A. Purpose: The purpose of this overlay district is to protect the health and safety of the public, and to minimize damage to property and fragile ecologies by preventing surface and ground water pollution and loss and destruction from flooding and siltation.
B. Areas Of Application:
1. The standards and procedures for flood prone areas shall apply to those lands which are subject to special flood hazard as defined in title 11, chapter 1 of this code. The flood prone areas generally lie along major drainage channels. A large percentage of these areas are fully saturated seasonally or continuously. (Ord. 10-06, 8-23-2010)
2. Certain flood prone areas have been identified on the "Flood Insurance Rate Map For Valley County, Idaho" as prepared by the federal emergency management agency. The applicable maps are identified in title 11 of this code. The maps are available in the county planning and zoning office or on the Valley County GIS website. (Ord. 17-03, 2-21-2017)
C. Permitted Uses: The following are permitted uses within flood prone areas:
Agricultural and open space uses, except structures for enclosing animals.
Civic or community service uses, except structures, shelters, sewage treatment facilities, cemeteries, or sanitary landfills.
Industrial uses, except structures and the storage of chemicals, petroleum products, and similar products which are water soluble or floatable. Wood processing plants without structures may be permitted uses.
Private or commercial recreation uses, except structures or shelters for human occupancy or for enclosing animals.
Residential uses when the lot is located within a subdivision plat recorded prior to February 1, 2019; there is no portion of the lot where the structures can be located outside the identified flood prone area; and, the structures comply with the applicable standards in subsection D of this section.
Structures established prior to February 1, 2019, that are in a flood prone area, that are destroyed or substantially damaged by extraordinary events such as fire, earthquake, etc., may be replaced, but shall be in compliance with title 11 of this Code.
Temporary uses where the season of use does not correspond to the flood season.
Uses not listed above, such as residential and commercial uses, except for open space and infrastructure for uses with a conditional use permit, shall not be allowed in flood prone areas.
D. Standards:
1. Excavation Or Fills:
a. Excavation or fills shall be allowed only for a public or private road crossing the floodplain from one side to the other on a direct route and for uses permitted in subsection C of this section.
b. Embankments resulting from such excavation or fills shall be protected against erosion by riprap, vegetative cover, bulkheading, or other acceptable means.
c. Excavation or fills shall not alter or restrict channel flow unless a permit has been obtained from the State Department of Water Resources.
d. Excavation or fills shall comply with the provisions of title 11, chapter 1 of this Code.
2. Structures:
a. Structures shall be limited by subsection C of this section and shall generally be restricted to bridges; culverts; or drainage, irrigation, or flood control devices.
b. Structure crossing or providing crossing of flood prone areas shall be sized to accommodate channel flows of an intensity equal to that of a 100-year return period.
c. Structures located within three hundred feet (300') of a flood prone area shall be set on foundations not less than two feet (2') above the elevation determined for the flood intensity equal to that of a 100-year return period.
d. Structures shall not alter or restrict channel flow unless a permit has been obtained from the State Department of Water Resources.
e. All improvements to be located within an identified flood prone area, including all uses allowed in subsection C of this section, shall also comply with the provisions of title 11, chapter 1 of this Code. However, no structure will be deemed permitted by this title merely because it is discussed in title 11 of this Code.
3. Storage Of Material And Equipment:
a. Material and equipment not subject to major damage by floods may be stored within flood prone areas.
b. Materials subject to potential damage by floods, including buoyant items, may be stored temporarily but must be removed upon general warning of flood conditions.
c. Materials that are subject to potential damage by flood and which would be environmentally degrading if such damage occurred, such as fuels and other petroleum products, chemicals, liquids, radioactive materials, water solubles, and similar materials, shall not be stored within flood prone areas. (Ord. 10-06, 8-23-2010; amd. Ord. 19-03, 1-7-2019; Ord. 21-05, 5-3-2021)