The legislature of the state of Nevada has in Nevada Revised Statutes, chapter 244, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the board of commissioners of the county of Elko, state of Nevada, does ordain as follows in this chapter. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

The flood hazard areas of Elko County are subject to periodic inundation which may result 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. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

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 regulation designed:

   (A)   To protect human life and health;

   (B)   To minimize expenditure of public money for costly flood control projects;

   (C)   To minimize the need for rescue and relief efforts associated with flooding conditions in populated or developed areas;

   (D)   To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future blight areas;

   (E)   To ensure that potential buyers are notified that property is in an area of special flood hazard; and

   (F)   To ensure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

In order to accomplish its purposes, this chapter includes methods and provisions for:

   (A)   Restricting or prohibiting uses which are 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;

   (B)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   (C)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

   (D)   Controlling, filling, grading, dredging, and other development which may increase flood damage; and

   (E)   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application:

ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition and channel migration.

APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

APPEAL: A request for a review of the Elko County department of community development interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or VO zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. This area is designated as zone a, AO, AH, A1-30 or AE on the FIRM.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): The height of the base flood, usually in feet, in relation to the mean sea level, national geodetic vertical datum of 1929, the North American vertical datum of 1988, or other datum referenced in the flood insurance study report, or average depth of the base flood, usually in feet, above the ground surface.

BASEMENT: Any area of a building having its floor below ground level or subgrade on all sides.

BREAKAWAY WALLS: Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations or storage of equipment or materials located within the area of special flood hazard.

ENGINEER, SURVEYOR, ARCHITECT: Any person having a current and valid license in the state of Nevada issued by the respective proper state agency to professionally provide and conduct the prescribed discipline.

FLOOD BOUNDARY FLOODWAY MAP: The official map on which the federal insurance administration has delineated both the areas of flood hazard and the floodway.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles, the FIRM, the flood boundary floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (A)   The overflow of inland or tidal waters, and/or

   (B)   The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD RELATED EROSION: A condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse. One that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property.

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 one foot (1'). The floodway is delineated on the flood boundary floodway map.

HAZARD MITIGATION PLAN: A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to floodplain development community wide.

HIGHEST GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

   (A)   Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

   (B)   Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

   (C)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or

   (D)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

      1.   By an approved state program as determined by the secretary of the interior; or

      2.   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, building 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 floodplain 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.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

NGVD: National geodetic vertical datum, datum of 1927 or 1988.

NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE: A vehicle built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projection designed to be self-propelled or permanently towable by a light duty truck, and designated primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational, camping, travel or seasonal use.

SAND DUNES: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

SPECIAL FLOOD HAZARD AREA: Darkly shaded area on a flood hazard boundary map or a flood insurance rate map (FIRM) that identifies an area that has a one percent (1%) chance of being flooded in any given year, also known as the 100-year floodplain. Over a thirty (30) year period, the life of most mortgages, there is at least a twenty six percent (26%) chance that this area will be flooded.

START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, replacement, 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 excavation for a basement, footings, piers, or foundations 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 wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. "Structure" for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally aboveground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

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 fifty percent (50%) of the market value of the structure before the damage occurred.

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: a) 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 to assure safe living conditions, or b) any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development in a special flood hazard area, without an elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004; amd. Ord. 2022-04, eff 11-27-2022)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the county of Elko. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

The areas of special flood hazard identified by the federal insurance administration, through the federal emergency management agency in a scientific and engineering report entitled "The Flood Insurance Study For The County Of Elko", dated March 16, 1992, including any subsequent changes thereto, with an accompanying flood insurance rate map is hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file with the Elko County department of community development, 155 South Ninth Street, Elko, NV 89801. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

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. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

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, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

In the interpretation and application of this chapter, all provisions shall be:

   (A)   Considered as minimum requirements;

   (B)   Liberally construed in favor of the governing body; and

   (C)   Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

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 occasion. Flood heights may be increased by manmade 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 Elko County, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

A development or building permit shall be obtained before construction or development begins within any area of special flood hazard established in section 4-13-3-2 of this chapter. Application for a development or building permit shall be made on forms furnished by the Elko County department of community development and may include, but not be limited to: a duplicate set of plans in proper scale showing the nature, location, dimensions, NGVD elevation or topography of the area in question, base flood elevation of the area, existing or proposed structures with proposed finish floor elevations, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

   (A)   Proposed elevation in relation to NGVD, of the lowest floor (including basement) of all structures; in zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures; that drainage paths will be constructed around structures on slopes to guide floodwaters;

   (B)   Proposed elevation in relation to NGVD to which any structure will be floodproofed;

   (C)   Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 4-13-5-1(C)2 of this chapter;

   (D)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

   (E)   The developer will show evidence of compliance with flood venting requirements, elevation or floodproofing of attendant utilities (electrical, HVAC, etc.) and use of flood resistant materials below the base flood elevation. And all other requirements in the code of federal regulations, title 44, part 60.3. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

The Elko County floodplain administrator as designated by the Elko County board of commissioners is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

The duties and responsibilities of the administrator shall include, but are not limited to:

   (A)   Permit Review:

      1.   Review all development permits to determine that the permit requirements of this chapter have been satisfied.

      2.   Review all permits to determine that the site is reasonably safe from flooding.

      3.   Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1') at any point.

      4.   Review all proposals for the development of five (5) parcels or more to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development.

      5.   It is required that all other state/federal permits are obtained.

   (B)   Use Of Other Base Flood Data: When base flood elevation data has not been provided for a particular site in accordance with section 4-13-3-2, "Basis For Establishing The Areas Of Special Flood Hazard", of this chapter, the Elko County department of community development shall obtain, review and reasonably utilize any base flood elevation (BFE) data available from a federal, state or other source, in order to administer section 4-13-5 of this chapter.

   (C)   Information To Be Obtained And Maintained: Obtain and maintain for public inspection and make available as needed for flood insurance policies:

      1.   The certified elevation required in subsection 4-13-5-1(C)1 of this chapter;

      2.   The floodproofing certification required in subsection 4-13-5-1(C)2 of this chapter;

      3.   The certified elevation required in subsection 4-13-5-4(B) of this chapter; and

      4.   The anchoring certification for manufactured homes required in subsection 4-13-5-5(A) of this chapter.

   (D)   Alteration Of Watercourses:

      1.   Notify adjacent communities and the Nevada division of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.

      2.   Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

   (E)   Interpretation Of FIRM Boundaries: Make interpretations where needed, as to the 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 section 4-13-6 of this chapter.

   (F)   Maintenance Of Flood Protection Measures: The maintenance of any and all flood protection measures (levees, dikes, dams or reservoirs), will be required of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan will be required of the owner to be on file with the Elko County department of community development.

   (G)   Hazard Mitigation Plan: The Elko County planning commission shall weigh all requests for future floodplain development against the community's general plan. Consideration of the following elements is required before approval:

      1.   Determination if proposed development is in or affects a known floodplain.

      2.   Inform the public of the proposed activity.

      3.   Determine if there is a practicable alternative or site for the proposed activity.

      4.   Identify impact of the activity on the floodplain.

      5.   Ensure that a plan exists to mitigate the impact of the activity with regard to the provisions of subsection (A)4 of this section. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

When Elko County base flood elevations either 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, Elko County will submit the technical or scientific data to FEMA. Such submissions are necessary so that upon confirmation of the physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. (Ord. 2022-04, eff. 11-27-2022)

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.

      2.   All manufactured homes shall meet the anchoring standards of subsection 4-13-5-5(A) of this chapter.

   (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 using methods and practices that minimize flood damage.

      3.   All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the FIRM.

      4.   All electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

   (C)   Elevation And Floodproofing: The Elko County department of community development shall obtain, review, and reasonably utilize any base flood elevation (BFE) and floodway data available from a federal, state, or other source as criteria for requiring within areas of special flood hazard, the following:

      1.   New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to one foot (1') above the base flood elevation together with attendant utility and sanitary facilities. The base flood elevation for construction within a special floodplain is to be established by a licensed professional registered engineer or surveyor at the instance of the developer. Nonresidential structures may meet the standards in subsection (C)2 of this section. Upon completion of all structures, the elevation of the lowest floor, including basement, shall file an elevation certificate prepared by a licensed professional registered engineer or surveyor and verified by the local building inspector or floodplain administrator that elevation requirements have been met. Such certification shall be filed with the Elko County department of community development.

      2.   New construction and substantial improvement of any nonresidential structure shall either have the lowest floor, including basement, elevated to one foot (1') above the base flood elevation, together with attendant utility and sanitary facilities:

         a.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

         c.   Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification(s) shall be filed with the Elko County department of community development.

      3.   Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

      4.   Manufactured homes shall meet the standards set forth in section 4-13-5-5 of this chapter.

      5.   For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 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. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

   (D)   Drainage Paths: All new construction and substantial improvements within the AH or AO zones shall be constructed with adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

   (B)   Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltrating of floodwaters into the system and discharge from systems into floodwaters.

   (B)   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

   (B)   All final subdivision plans shall provide the elevation of the proposed structure(s) and pads. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and filed with the Elko County department of community development.

   (C)   Divisions of land into large parcels having more than fifty percent (50%) of any proposed new parcel identified as being within a special floodplain shall identify the special flood zone boundaries and the base flood elevation of each of the proposed parcels effected by the special floodplain. Consideration will be given the overall size of the proposed parcel and the proposed location of development. Discretion is provided to the floodplain administrator in the administration of this requirement. The divisions of land into large parcels map will provide finish floor elevations for proposed structure(s), pads, and utilities. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and filed with the Elko County department of community development.

   (D)   Parcel maps having more than twenty five percent (25%) of any proposed new parcel identified as being within a special floodplain shall identify the special flood zone boundaries and the base flood elevation of each of the proposed parcels effected by the special floodplain. Consideration will be given the overall size of the proposed parcel and the proposed location of development. Discretion is provided to the floodplain administrator in the administration of this requirement. The parcel map will provide finish floor elevations for proposed structure(s), pads, and utilities. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and filed with the Elko County department of community development.

   (E)   All subdivision, divisions of land into large parcel or parcel map proposals shall be consistent with the need to minimize flood damage.

   (F)   All subdivision, divisions of land into large parcel or parcel map proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

   (G)   All subdivision, divisions of land into large parcel or parcel map proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in subsection 4-13-4-3(A)4 of this chapter. Certification of compliance shall be required of the developer.

   (H)   Comprehensive base flood elevation data is required for subdivision, division of land into large parcels, and parcel maps proposals greater than fifty (50) lots or five (5) acres. The developer will provide finish floor elevations for all proposed road development, structure(s), pads, and utilities prepared by a licensed professional registered engineer. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   Anchoring: All manufactured homes and additions to manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods:

      1.   By anchoring, tying down and installation as set forth in state regulations promulgated pursuant to authority of Nevada Revised Statutes, chapter 489, in the Nevada state administrative code 489, 400-430.

      2.   Certification that the standards of this section have been met is required of the installer or state agency responsible for regulating the placement, installation and anchoring of individual manufactured home units. The certification shall be filed with the Elko County department of community development.

   (B)   Manufactured Home Parks And Manufactured Home Subdivisions: The following standards are required for: 1) manufactured homes not placed in manufactured home parks or subdivisions, 2) new manufactured home parks or subdivisions, 3) expansions to existing manufactured home parks or subdivisions and 4) repair, reconstruction, or improvements to existing manufactured home parks or subdivisions that equal or exceed fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

      1.   Adequate surface drainage and access for a hauler shall be provided.

      2.   All manufactured homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home is at or above the base flood level. If elevated on pilings:

         (a)   The lots shall be large enough to permit steps;

         (b)   The pilings shall be placed in stable soil no more than ten feet (10') apart; and

         (c)   Reinforcement shall be provided for pilings more than six feet (6') above the ground level.

   (C)   Standards In Specific Zones: All manufactured homes to be placed or substantially improved within zones A1-30, 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 (A) or (B) of this section.

   (D)   Certification Of Compliance: Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating manufactured home placement. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

All recreational vehicles placed on sites within the floodplain on the community's flood insurance rate map (FIRM) will either:

   (A)   Be on the site for fewer than one hundred eighty (180) consecutive days;

   (B)   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 security devices, and has no permanently attached additions; or

   (C)   Will meet the development permit requirements and the elevation and anchoring requirements for manufactured homes. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

Since the floodway is an extremely hazardous area due to the velocity of the floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

   (A)   If a floodway has not been designated within the special flood hazard areas established in Sub-section 4-13-3-2 (Basis for Establishing Areas of Special Flood Hazard), no new construction, substantial improvement, or other development (including fill) shall be permitted, unless it has been demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

   (B)   In designated floodways located within the special flood hazard areas established in Sub-section 4-13-3-2 (Basis for Establishing Areas of Special Flood Hazard) encroachment shall be prohibited, including fill, new construction, substantial improvements, storage of equipment or supplies, and any other development within the adopted regulatory floodway; unless it has been demonstrated through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge, and the Federal Emergency Management Agency has issued a Conditional Letter of Map Revision (CLOMR).

   (C)   If Sub-sections A and B (Floodways) have been satisfied; all proposed new development and substantial improvements will comply with all other applicable flood hazard reduction provisions of 4-13-5 (Provisions for Flood Hazard Reduction). (Ord. 2004-C, 9-1-2004, eff. 9-26-2004; amd. Ord. 2022-04; eff 11-27-2022)

   (A)   Warning: The federal emergency management agency (FEMA) does not recognize variances or waivers, therefore insurance rates will not be under the control of the program and will be at the discretion of the individual insurance company or broker. Any applicant to whom a variance or waiver is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   The Elko County planning commission as established by the board of Elko County commissioners shall hear and decide appeals and requests for variances from the requirements of this chapter.

   (B)   The Elko County planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Elko County department of community development relating to this chapter.

   (C)   Those aggrieved by the decision of the Elko County planning commission or any taxpayer, may appeal such decision to the fourth judicial district court in and for the county of Elko, state of Nevada.

   (D)   In passing upon such applications, the Elko County planning commission 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 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 system, and streets and bridges.

   (E)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (D)1 through (D)11 of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

   (F)   Upon consideration of the factors of subsection (D) of this section and the purposes of this chapter, the Elko County planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

   (G)   The Elko County department of community development shall maintain the records of all appeal actions and report any variances to the federal emergency management agency, upon request. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

   (A)   Generally, variances may be issued for new construction, substantial improvements, and other proposed new development to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 4-13-4 (Administration) and 4-13-5 (Provisions for Flood Hazard Reduction) of the ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

   (B)   Variances may be issued for the repair or rehabilitation of “historic structures,” as defined in Section 4-13-2 (Definitions), upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

   (C)   Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

   (D)   Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the {governing body} need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposed, but only to that elevation which the {governing body} believes will both provide relief and preserve the integrity of the local ordinance.

   (E)   Variances shall only be issued if the following conditions apply:

      1.   Showing of good and sufficient cause, such as renovation, rehabilitation or reconstruction. Request for variances for economic considerations, aesthetics or because variances have been used in the past are not good and sufficient cause;

      2.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

      3.    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 a nuisance, as cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

   (F)   Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions A through E (Conditions for Variances) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

   (G)   Upon consideration of all the factors of 4-13-6-2 and the purposes of this ordinance, the Elko County Planning Commission may attach such conditions to the granting of, variances as it deems necessary to further the purposes of this ordinance. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004; amd. Ord. 2022-04; eff 11-27-2022)

Within thirty (30) days of discovery of a violation of this chapter, the floodplain administrator shall send a letter to the owner of the property upon which the violation exists. The letter shall inform the property owner that the violation shall be corrected or that a plan of corrections shall be approved by the administrator within forty five (45) days of receipt of the letter.

If the violation is not corrected or a plan of corrections is not approved within forty five (45) days of notice of the violation, the administrator shall submit to the administrator of the federal insurance administration a declaration for denial of insurance, stating that the property is in violation of a cited statute or local law, regulation or ordinance, pursuant to section 1316 of the national flood insurance act of 1968, as amended. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)

If any provision of this chapter or amendments thereto, or the application thereof to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity of provisions or applications of the ordinance or amendments thereto which can be given effect without the invalid provision or application, and to this end the provisions of this chapter and amendments thereto are declared to be severable. (Ord. 2004-C, 9-1-2004, eff. 9-26-2004)