A. Establishment Of Development Permit: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 11-5-3A of this Chapter. The permit shall be for all structures including manufactured homes, as set forth in Section 11-5-2, "Definitions" of this Chapter. Application for a permit shall be made on forms furnished by the Administrator, 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:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
2. Elevation in relation to mean sea level to which any structure has been floodproofed.
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 11-5-5H of this Chapter.
4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
B. Designation Of Administrator: The Building Official is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.
C. Duties And Responsibilities Of Administrator: The duties of the Administrator shall include, but not be limited to:
1. Review of all permits to determine that the permit requirements of this Chapter have been satisfied; and
2. Review of 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.
D. Use Of Other Base Flood Data: When base flood elevation data have not been provided in accordance with subsection 11-5-3B, "Basis for Establishing Areas of Special Flood Hazard", the Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 11-5-5F, "Specific Standards"; and 11-5-5J, "Floodways".
E. Information To Be Obtained And Maintained: The following information shall be obtained and maintained on file at the office of the City Clerk:
1. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved structures:
a. Verify and record the actual elevation (in relation to mean sea level);
b. Maintain the floodproofing certifications required in subsection A3 of this Section.
3. Maintain for public inspection all records pertaining to the provisions of this Chapter.
F. Alteration Of Watercourses: The Administrator of this Chapter shall:
1. Notify adjacent communities and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
G. Interpretation Of FIRM Boundaries: The Administrator shall make interpretation, where needed, as to exact location of the boundaries of the areas of special flood hazard (e.g., 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 subsection H below.
H. Variance Procedure:
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items in subsections I1 through I2 of this Section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variances increases.
2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 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 I of this Section, or conflict with existing local laws or ordinances.
4. Variances, as interpreted in the National Flood Insurance Program, are based upon the general zoning law principal that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
5. 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, comply with all other variance criteria except subsection 11-5-5H of this Chapter and otherwise comply with subsection 11-5-5A of the "General Standards".
6. Variances may be the minimum necessary, considering the flood hazard, to afford relief.
7. 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 base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
I. Appeal Board: The Appeal Board, as established by the Mayor and Council of the City, shall hear and decide appeals and requests for variances from the requirements of this Chapter. The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Administrator in enforcement or administration of this Chapter.
Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the Second Judicial District Court of Clearwater County, as provided in the Idaho Code. In passing upon such applications, the Appeal Board shall consider all technical evaluation, all relevant factors, standards specified in other sections of this Chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transportation of the flood waters and the effects of wave action, if applicable, at the site;
11. The cost 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, streets and bridges. (Ord. 612, 5-12-1987)
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