A. Establishment Of Development Permit:
1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 12-1-3B of this chapter. The permit shall be for all structures including manufactured homes, as set forth in section 12-1-2, "Definitions", of this chapter, and for all development including fill and other activities, also as set forth in section 12-1-2, "Definitions", of this chapter.
2. Application For Development Permit: Application for a development permit shall be made on forms furnished by the city of Priest River 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:
a. Elevation, in relation to mean sea level, of the lowest floor (as defined) of all structures;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 12-1-5B2 of this chapter; and
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
B. Designation Of The Floodplain Administrator: The planning and zoning administrator is hereby appointed to be the floodplain administrator and to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
C. Duties And Responsibilities Of The Floodplain Administrator: Duties of the floodplain administrator shall include, but not be limited to:
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 will increase base flood elevations more than one foot (1'). If base flood elevations increase more than one foot (1'), require a FEMA conditional letter of map revision (CLOMR) before construction begins and letter of map revision (LOMR) for as built conditions.
d. 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 12-1-5D1 of this chapter are met.
(1) If a floodway encroachment is permitted that increases base flood elevations, require a FEMA conditional letter of map revision (CLOMR) before construction begins and letter of map revision (LOMR) for as built conditions.
2. Use Of Other Base Flood Data (In A Zones): When flood protection elevation data has not been provided (A zones) in accordance with section 12-1-3, "Basis For Establishing The Areas Of Special Flood Hazard", of this chapter, the planning and zoning 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 establish a flood protection elevation and administer subsections 12-1-5B, "Specific Standards", and 12-1-5D, "Floodways", of this chapter.
3. Information To Be Obtained And Maintained:
a. Where base flood elevation data is provided through the flood insurance study, FIRM, or as required in subsection C2 of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (as defined) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures where flood protection elevation data is provided through the flood insurance study, FIRM, or as required in subsection C2 of this section:
(1) Obtain, verify and record the actual elevation (in relation to mean sea level), and
(2) Maintain the floodproofing certifications required in subsection A2c of this section.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration Of Watercourses:
a. Notify adjacent communities and the department of water resources and development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (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 subsection D of this section.
D. Variance Procedures:
1. Variance:
a. An application for a variance must be submitted to the city clerk on the form provided by the city of Priest River, and include at minimum the same information required for a development permit and an explanation for the basis for the variance request.
b. Upon receipt of a completed application for a variance, as determined by the administrator, the variance request will be set for public hearing at the next city council meeting in which time is available and for the matter to be appropriately noticed and heard.
c. Prior to the public hearing, notice of the hearing will be published in the official newspaper of the city at least fifteen (15) days prior to the hearing. In addition to the newspaper publication, written notice shall be provided to all adjoining property owners. A legal description of the subject property and mailing labels for the adjoining properties prepared by an Idaho licensed title company shall be provided by the applicant as part of the complete application information referenced in subsection D1b of this section.
d. The burden to show that the property meets the criteria for a variance is on the applicant.
e. Upon consideration of the factors of subsection D1d 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.
f. The city shall maintain the records of all appeal actions and report any variances to the federal emergency management agency upon request.
2. Criteria For Variances:
a. 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 base flood level. As the lot size increases the technical justification required for issuing the variance increases.
b. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
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 upon:
(1) A showing by the applicant of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) A determination that failure to grant the variance would result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws and ordinances.
e. Variances 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.
f. Variances should be issued for nonresidential buildings in very limited circumstances.
3. Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted building will have its lowest floor below the flood protection elevation and that the cost of flood insurance will likely be commensurate with the increased flood damage risk.
E. Appeals: The city council shall hear and decide appeals from the interpretations of the administrator.
1. Filing An Appeal: An appeal must be filed with the city clerk within fourteen (14) days of the date of any permit denial or interpretation of the administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.
2. Consideration Of An Appeal: Upon receipt of a completed appeal, the appeal will be scheduled for the next available city council meeting to be heard. The city council shall consider the following in ruling on an appeal:
a. All technical evaluations, all relevant factors, standards specified in other sections of this chapter, including:
(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 effects of such damage on the individual landowner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to 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 floodplain management program for that area;
(9) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(10) 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
(11) The cost of providing government 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.
3. Decision: The city council decision on an appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. 529, 11-2-2009)
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