Burley City Zoning Code
CHAPTER 17
FLOOD HAZARD AREAS
5-17-1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES:
(A) The Legislature of the State has in Idaho Code §§ 46-1020, 46-1023 and 46-1024 authorized local government units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Burley, Idaho does ordain as follows:
1. The flood hazard areas of Burley, Idaho are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage development in other areas. Development that is inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(B) Statement Of Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
To protect human life and health;
To minimize expenditure of public money and costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in areas of special flood hazard;
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(C) Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for:
1. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that development vulnerable to floods, including structures and facilities, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazard in other areas. (Ord. 964, 7-20-1984; amd. Ord. 1008, 4-20-1987; Ord. 1393, 5-3-2022)
5-17-2: DEFINITIONS:
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
APPEAL: | A request for a review of the Building Inspector’s interpretation of any provisions of this Chapter. |
AREA OF SPECIAL FLOOD HAZARD: | The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. |
BASE FLOOD: | The flood having a one percent (1%) change of being equaled or exceeded in any given year. Also referred to as the 100-year flood. Designation on maps always includes the letters A or V. |
BASE FLOOD ELEVATION (BFE): | A determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal. State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Flood Protection Elevation. |
BASEMENT: | Any area of the building having its floor sub grade (below ground level) on all sides. |
DEVELOPMENT: | Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. |
FLOOD OR FLOODING: | 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: |
(A) The overflow of inland or tidal water and/or | |
(B) The unusual and rapid accumulation of runoff surface waters from any source. | |
(C) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph 1(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. | |
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in 1(A) of this definition. | |
FLOOD INSURANCE RATE MAP (FIRM): | The official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable in the community. |
FLOOD INSURANCE STUDY: | An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood- related erosion hazards. |
FLOODPLAIN MANAGEMENT: | The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and flood plain management regulations. |
FLOODPLAIN MANAGEMENT REGULATIONS: | Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. |
FLOODPROOFING: | Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. |
FLOODWAY: | The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. |
FUNCTIONALLY DEPENDENT FACILITY: | A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities. |
HIGHEST ADJACENT GRADE (HAG): | The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information. |
HISTORIC STRUCTURE: | A structure that is: |
1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. | |
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; | |
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district; | |
3. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or | |
4. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: | |
(A) By an approved state program as determined by the Secretary of the Interior, or | |
(B) Directly by the Secretary of the Interior in states without approved programs. | |
LOWEST FLOOR: | The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, buildings access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Chapter. |
MANUFACTURED HOME: | A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles. |
NEW CONSTRUCTION: | Structures for which the “start of construction” commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. |
Any construction started after April 20, 1987 and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance. | |
RECREATIONAL VEHICLE. | A vehicle that is: |
1. Built on a single chassis, and | |
2. 400 square feet or less when measured at the largest horizontal projection, and | |
3. Designed to be self-propelled or permanently towed by a light duty truck, and | |
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. | |
START OF CONSTRUCTION: | Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wail, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. |
STRUCTURE: | A walled and roofed building including a gas or liquid storage tank that is principally above ground. |
SUBSTANTIAL DAMAGE: | Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent (50%) of its market value before the damage occurred. See definition of “substantial improvement”. |
SUBSTANTIAL IMPROVEMENT: | Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: |
1 Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or | |
2. Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure” and the alteration is approved by variance issued pursuant to this ordinance. | |
VIOLATION: | The failure of a structure or other development to be fully compliant with the community^ flood plain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. (Ord. 964, 7-20-1981; amd. Ord. 1008, 4-20-1987; Ord. 1393, 5-3-2022) |
5-17-3: GENERAL PROVISIONS:
(A) Land To Which this Chapter Applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of Burley, Idaho.
(B) Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the Federal Insurance Administrator as shown on the Flood Insurance Rate Maps dated March 9,1982 is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Rate Map is on file at the office of the City Clerk, City Hall, Burley, Idaho.
(C) Compliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations.
(D) Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenants, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(E) Interpretation: In the interpretation and application of this Chapter, all provisions shall be:
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under State Statutes.
(F) Warning And Disclaimer Of Liability: The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 964, 7-20-1981; amd. Ord. 1008, 4-20-1987; Ord. 1393, 5-3-2022)
5-17-4-1: 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 5-17-3(B) of this Chapter. The permit shall be for all structures including manufactured homes, as set forth in the “definitions” and for all other development including fill and other activities, also as set forth in the “definitions”.
Applicants shall submit a site plan showing compliance with this floodplain ordinance. (Ord. 1008, 4-20-1987; amd. Ord. 1393, 5-3-2022)
5-17-4-2: DESIGNATION OF THE BUILDING INSPECTOR:
The Building Inspector is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 964, 7-20-1981)
5-17-4-3: DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR:
(A) General Duties: Duties of the Building Inspector shall include, but not be limited to:
1. Review all development permits to determine that the permit requirements of this Chapter have been satisfied.
2. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local government agencies from which prior approval is required. (Ord. 964, 7-20-1981)
3. Review all development permits to determine if proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5-17-5-3 are met.
(B) Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 5-17-3(B) of this Chapter, the Building Inspector 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 Sections 5-17-5-1 and 5-17-5-3 of this Chapter.
(C) Information To Be Obtained And Maintained:
1. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection 5-17-4-3(B) of this Chapter obtain and record 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. (Ord. 1008, 4-20-87)
2. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain the floodproofing certificates required in subsection 5-17-4-1(C).
3. Maintain for public inspection all records pertaining to the provisions of this Chapter.
(D) Alteration Of Watercourses:
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 Administrator.
2. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(E) 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 conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundaries shall be given a reasonable opportunity to appeal the interpretation. Such appeal 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).
(F) A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator (FIA) of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.
(G) Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area. In order that all FHBM’s and FIRM’s accurately represent the community’s boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority. (Ord. 964, 7-20-81; amd. Ord. 1008. 4-20-1987; Ord. 1393, 5-3-2022)
5-17-5-1: GENERAL STANDARDS:
In all areas of special flood hazards the following standards are required:
(A) Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy.
2. All manufactured homes must likewise be anchored to prevent floatation, collapse, or collateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors (reference FEMA’S “Manufactured Home Installation and Flood Hazard Areas” guidebook for additional techniques).
3. An alternative method of anchoring may involve a system designed to withstand a wind force of ninety (90) miles per hour or greater. Certification must be provided to the Building Inspector that this standard has been met.
(B) Construction Materials And Methods:
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. All new and replacement electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(C) Utilities:
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
2. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into the flood waters; and
3. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(D) Subdivision And Other Development Proposals:
1. All subdivision and other development proposals shall be consistent with the need to minimize flood damage;
2. All subdivision and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. All subdivision and other development proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
4. Base flood elevation data shall be provided for all subdivision and other development proposals which contain at least fifty (50) lots or five (5) acres (whichever is less).
(E) Review Of Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade may result in higher insurance rates. (Ord. 964, 7-20-1981; amd. Ord. 1008, 4-20-1987; Ord. 1393, 5-3-2022)
5-17-5-2: SPECIFIC STANDARDS:
(A) Residential Construction:
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Use of such a space is limited to parking, access or storage. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot (1') above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of flood waters.
(B) Nonresidential Construction: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in subsection 5-17-4-3(C)1.
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection 5-17-5-2(A).
5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g. a building constructed to the base flood level will be rates as 1 foot below that level).
(C) Encroachments: Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the areas of special flood hazard, as set forth in subsection 5-17-4-3(A)3, Permit Review.
(D) Additions/Improvements.
1. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or
b. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
2. Additions to non-compliant post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
3. Additions and/or improvements to non-compliant post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or
b. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
(E) Recreational Vehicles. Recreational vehicles shall be either:
1. Temporary Placement:
a. Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions): or
2. Permanent Placement:
a. Recreational vehicles that do not meet the limitations of Temporary Placement shall meet all the requirements for new construction, as set forth in 5-17-5-1. (Ord. 964, 7-20-1981; amd. Ord. 1008, 4-20-1987; Ord. 1393, 5-3-2022)
5-17-5-3: FLOODWAYS:
Located within areas of special flood hazard established in subsection 5-17-3(B) are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(A) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (Ord. 964, 7-20-1981)
(B) If subsection (A) above is satisfied, all new construction and substantial improvements shall comply with all application flood hazard reduction provisions of Section 5-17-5 hereof, Provisions for Flood Hazard Reduction. (Ord. 964, 7-20-1981; amd. Ord. 1008, 4-20-1987)
5-17-5-4: MANUFACTURED HOMES:
All manufactured homes to be placed or substantially improved within Zones A-1 - 30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 5-17-5-1(A) of this Chapter. (Ord. 1008, 4-20-1987; amd. Ord. 1393, 5-3-2022)
5-17-6-1: CORRECTIVE PROCEDURES:
(A) Violations to be Corrected. When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
(B) Actions in Event of Failure to Take Corrective Action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating:
1. That the building or property is in violation of the floodplain management regulations;
2. That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter: and
3. That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
(C) Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one-hundred-eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the Burley City Administrator by giving notice of appeal in writing to the Floodplain Administrator and the Burley City Clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Burley City Administrator shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(E) Failure to Comply with Order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Burley City Administrator following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. (Ord. 1393, 5-3-2022)
5-17-6-2: VARIANCES:
(A) The Burley City Council, or other group of individuals designated by the Burley City Council, hereinafter referred to as the “appeal board”, shall hear and decide requests for variances from the requirements of this ordinance.
(B) Variances may be issued for:
1. the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
2. functionally dependent facilities, if determined to meet the definition as stated in 5-17-2 of this chapter, provided “Conditions for Variances” (see 5-17-6-2(H) 2., 3., and 4. have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
3. any other type of development, provided it meets the requirements of this Section.
(C) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, 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 as defined under 5-17-2 of this chapter as a functionally dependent facility, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
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 floodwaters 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.
(D) The applicant shall include a written report addressing each of the above factors ((C)1. - (C)11.) with their application for a variance.
(E) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
(F) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
(G) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of Idaho upon request.
(H) Conditions for Variances:
1. Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
2. Variances shall not be issued within any designated floodway if the variance would result in any increase in flood levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued prior to development permit approval.
5. 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; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(I) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met:
1. The use serves a critical need in the community,
2. No feasible location exists for the use outside the Special Flood Hazard Area.
3. The lowest floor of any structure is elevated or floodproofed to at least the Flood Protection Elevation.
4. The use complies with all other applicable Federal State and local laws.
(J) A person designated by the Burley City Council will notify the State NFIP Coordinator of the Idaho Department of Water Resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
(K) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Idaho Code 67-6535. (Ord. 1393, 5-3-2022)