storage tank | 17.04J.060A1 - A7, A9 - A18 and B8 | |||||
Moderate remodel | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Moderate residential addition | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Storage of RV on site | 17.04J.060B5 | |||||
Temporary non-residential structure | 17.04J.060A1 - A7, A9 - A18 and B6 | |||||
Meets definition of "development", "new construction", "substantial improvement/damage" or has the potential to affect the BFE3. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
New commercial building | 17.04J.060A1 - A7, A9 - A18, B2, and B9 | |||||
New residential building | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Residential substantial damage | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Residential substantial improvement | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Involves "development" in the floodway or below the mean high water mark | X | 17.04J.060A, "General Standards", B, "Specific Standards", and 17.04J.070, "City Issued Stream Alteration Permit" | ||||
Subdivisions | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Notes:
1. Additional standards may apply, depending on actual scope of work.
2. Administrative procedure of review, assess and document.
3. Base flood elevation.
1. The term "development" shall not apply to routine maintenance of existing, permitted, vegetative landscaping that does not alter topography or to isolated cosmetic building maintenance projects that do not constitute substantial improvement, such as:
a. Mowing or cutting of weeds, trees and other nuisance growth, except in the riparian setback as regulated by subsection 17.04J.040B4e of this article;
b. Lawn maintenance activities, such as mowing, fertilizing and weed control;
c. Pulling of weeds;
d. General farming, pasture, horticultural activities, and forestry that do not involve any clearing/grubbing of an area;
e. Planting of seeds, and plants from one gallon or smaller containers;
f. Raking, sweeping, leaf blowing and other seasonal yard clean- up activities;
g. House painting, interior or exterior, not in conjunction with a larger remodel project;
h. Roofing material replacement, not in conjunction with a larger remodel project; and
i. Appliance repair.
2. All applications for a floodplain development permit for a subdivision shall be evaluated and approved or denied by the commission and Council at the same time as the preliminary and final plat applications, in accordance with the subdivision ordinance.
3. All other floodplain development permit applications, with the exception of stream alteration permits, shall be evaluated and approved or denied by the Floodplain Administrator. At the Floodplain Administrator's discretion, minor projects, that do not alter existing topography or flood carrying capacity, are not candidates for substantial improvement and/or do not involve replacement of utilities, may be permitted through an expedited review, assess and document (RAD) process. Said documentation shall be maintained by the jurisdiction in perpetuity.
4. Stream alteration permits shall be considered by the commission per the requirements of section 17.04J.070, "City Issued Stream Alteration Permit", of this article.
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 article and other applicable regulations.
E. Repeal And Greater Restrictions: This article 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, etcetera. However, where this article and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
F. Interpretation: In the interpretation and application of this article 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 article 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, such as ice jams, increased bedload in the river and bridge openings restricted by debris. This article 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 article shall not create liability on the part of City of Hailey or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder. Each and every licensed real estate agent, salesperson and broker, and each and every private party who offers for sale a parcel of real property and/or structure for sale within the Flood Hazard Overlay District shall provide the prospective purchaser with notice that the real property and/or structure is located within the Flood Hazard Overlay District and that it is subject to all applicable regulations of this Code.
H. Penalties For Violation: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) or imprisoned for not more than one hundred eighty (180) days, or both. Each day the violation continues shall be considered a separate offense. All enforcement provisions of chapter 17.15 of this title shall be applicable to any violation of this article. Nothing herein contained shall prevent the City of Hailey from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 1234, 2018)