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A. Establishment Of Development Permit:
1. Development Permit Required: (44 CFR 60.3(b)(1))
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 14-1-3B of this chapter. The permit shall be for all structures including manufactured homes, as set forth in section 14-1-2, "Definitions", of this chapter, and for all development including fill and other activities, also as set forth in section 14-1-2, "Definitions", of this chapter.
2. Application For Development Permit: Application for a development permit shall be made on forms furnished by the local Floodplain 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:
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) available through FEMA;
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 set forth in subsection 14-1-5B2 of this chapter;
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 Floodplain Administrator: (44 CFR 59.22(10)(I))
The City Engineer 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 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. (44 CFR 60.3(a)(2))
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 14-1-5D1 of this chapter are met.
2. Use Of Other Base Flood Data (In A Zones): (44 CFR 60.3(B)(4))
When base flood elevation data has not been provided in A Zones in accordance with subsection 14-1-3B, "Basis For Establishing The Areas Of Special Flood Hazard", of this chapter, the Floodplain 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 14-1-5B, "Specific Standards", and D, "Floodways", of this chapter.
3. Information To Be Obtained And Maintained: (44 CFR 60.3(B)(5)(i))
a. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection C2 of this section, obtain and record the actual (as-built) 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. Recorded on a current elevation certificate (FF 81-31) available through FEMA, with section B completed by the City.
b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection C2 of this section:
(1) Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed. (44 CFR 60.3(b)(5)(ii))
(2) Maintain the floodproofing certifications required in subsection A2c of this section. (44 CFR 60.3(b)(5)(iii))
c. Maintain for public inspection all records pertaining to the provisions of this chapter. (44 CFR 60.3(b)(5)(iii))
4. Alteration Of Watercourses: (44 CFR 60.3(b)(6))
a. Notify adjacent communities and the Idaho State 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. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
D. Variance Procedure:
1. Appeal Board:
a. The Planning and Zoning Commission shall hear all applications for a variance.
b. All determinations for variances, appeals and actions by affected persons, shall be in accordance with title 13, chapter 12 of this Code, and any amendments thereto.
c. The City Council shall hear and decide appeals on denials of applications for variances from the requirements of this chapter.
d. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City in the interpretation, enforcement or administration of this chapter.
e. Those aggrieved by the final decision of the City Council, may appeal such decision to the District Court.
f. In passing upon such appeals, the 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 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 floodplain 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 transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
(11) The costs 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, and streets and bridges.
2. Conditions For Variances: (44 CFR 60.6(A)(1-7))
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 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, State and/or Federal laws, rules or regulations.
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 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, complies with all other City ordinances or codes, variance criteria specified herein, except subsection D2a of this section, and otherwise complies with subsections 14-1-5A1, A3 and A4 of this chapter.
g. Any 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 base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. (Ord. 2015-02, 6-10-2015)