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. This 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 St. Maries 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 (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with section B completed by the local official;
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 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 Local Administrator: The building inspector for the city of St. Maries or designee 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 The Local Administrator: Duties of the local 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 proposed development to assure that necessary permits have been obtained from government agencies.
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 12-1-5D1 of this chapter are met.
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 12-1-3B, "Basis For Establishing The Areas Of Special Flood Hazard", of this section the local administrator 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 12-1-5B, "Specific Standards", and D, "Floodways", of this chapter.
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 C2 of this section, verify and record the actual (as built) elevation (in relation to mean sea level regulatory floor level) of the lowest floor (including basement) of all new construction or substantially improved structures, and whether or not structure contains a basement. Record 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 C2 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.
2. Maintain the floodproofing certifications required in subsection A2c of this section. 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. All records pertaining to the provisions of this chapter shall be maintained.
4. Alteration Of Watercourses:
a. 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.
b. Assure flood carrying capacity of any altered or relocated waterway is maintained.
5. Interpretation Of FIRM Boundaries: Where interpretation is needed as to exact location of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. 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).
D. Variance Procedure:
1. Variance Application: An application for a variance must be submitted to the city clerk on the form provided by the city of St. Maries, and include at a minimum the same information required for a development permit and an explanation for the basis for the variance request.
2. Conditions 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 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 to the applicant;
3. 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, or conflict with existing local laws or ordinances.
e. 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 flood elevations should be quite rare.
f. Variances will 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 D2a of this section, and otherwise complies with subsections 12-1-5A1, A3 and A4 of this chapter.
g. An applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the flood protection elevation and that the cost of flood insurance will be commensurate with the increased risk.
3. Appeal Board:
a. The St. Maries city council as established by ordinance shall hear and decide appeals and requests for variances from the requirements of this chapter.
b. The St. Maries city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.
c. Those aggrieved by the decision of the St. Maries city council, or any taxpayer, may appeal such decision to the state district court, as provided in the statutes of the state of Idaho.
d. In passing upon such applications, the St. Maries city council shall consider all technical evaluations, 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 effects of such damage on the individual owner;
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. (Ord. 2009-671, 10-13-2009)
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