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Hailey Overview
Hailey, ID Code of Ordinances
CITY CODE OF HAILEY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 VOTER ADOPTED INITIATIVES
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13 PUBLIC SERVICES
TITLE 14 ANNEXATION PROCEDURES
TITLE 15 BUILDINGS AND CONSTRUCTION
TITLE 16 SUBDIVISION REGULATIONS
TITLE 17 ZONING REGULATIONS
CHAPTER 17.01 PURPOSE, TITLE AND INTERPRETATION
CHAPTER 17.02 DEFINITIONS
CHAPTER 17.03 ADMINISTRATION
CHAPTER 17.04 ESTABLISHMENT, PURPOSES AND USES WITHIN ZONING DISTRICTS
CHAPTER 17.05 OFFICIAL ZONING MAP AND DISTRICT USE MATRIX
CHAPTER 17.06 DESIGN REVIEW
CHAPTER 17.07 SUPPLEMENTARY LOCATION AND BULK REQUIREMENTS
CHAPTER 17.08 SUPPLEMENTARY REGULATIONS
CHAPTER 17.09 PARKING AND LOADING SPACES
CHAPTER 17.10 PLANNED UNIT DEVELOPMENTS
CHAPTER 17.11 CONDITIONAL USE PERMITS
CHAPTER 17.12 VARIANCES
CHAPTER 17.13 NONCONFORMING USES AND BUILDINGS
CHAPTER 17.14 AMENDMENT
CHAPTER 17.15 ENFORCEMENT
TITLE 18 MOBILITY DESIGN
ORDINANCE LIST
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17.04J.050: ADMINISTRATION:
   A.   Designation Of Floodplain Administrator: The Community Development Department Director, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article.
   B.   Duties And Responsibilities Of The Floodplain Administrator: The Floodplain Administrator shall perform, but not be limited to, the following duties:
      1.   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas, but outside the floodway, to assure that the requirements of this article have been satisfied, that the proposed development is reasonably safe from flooding, and to make recommendations to approve, conditionally approve or deny any floodplain development permits according to the procedures set forth in this article.
      2.   Review all stream alteration permit applications per the provisions set forth in section 17.04J.070, "City Issued Stream Alteration Permit", of this article.
      3.   Review all proposed development within special flood hazard areas to assure that all necessary local, State, and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334, Idaho Department of Water Resources stream channel alteration permits, and documentation of sections 9 and 10 of the Federal Endangered Species Act, if applicable.
      4.   Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
      5.   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.
      6.   Enforce regulations pertaining to encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 17.04J.060E, "Standards For Floodways", of this article are met.
      7.   Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
      8.   Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
      9.   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
      10.   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsection C3, "Certification Requirements", of this section and subsection 17.04J.060B2, "Non-Residential Construction", of this article.
      11.   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or flood fringe areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
      12.   When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data or flood fringe area data available from a Federal, State, or other source developed using current Federal engineering standards and practices, including data developed pursuant to subsection 17.04J.060C2 of this article, in order to administer the provisions of this article.
      13.   When base flood elevation (BFE) data is provided but no floodway or flood fringe area data has been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any floodway data or flood fringe area data available from a Federal, State, or other source in order to administer the provisions of this article.
      14.   Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
      15.   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
      16.   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
      17.   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
      18.   Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
      19.   Follow through with corrective procedures of subsection D, "Corrective Procedures", of this section.
      20.   Review, provide input, and make recommendations for variance requests.
      21.   Maintain a current map repository to include, but not limited to, the FIS report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of the community's mapping needs.
      22.   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
      23.   In certain instances, there may be the need for expert review by a third party of the technical data submitted by the applicant. It shall be at the sole discretion of the Floodplain Administrator to determine whether such review is required. Such technical review shall be paid for by the applicant. The applicant shall pay the City the estimated cost of the expert review prior to further processing of the application by the City. If additional costs are incurred, the applicant shall pay those prior to issuance of a floodplain development permit.
   C.   Floodplain Development Application, Permit, And Certification Requirements:
      1.   Application Requirements: Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
         a.   One full-sized paper and one electronic copy of all submittal materials including a completed and signed application form.
         b.   A plot plan, drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
            (1) Topographic and physical features, including:
               (A) The existing contours with intervals of one foot (1') or less of the elevation of the entire property;
               (B) The proposed contours with intervals of one foot (1') or less of the elevation of the entire property; and
               (C) The location, dimensions and elevations (measured from mean sea level) of the proposed improvements, including buildings, structures, fill, drainage facilities, driveways and streets;
            (2) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
            (3) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article or a statement that the entire lot is within the special flood hazard area;
            (4) The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
            (5) The boundary of the floodway(s) or flood fringe area(s) as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
            (6) The base flood elevation (BFE) where provided as set forth in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", 17.04J.030C, "Floodplain Development Permit Requirement", or 17.04J.060C, "Standards For Floodplains Without Established Base Flood Elevations", of this article;
            (7) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
            (8) The certification of the plot plan by a registered land surveyor or professional engineer for all new construction and as determined necessary by the Floodplain Administrator.
         c.   Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
            (1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
            (2) Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
            (3) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
         d.   If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
         e.   A foundation plan, drawn to scale and stamped by a design professional, licensed in the State of Idaho, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:
            (1) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
            (2) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 17.04J.060A6b(1) through A6b(6) of this article when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
         f.   Usage details of any enclosed areas below the lowest floor.
         g.   Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
         h.   Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.
         i.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 17.04J.060B5 and B6 of this article are met.
      2.   Permit Requirements: The floodplain development permit shall include, but not be limited to:
         a.   A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving, excavation or storage of equipment or materials, etcetera).
         b.   The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article.
         c.   The flood protection elevation required for the lowest floor and all attendant utilities.
         d.   The flood protection elevation required for the protection of all public utilities.
         e.   All certification submittal requirements with timelines.
         f.   A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.
         g.   The flood openings requirements, if in Zones A, AE, AH, AO, or A1-30.
         h.   All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
         i.   A statement of the limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only).
         j.   A statement that all building materials below BFE/FPE must be flood resistant materials.
      3.   Certification Requirements:
         a.   Elevation Certificates:
            (1) A Construction Drawings Elevation Certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction, addition of living space or substantial improvement. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
            (2) A Building Under Construction Elevation Certificate (FEMA Form 86-0-33) is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
            (3) A final as-built Finished Construction Elevation Certificate (FEMA Form 86-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
         b.   Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
         c.   Foundation Certification: If a manufactured home is placed within Zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 17.04J.060B3b of this article.
         d.   Certification Exemptions: The following structures, if located within Zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in subsections C3a and C3b of this section:
            (1) Recreational vehicles meeting requirements of subsection 17.04J.060B5a of this article;
            (2) Temporary structures meeting requirements of subsection 17.04J.060B6 of this article; and
            (3) Accessory structures less than two hundred (200) square feet meeting requirements of subsection 17.04J.060B7 of this article.
      4.   Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the building official, shall:
         a.   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
         b.   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
         c.   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
         d.   Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Building Code and this article is required.
   D.   Corrective Procedures:
      1.   Violations To Be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the property owner of the violation. Notification shall be mailed to the property owner, and said owner shall remedy each of the violations of law cited in such notification within the timeframe noted in the notification document. If the violation is not remedied within the required timeframe, a second notification shall be mailed, informing the owner of the date on which a citation shall be issued, per chapter 17.15, "Enforcement", of this title.
      2.   Appeal: Appeals shall be subject to the provisions of section 17.03.050, "Appeals", of this title.
      3.   Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Governing Body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. The provisions of subsection 17.04J.030H, "Penalties For Violation", of this article, shall apply.
   E.   Variance Procedures:
      1.   Requests for variances shall be subject to the requirements of this subsection E, and shall also be subject to the provisions of chapter 17.12, "Variances", of this title.
      2.   Variances may be issued for:
         a.   The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
         b.   Functionally dependent facilities, if determined to meet the definition as stated in section 17.04J.020, "Definitions", of this article, provided provisions of subsections E8b, E8c and E8e of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
         c.   Any other type of development, provided it meets the requirements of this article.
      3.   In passing upon variances, the authorizing body shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:
         a.   The danger that materials may be swept onto other lands to the injury of others;
         b.   The danger to life and property due to flooding or erosion damage;
         c.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         d.   The importance of the services provided by the proposed facility to the community;
         e.   The necessity to the facility of a waterfront location as defined under section 17.04J.020, "Definitions", of this article as a functionally dependent facility, where applicable;
         f.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
         g.   The compatibility of the proposed use with existing and anticipated development;
         h.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
         i.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         j.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
         k.   The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
      4.   The applicant shall include a written report addressing each of the above factors in subsections E3a through E3k of this section with their application for a variance.
      5.   Upon consideration of the factors listed above and the purposes of this article, the authorizing body may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this article.
      6.   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
      7.   The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of Idaho upon request.
      8.   Conditions for variances are as follows:
         a.   Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
         b.   Variances shall not be issued within any designated floodway or flood fringe area if the variance would result in any increase in flood levels during the base flood discharge.
         c.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
         d.   Variances shall only be issued prior to development permit approval.
         e.   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; and
            (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      9.   A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met.
         a.   The use serves a critical need in the community.
         b.   No feasible location exists for the use outside the special flood hazard area.
         c.   The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.
         d.   The use complies with all other applicable Federal, State and local laws.
      10.   The City of Hailey will notify the State NFIP Coordinator of the Idaho Department of Water Resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
      11.   Any person aggrieved by the decision of the authorizing body may appeal such decision to the court, as provided in Idaho Code 67-6535. (Ord. 1234, 2018)
17.04J.060: STANDARDS FOR DEVELOPMENT IN THE SPECIAL FLOOD HAZARD AREA:
   A.   General Standards: In all special flood hazard areas the following provisions are required:
      1.   All new construction, substantial improvements, and development, including manufactured homes and accessory buildings, shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure, all new construction and substantial improvements shall be designed with engineered foundations and all development shall be reasonably safe from flooding.
      2.   All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage in accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the Federal Emergency Management Agency.
      3.   All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.
      4.   All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation, except as provided for in subsections A7 and B4, "Additions/Improvements", of this section. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
      5.   Any proposed water supply and sanitation system shall prevent disease, contamination and unsanitary conditions as follows:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
         b.   All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
         c.   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
      6.   A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor shall:
         a.   Be constructed entirely of flood resistant materials at least to the flood protection elevation; and
         b.   Include, in Zones A, AE, AH, AO, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
            (1) A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
            (2) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding or per engineered flood opening requirements;
            (3) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
            (4) The bottom of all required flood openings shall be no higher than one foot (1') above the interior or exterior adjacent grade, but only the net area of the flood opening below the base flood elevation may contribute to the required opening size;
            (5) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
            (6) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning,    regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
      7.   Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the floodway, flood fringe area, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, flood fringe area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article.
      8.   New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in the special flood hazard area, except by variance as specified in subsection 17.04J.050E9 of this article. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 17.04J.050C3, "Certification Requirements", of this article.
      9.   The proposed development shall cause no significant danger to life and property due to increased flood heights or velocities, no materials may be swept onto other lands or downstream to the injury of others and the proposed development shall be reasonably safe from flooding.
      10.   The proposed location shall represent the safest location on the subject property for the proposed use.
      11.   Safe access to the property shall be available in times of a base flood for ordinary and emergency vehicles.
      12.   Inherent natural characteristics of the watercourses shall be preserved.
      13.   Existing riparian vegetation and wildlife habitat along the stream bank and within the required one hundred foot (100') riparian setback shall be preserved.
      14.   New landscaping shall include plantings that are low growing and have dense root systems to stabilize stream banks and to repair any damage previously done to riparian vegetation.
      15.   Any chemicals or other toxic materials that could cause contamination of surface waters or groundwater, or that could be injurious to public health, safety and welfare, shall be located at the flood protection elevation and stored in a manner that prevents their release in the event of a flood.
      16.   When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
      17.   When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
      18.   Fill is prohibited in the SFHA, including construction of buildings on fill, unless compensatory storage is provided so that the total amount of fill placed on the site does not exceed the amount excavated from the site. Placement of fill necessary to satisfy drainage requirements of the Building Code shall be allowed if determined necessary by the Floodplain Administrator. However, any placement of fill must be evaluated by the Floodplain Administrator to ensure that it does not have adverse impact on neighboring properties. This includes not giving City of Hailey approval when asked by FEMA to review Conditional Letters or Letters of Map Revision (CLOMR-F or LOMR-F), unless they meet the above requirements.
   B.   Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, or subsection D, "Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways Or Flood Fringe Areas", of this section, the following provisions, in addition to the provisions of subsection A, "General Standards", of this section, are required:
      1.   Residential Construction: New construction and substantial improvements shall have the top of the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article.
      2.   Non-Residential Construction: New construction and substantial improvements, of any commercial, industrial, or other non- residential structure shall have the top of the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article. Structures located in Zones A, AE, AH, AO, and A1-30 may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection F2 of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 17.04J.050C3, "Certification Requirements", of this article along with the operational plan and the inspection and maintenance plan.
      3.   Manufactured Homes: This subsection applies to placement of all new manufactured homes in the jurisdiction.
         a.   New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article.
         b.   Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, by a certified engineered foundation system.
         c.   All enclosures or skirting below the lowest floor shall meet the requirements of subsection A6 of this section.
         d.   An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
      4.   Additions/Improvements:
         a.   Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
            (1) Not a substantial improvement - the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or
            (2) A substantial improvement - both the existing structure and the addition and/or improvements must comply with the standards for new construction.
         b.   Additions to post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
         c.   Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
            (1) Not a substantial improvement - the addition and/or improvements only must comply with the standards for new construction; or
            (2) A substantial improvement - both the existing structure and the addition and/or improvements must comply with the standards for new construction.
         d.   Repairs to post-FIRM structures when the repairs in combination with any additions/improvements to the existing structure are:
            (1) Not a substantial improvement - the repairs only must comply with the standards for new construction in place at the time of original construction; or
            (2) A substantial improvement - both the repairs to the existing structure and the addition and/or improvements must comply with the standards for new construction.
         e.   Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a one year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the one year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this article. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:
            (1) Any project for improvement of a building required to correct existing Health, Sanitary, or Safety Code violations identified by the building official and that are the minimum necessary to assume safe living conditions; or
            (2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
      5.   Recreational Vehicles: Recreational vehicles shall be either:
         a.   Temporary Placement:
            (1) Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
         b.   Permanent Placement:
            (1) Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction, as set forth in subsection A, "General Standards", of this section.
      6.   Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
         a.   A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;
         b.   The name, address, and phone number of the individual responsible for the removal of the temporary structure;
         c.   The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);
         d.   A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
         e.   Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.
      7.   Accessory Structures That Do Not Include Living Space: When such accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 17.04J.050C3, "Certification Requirements", of this article, and the following criteria shall be met:
         a.   Accessory structure shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);
         b.   Accessory structure shall be designed to have low flood damage potential;
         c.   Accessory structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
         d.   Accessory structure shall be firmly anchored in accordance with the provisions of subsection A1 of this section;
         e.   All service facilities, such as electrical, shall be installed in accordance with the provisions of subsection A4 of this section; and
         f.   Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection A6b of this section.
If said accessory structure has a footprint less than two hundred (200) square feet and satisfies the criteria outlined in subsections B7a through B7f of this section, it is not required to meet the elevation or floodproofing standards of subsection B2, "Non-Residential Construction", of this section.
      8.   Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:
         a.   Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);
         b.   Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the flood protection elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;
         c.   Not elevated above-ground tanks, that do not meet the elevation requirements of subsection B2 of this section shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
         d.   Tank inlets, fill openings, outlets and vents shall be:
            (1) At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and
            (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
      9.   Construction Of Below-Grade Crawlspace: (See figures 1 and 2 of this section.)
         a.   The interior grade of a crawlspace must not be more than two feet (2') below the exterior lowest adjacent grade (LAG).
         b.   The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.
         c.   There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
         d.   The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.
(See Technical Bulletin 11 for further information. Caution: Buildings that have below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation of the crawlspace soil at or above the base flood elevation (BFE).)
   FIGURE 1
   PREFERRED CRAWLSPACE
]
   FIGURE 2
   BELOW-GRADE CRAWLSPACE
 
      10.   Other Development In The Flood Fringe:
         a.   Fences in the flood fringe that have the potential to block the passage of floodwaters, such as stockade fences and tightly- spaced wire mesh fences, shall be open below the base flood elevation to allow the free passage of floodwaters. Minimum two inch (2") mesh shall be allowed below the base flood elevation if necessary to prevent the passage of pets and children. Seasonal removal of fencing mesh is encouraged. Fences are prohibited in the floodway.
         b.   Floodplain development permit applications for fences shall be processed through the fence permit review process and shall be subject only to the fence permit application fee. All provisions of this article shall apply in addition to the provisions of chapter 17.08, article A, "Fences, Signs", of this title.
      11.   Subdivision Plats; Flood Zones: All subdivision proposals shall:
         a.   Be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.
         b.   Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
         c.   Have adequate drainage provided to reduce exposure to flood hazards.
         d.   Minimize flood damage, to the extent possible, through design criteria, such as requiring building envelopes, minimizing the size of building envelopes, locating building envelopes in the safest locations, reducing the number and size of encroachments in the floodplain and providing unobstructed passage of floodwaters.
         e.   Include the mapped flood hazard zones from the effective FIRM shown on the preliminary plat.
         f.   Have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
         g.   Provide a note on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two (2) or more flood zones intersect over the property or properties being surveyed.
         h.   Include the following notes on each subdivision plat:
FEMA FIRM panel(s): #160xxxxxxC, & 160xxxxxxE, etc.
FIRM effective date(s): mm/dd/year
 
Flood Zone(s): Zone X, Zone A, Zone AE, A Zone AO, Zone, AH, Zone D, etc.
Base Flood Elevation(s): AE         .0 ft., etc.
Flood Zones are subject to change by FEMA & all land within a floodway or floodplain is regulated by                chapter/section of the City/County Code.
 
      12.   Critical Facilities: Critical facilities, where permitted, shall be constructed at a three foot (3') flood protection elevation (FPE).
 
   C.   Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as Zone A (also known as Unnumbered A Zones) and established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection A, "General Standards", of this section shall apply:
 
The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:
 
      1.   When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections A, "General Standards", and B, "Specific Standards", of this section.
 
      2.   When floodway or flood fringe data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and flood fringe areas shall also comply with the requirements of subsections B, "Specific Standards", and E, "Standards For Floodways", of this section as applicable.
 
      3.   All subdivision, manufactured home park, and other development proposals shall provide base flood elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article and utilized in implementing this article. The applicant/developer shall submit an application for a Conditional Letter of Map Revision (CLOMR) prior to preliminary plat approval and have obtained a Letter of Map Revision (LOMR) prior to any building permits for structures being issued.
 
      4.   When base flood elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the lowest floor shall be elevated or floodproofed (non-residential) to two feet (2.0') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 17.04J.020, "Definitions", of this article. All other applicable provisions of subsection B, "Specific Standards", of this section shall also apply.
 
   D.   Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways Or Flood Fringe Areas: Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor flood fringe areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
 
      1.   Standards of subsections A, "General Standards", and B, "Specific Standards", of this section; and
 
      2.   Until a regulatory floodway or flood fringe area is designated, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community.
 
   E.   Standards For Floodways: Areas designated as floodways are located within the special flood hazard areas established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article. The floodways areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsections A, "General Standards", and B, "Specific Standards", of this section and section 17.04J.070, "City Issued Stream Alteration Permit", of this article shall apply to all development within such areas:
 
      1.   No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
 
         a.   It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
 
         b.   A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.
 
      2.   If subsection E1 of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
 
   F.   Standards For Areas Of Shallow Flooding (Zone AO, AH, AR/AO, Or AR/AH): Located within the special flood hazard areas established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections A, "General Standards", and B, "Specific Standards", of this section all new construction and substantial improvements shall meet the following requirements:
 
      1.   The lowest floor shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet (2'), above the highest adjacent grade; or at least four feet (4') above the highest adjacent grade if no depth number is specified.
 
      2.   Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection F1 of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsection 17.04J.050C3, "Certification Requirements", of this article and subsection B2, "Non-Residential Construction", of this section.
 
      3.   Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.
 
   G.   Standards For Areas Where Floodway Has Not Been Determined: Where the floodway has not been determined, no new construction, substantial improvements or other development (including fill) shall be permitted in Zone AE on the effective FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community. Certification and documentation by a licensed professional engineer shall be submitted to demonstrate compliance with this subsection.
 
      1.   Applicants of proposed projects that increase the base flood are required to obtain and submit to the Floodplain Administrator, a Conditional Letter of Map Revision (CLOMR) preconstruction.
 
      2.   Postconstruction, the applicant must apply to FEMA for a Letter of Map Revision for changes to the flood hazard map proposed in the CLOMR.
 
   H.   Conditions Of Approval: Upon consideration of the criteria in subsections A through G of this section, the Floodplain Administrator, the commission or the Council, as the case may be, may attach such conditions to the permit, as deemed necessary to further the purposes of this district, including, but not limited to:
 
      1.   Modification of water disposal and water supply facilities to minimize or eliminate infiltration of floodwaters.
 
      2.   Limitations of periods of use and operation.
 
      3.   Imposition of operational controls, sureties and deed restrictions.
 
      4.   Requirements or prohibition of construction of channel modification dikes, levees and other protective measures.
 
      5.   Submission of a plan or document certified by a registered professional engineer/architect stating that the floodproofing measures comply with this article.
 
      6.   Floodproofing measures for structures, such as the following:
 
         a.   Installation of watertight doors, bulkheads, shutters and similar structures.
 
         b.   Reinforcement of walls to resist water pressures.
 
         c.   Use of paints, membrane or mortars to reduce seepage of water through walls.
 
         d.   Addition of mass or weight to structures to resist flotation.
 
         e.   Installation of pumps to lower water levels in structures.
 
         f.   Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
 
         g.   Installation of pumping facilities or comparable subsurface drainage systems for buildings to relieve external foundation wall flood pressures.
 
         h.   Construction to resist rupture or collapse caused by water pressure or floating debris.
 
         i.   Installation of valves or controls on sanitary and storm drains that will permit the drains to be closed to prevent backup of sewage and stormwaters into the building or structures.
 
         j.   Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the floodwaters.
 
         k.   Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at least to the flood protection elevation and/or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.
 
      7.   Location of building pads or envelopes.
 
      8.   Installation and maintenance of new landscaping and preservation of existing riparian vegetation.
 
      9.   Obtain all required and necessary Federal and State permits (e.g., 404 permits, Endangered Species Act consultation, etc.).
 
      10.   Any other condition reasonably related to the issuance of a floodplain development permit. (Ord. 1234, 2018)
 
 
17.04J.070: CITY ISSUED STREAM ALTERATION PERMIT:
 
All areas in the floodway and below the mean high water mark of any nonintermittent stream are subject to the following provisions in addition to the provisions in sections 17.04J.010 through 17.04J.060 of this article. No person may excavate in, disturb, fill, build in, upon or across, deposit in, or change the channel of any nonintermittent stream within the Flood Hazard District without a stream alteration permit issued by the commission. By way of example, stream alteration permits are required for uses or structures within a channel of a nonintermittent stream needed for public necessity (e.g., bridges, water pumps), recreational use (e.g., paths), wildlife habitat improvements (e.g., vegetation, nesting structures, pool/riffle improvements), and gravel extraction (e.g., to benefit the health of the river and stream flows).
 
   A.   Application: Applications shall be made for a stream alteration permit upon a form furnished by the Floodplain Administrator. Emergency waiver of the written application may be granted only after approval by the Floodplain Administrator. If an emergency waiver is granted, the applicant shall apply for a standard stream alteration permit as outlined below within four (4) months from the date of issuance of the emergency waiver of permit. Said work shall be performed prior to the next spring run-off season unless otherwise approved by the Floodplain Administrator. Information to be provided by the applicant for any stream alteration permit issued hereunder shall include, but not necessarily be limited to, the following:
 
      1.   Applicant's name, address and phone number.
 
      2.   Name of engineer, if any, who prepared the application.
 
      3.   Property location and legal description.
 
      4.   Name and reach of stream and area of proposed work.
 
      5.   Length of the stream section to be worked on.
 
      6.   Type of work to be done.
 
      7.   Type of equipment to be used.
 
      8.   Starting and completion dates of work.
 
      9.   Vicinity map of the area.
 
      10.   Names and addresses of property owners on both sides of the stream three hundred feet (300') upstream and one thousand feet (1,000') downstream from the proposed work site.
 
      11.   A description of proposed watercourse alteration or relocation.
 
      12.   A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.
 
      13.   Plans and information accurately and legibly showing:
 
         a.   Location and dimension of lot or property.
 
         b.   A map showing the location of the proposed watercourse alteration or relocation.
 
         c.   Location of existing or proposed structures and location of previous stream alterations.
 
         d.   Typical cross section of the proposed work.
 
         e.   Location of the lot or property in relation to the stream channel, floodway and floodplain.
 
         f.   A valley cross section of the area to be altered, showing the stream channel, floodway limit lines, elevations of land area adjacent to the stream, and the base flood elevation. The City Engineer, and FEMA officials if requested by the City Engineer, shall review and approve or disapprove the cross section.
 
         g.   Location of any drainageways or overflow channel through the property affected.
 
      14.   A statement addressing potential beneficial and adverse impacts in the immediate project area (upstream, downstream and across the stream).
 
      15.   Copies of all required State and Federal permit approvals.
 
   B.   Public Hearing Notice: Each application shall be reviewed at public hearings before the commission following adequate public notice.
 
      1.   Notice shall be given by United States mail insofar as practicable to each property owner whose name appears on the list accompanying the application, giving the date, time and place of the hearing, the action sought, and the identification of the property under consideration. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the City provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the City at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
 
      2.   The Idaho Department of Water Resources shall be notified by the applicant prior to any alteration or relocation of a watercourse, and the Floodplain Administrator shall submit evidence of such notification to the Federal Insurance Management Administration.
 
      3.   In any public hearing on a stream alteration permit application, the presiding officer may order the hearing to be continued up to thirty (30) days without further notice.
 
   C.   Commission Evaluation: A completed application will be heard by the commission at a public hearing within a maximum of forty five (45) days following its receipt. The commission shall review the particular facts and circumstances of each proposed stream alteration and make its determination.
 
      1.   Standards: No stream alteration permit shall be issued unless the commission finds adequate evidence that the following mandatory requirements have been met:
 
         a.   The applicant agrees to obtain and abide by all necessary permits from the Army Corps of Engineers, from the Idaho Department of Water Resources, and compliance with sections 9 and 10 of the Endangered Species Act, if applicable.
 
         b.   The stream alteration desired will not involve placing an encroachment, structure, fill, deposit, obstruction, storage of materials or storage of equipment in the floodway unless certification by a registered engineer is provided demonstrating that such alteration will not result in any increase in flood levels during occurrence of a 100-year flood.
 
         c.   The stream alteration desired will not materially increase the area of the Floodplain and Floodway Subdistricts.
 
         d.   No property of another person will be adversely affected by the proposed stream alteration whether such property is adjacent to, upstream or downstream from the proposed stream alteration.
 
         e.   The stream alteration does not jeopardize the City's participation in the National Flood Insurance Program.
 
         f.   Adjacent communities, the U.S. Army Corps of Engineers and the Idaho Department of Water Resources stream channel alteration program must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency.
 
         g.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.
 
      2.   Conditions: The commission may attach conditions to any stream alteration permit, including, but not limited to, the following:
 
         a.   Requiring work to be done at times of lowest water.
 
         b.   Requiring work to be done by appropriate construction equipment.
 
         c.   Requiring the project to be built to Idaho Department of Water Resources, Army Corps of Engineers, or City of Hailey standard specifications and standard drawings.
 
         d.   Requiring that a registered engineer certify, in writing, that the work has been completed according to the City requirements and stipulations.
 
         e.   Requiring any modification in the extent or design of the proposed work in order to meet the mandatory conditions imposed by this article.
 
         f.   Requiring preservation of existing vegetation, revegetation or placement of fish or wildlife enhancement features.
 
         g.   Posting of sufficient security to ensure the completion of the work.
 
         h.   Requiring review or approval of the application by other agencies or governmental units.
 
         i.   Requiring the work to be done at a certain height or location.
 
         j.   Requiring reclamation of eroded stream banks in the floodway.
 
         k.   Requiring overflow channels to remain open.
 
         l.   Restricting the future location of building envelopes.
 
         m.   Requiring modifications of the project so as not to increase the level of the base flood elevation and not to encroach upon the floodway.
 
         n.   Requiring maintenance within the altered or relocation portion of said watercourse so that the flood carrying capacity is not diminished.
 
         o.   Issuance of all required and necessary Federal and State permits (e.g., 404 permits).
 
         p.   Any other condition reasonably related to the issuance of a stream alteration permit. (Ord. 1234, 2018)
 
ARTICLE K. AIRPORT DISTRICT (A)
SECTION:
17.04K.010: Purpose
17.04K.020: Permitted Uses
17.04K.030: Conditional Uses
17.04K.040: Accessory Uses
17.04K.050: Bulk Regulations
17.04K.010: PURPOSE:
The airport district is intended to provide an area that would allow regularly scheduled commercial passenger aircraft services to be used by the general public. The airport district is also intended to allow other general aviation services for private aircraft and private aircraft charter only in conjunction with regularly scheduled commercial passenger aircraft services. (Ord. 1191, 2015)
17.04K.020: PERMITTED USES:
All permitted uses for the airport district are subject to FAA regulations and approval by the airport commission or other administrative body and are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04K.030: CONDITIONAL USES:
Conditional uses for the A district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
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