TITLE 12
FLOOD CONTROL
CHAPTER 1
FLOOD DAMAGE PREVENTION
SECTION:
12-1-1: Purpose
12-1-2: Methods Of Accomplishing Purpose
12-1-3: Definitions
12-1-4: Application; Interpretation; Compliance
12-1-5: Building Official Administer Provisions
12-1-6: Development Permit
12-1-7: Provisions For Flood Hazard Reduction
12-1-8: Disclaimer Of Liability
12-1-9: Violation; Penalty
12-1-1: PURPOSE:
It is the purpose of this chapter to promote the public health and safety and to minimize public and private losses due to flood conditions in specific areas by provisions designed accomplish the following:
   A.   To protect human life and health;
   B.   To minimize expenditure of public money for costly flood control projects;
   C.   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   D.   To minimize prolonged business interruptions;
   E.   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges;
   F.   To help maintain a stable tax base by minimizing future flood blight areas; and
   G.   To ensure that those who occupy flood prone areas assume responsibility for their actions. (1988 Code § 7.36.010)
12-1-2: METHODS OF ACCOMPLISHING PURPOSE:
In order to accomplish its purposes, this chapter includes methods and provisions for:
   A.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosions, flood heights, or velocities;
   B.   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   C.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;
   D.   Controlling filling, grading, dredging, and other development which may increase flood damage; and
   E.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (1988 Code § 7.36.020)
12-1-3: DEFINITIONS:
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
   A.   The overflow of waters; and/or
   B.   The unusual and rapid accumulation of runoff of surface waters from any source.
MOBILE HOME: A structure that is transportable in one or more sections built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required facilities. The term "mobile home" does not include recreational vehicles or travel trailers.
STRUCTURE: A walled and roofed building or mobile home that is principally aboveground.
SUBSTANTIAL IMPROVEMENT: A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
      1.   Before the improvement or repair is started; or
      2.   If the structure has been damaged and is being restored, before the damages occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
   B.   The term "substantial improvement" does not, however, include:
      1.   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
      2.   Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. (1988 Code § 7.36.030)
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