Loading...
12-1-6: APPLICATION AND INTERPRETATION OF PROVISIONS:
   A.   Lands To Which Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of city. (Ord. 1987-3, 4-8-1987)
   B.   Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "The Flood Insurance Study", Bannock County, Idaho, and incorporated areas, dated July 7, 2009, with the accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at city hall, 115 West Elm, Lava Hot Springs, ID 83246. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
   C.   Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   D.   Minimum Requirements: In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the city council, and deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1987-3, 4-8-1987)
12-1-7: ADMINISTRATION OF PROVISIONS:
   A.   Administrative Authority: The city clerk-treasurer and code enforcement officer are hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Any conflict between decisions of the city clerk-treasurer and the code enforcement officer shall be resolved by the city council, whose decision shall be final.
   B.   Duties Of City Clerk-Treasurer And Code Enforcement Officer: Duties of the city clerk-treasurer and code enforcement officer shall include, but not be limited to: (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
      1.   Permit Review:
         a.   Review all development permits to determine that the permit requirements of this chapter have been satisfied.
         b.   Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
         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 12-1-9C1 of this chapter are met. (Ord. 1987-3, 4-8-1987)
      2.   Use Of Other Base Flood Data (In A Zones): When flood protection elevation data has not been provided (in A zones) in accordance with subsection 12-1-6B, "Basis For Establishing Areas Of Special Flood Hazard", of this chapter, the city clerk and/or code enforcement officer shall obtain, review, and reasonably utilize any flood protection elevation and floodway data available from a federal, state or other source, in order to administer subsections 12-1-9B, "Specific Standards", and C, "Floodways", of this chapter. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009; amd. Ord. 2015-12, 12-10-2015)
      3.   Information To Be Obtained And Maintained:
         a.   Where flood protection elevation data is provided through the flood insurance study, FIRM or required as in subsection B2 of this section, verify and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new construction or substantially improved structures, and whether or not the structure contains a basement. Record of the same shall be made on a current elevation certificate (FF 81-31) with section B completed by the local official.
         b.   For all new or substantially improved floodproofed nonresidential structures where flood protection elevation data is provided through the FIS, FIRM, or as required in subsection B2 of this section:
            (1) Verify and record the elevation, in relation to mean sea level, to which any new or substantially improved structures have been floodproofed, and
            (2) Maintain the floodproofing certifications required in subsection 12-1-8B3 of this chapter. When floodproofing is utilized, certification of design criteria from a registered professional engineer or architect is required.
            (3) Require engineering certification (as built information) as to the constructed flood protection elevation.
         c.   Maintain for public inspection all records pertaining to the provisions of this chapter in the city hall located in Lava Hot Springs, Idaho.
      4.   Alteration Of Watercourses:
         a.   Notify the Idaho department of water resources, adjacent communities and the Bannock County land use board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
         b.   Assure flood carrying capacity of any altered or relocated waterway is maintained.
      5.   Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 12-1-10 of this chapter. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
12-1-8: DEVELOPMENT PERMIT:
   A.   Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 12-1-6B of this chapter. The permit shall be for all structures including manufactured homes, as set forth in section 12-1-5 of this chapter, and for all development including fill and other activities, also as set forth in section 12-1-5 of this chapter. (Ord. 1987-3, 4-8-1987)
   B.   Application For Development Permit: Application for a development permit shall be made on forms furnished by the city clerk-treasurer and/or code enforcement officer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
      1.   Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with section B completed by the city clerk and/or code enforcement officer; (Ord. 2009-4, 7-2-2009, eff. 7-7-2009; amd. Ord. 2015-12, 12-10-2015)
      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 meet the floodproofing criteria in subsection 12-1-9B2 of this chapter; and
      4.   Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 1987-3, 4-8-1987)
12-1-9: PROVISIONS FOR FLOOD HAZARD REDUCTION:
   A.   General Standards: In all areas of special flood hazard, the following standards are required:
      1.   Anchoring:
         a.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (Ord. 1987-3, 4-8-1987)
         b.   All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors. For more detailed information, refer to guidebook FEMA-85, "Manufactured Home Installation In Flood Hazard Areas". (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      2.   Construction Materials And Methods:
         a.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
         b.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (Ord. 1987-3, 4-8-1987)
         c.   Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the flood protection elevation may cause annual flood insurance premiums to be increased. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      3.   Utilities:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
         b.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
         c.   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1987-3, 4-8-1987)
         d.   Water wells, if permitted by the city, shall be located on high ground that is not in the floodway. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      4.   Subdivision Proposals:
         a.   All subdivision proposals shall be consistent with the need to minimize flood damage; (Ord. 1987-3, 4-8-1987)
         b.   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
         c.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (Ord. 1987-3, 4-8-1987)
         d.   Where flood protection elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      5.   Review Of Building Permits: Where flood protection elevations or other current engineering data are not available either through the flood insurance study, FIRM, or from another authoritative source (subsection 12-1-7B2 of this chapter), the floodplain administrator shall obtain, review, and reasonably utilize scientific methods to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
   B.   Specific Standards: In all areas of special flood hazard where flood protection elevation data has been provided as set forth in subsection 12-1-6B or 12-1-7B2 of this chapter, the following provisions are required: (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      1.   Residential Construction:
         a.   Where flood protection data is available, any structure or manufactured home shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         b.   Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
            (1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
            (2) The bottom of all openings shall be no higher than one foot (1') above grade.
            (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Standard foundation vents as required by the international building code do not meet this standard.
            (4) Below grade, crawl spaces are prohibited at sites where the velocity of floodwaters exceeds five feet (5') per second.
            (5) All building utility systems within the crawl space shall be elevated above flood protection elevation or be designed so that floodwaters cannot enter or accumulate within the system component during a flood.
            (6) The interior of a crawl space below the flood protection elevation must not be more than two feet (2') below the lowest adjacent exterior grade (LAG) and the height of the below grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation must not exceed four feet (4') at any point.
            (7) Below grade, crawl spaces constructed in accordance with the requirements listed in this subsection shall not be considered basements. However, applicants who construct buildings that have below grade crawl spaces are hereby advised that such buildings will have higher flood insurance premiums than buildings that have crawl spaces with interior elevations at or above the lowest adjacent grade.
            (8) Below grade unfinished or flood resistant enclosures shall only be used for parking of vehicles, limited storage of maintenance equipment, or building access.
            (9) Otherwise follow the guidelines of the latest version of FEMA TB 11-01 construction for buildings located in special flood hazard areas: national flood insurance program interim guidance for crawl space construction. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      2.   Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall: (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
         a.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy;
         c.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 12-1-7B3b of this chapter.
         d.   Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection 12-1-9B1b of this chapter. (Ord. 1987-3, 4-8-1987)
         e.   Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level). Floodproofing the building an additional foot will reduce insurance premiums significantly.
         f.   Otherwise follow the guidelines of the latest version of FEMA TB 11-01 crawl space construction for buildings located in special flood hazard areas: national flood insurance program interim guidance for crawl space construction.
      3.   Manufactured Homes: All or varied placement of manufactured homes in the floodplain shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the flood protection elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 12-1-9A1b of this chapter to resist flotation, collapse and lateral movement.
      4.   Recreational Vehicles: All recreational vehicles placed on sites within the city shall either:
         a.   Be on the site for fewer than one hundred eighty (180) consecutive days; or
         b.   Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
         c.   Meet the permit requirements of this chapter, and the elevation and anchoring requirements for "manufactured homes" as defined in this chapter.
      5.   AE And A1-30 Zones With Flood Protection Elevations But No Floodways: In areas with flood protection elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's 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 more than one foot (1') at any point within the community.
      6.   Building Standards For Areas Of Shallow Flooding (AO Zones): Areas of special flood hazard may include designated AO shallow flooding areas. These areas have base flood depths of one to three feet (3') aboveground, with no clearly defined channel. Such flooding is usually characterized as sheet flow. In these areas the following provisions apply:
         a.   All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as depth number specified in feet on the community's flood insurance rate map (FIRM) or at least two feet (2') if no depth number is specified. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection B1 of this section;
         b.   New construction or the substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified flood protection elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice; and
         c.   Drainage paths shall be provided to guide floodwater around and away from a proposed structure.
      7.   Critical Facility: Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet (3') above FPE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the flood protection elevation shall be provided to all critical facilities to the extent possible. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
   C.   Floodways: Located within areas of special flood hazard established in subsection 12-1-6B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
      1.   Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      2.   If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Ord. 1987-3, 4-8-1987)
12-1-10: VARIANCE PROCEDURE:
   A.   Appeal Board:
      1.   The city council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1987-3, 4-8-1987)
      2.   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 city clerk-treasurer and/or code enforcement officer in the enforcement or administration of this chapter. (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
      3.   Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the district court as provided under the statutes of the state.
      4.   In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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, where applicable;
         f.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
         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.
      5.   Upon consideration of the factors of subsection A4 of this section 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. (Ord. 1987-3, 4-8-1987)
      6.   The city clerk-treasurer and/or code enforcement officer shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
   B.   Conditions For Variances:
      1.   Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot, contiguous to and surrounded by lots with existing structures constructed below the flood protection elevation. As the lot size increases the technical justification required for issuing the variance increases. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      2.   (Rep. by Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
      3.   Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
      4.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      5.   Variances shall only be issued upon:
         a.   A showing of good and sufficient cause;
         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant;
         c.   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 as identified in subsection A4 of this section, or conflict with existing local laws or ordinances.
      6.   Variances as interpreted in the national flood insurance program are based on the general zoning law principle 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.
      7.   Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection B1 of this section, and otherwise complies with subsections 12-1-9A1 and A2 of this chapter. (Ord. 1987-3, 4-8-1987)
      8.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the flood protection elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
12-1-11: 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 on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 1987-3, 4-8-1987)
12-1-12: VIOLATION AND PENALTIES:
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in section 1-4-1 of this code, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1987-3, 4-8-1987; amd. 2007 Code)
Loading...