It is the purpose of this Zone to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:

   A.   Restriction 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 flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

   D.   Controlling filling, grading, dredging; and

   E.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwater or which may increase flood hazards in other areas. (Ord. 626, 10-7-2002)

This Zone shall apply to all areas of special flood hazards within the jurisdiction of City of Gooding, Gooding County, Idaho. (Ord. 626, 10-7-2002)

The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Insurance Rate Map (FIRM), is adopted by reference and declared to be a part of this Title. (Ord. 626, 10-7-2002)

A building permit shall be obtained before construction or development begins within any area of special flood hazard. The permit shall be for all structures including manufactured homes, as set forth in and for all other development including fill and other activities. (Ord. 626, 10-7-2002)

All references within this Chapter to "building permits" shall include the purchase of a permit for development as the term "development" is defined under this Title. (Ord. 626, 10-7-2002)

The Building Inspector shall administer and implement this Zone by granting or denying building permit applications in accordance with its provisions. Duties of the City designee shall include but not be limited to:

   A.   Permit Review:

      1.   Review all building permit applications to determine that all permit requirements of this Zone have been satisfied;

      2.   Review all building permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

      3.   Review all building permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 11-8-8 are met.

   B.   Use Of Other Base Flood Data: When base flood elevation data has not been provided the City 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 A, B, and C of Section 11-8-8.

   C.   Information To Be Obtained And Maintained:

      1.   Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 11-8-7, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

      2.   For all new or substantially improved flood proof structures:

         a.   Verify and record the actual elevation (in relation to mean sea level),

         b.   Maintain the flood proofing certifications required in subsection B3 of Section 11-8-8.

      3.   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;

      4.   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

   D.   Interpretation Of FHBM Boundaries: Make interpretation where needed, as to exact location of the boundaries of the areas of special flood hazards. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards, rules and regulations of the National Flood Insurance Program. (Ord. 626, 10-7-2002)

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 must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and protectives that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" Guidebook For Additional Techniques).

   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 protectives that minimize flood damage.

      3.   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 floodwaters into the system.

      2.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater.

      3.   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

   D.   Subdivision Proposals:

      1.   All subdivision proposals shall be consistent with the need to minimize flood damage.

      2.   All subdivision 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 proposals shall have adequate drainage provided to reduce exposure to flood damage.

      4.   Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed development 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 in these zones may result in higher insurance rates. (Ord. 626, 10-7-2002)

In all areas of special flood hazards where base flood elevation data have been provided by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study For the City of Gooding," dated 1985, on file at the City Hall, Gooding, Idaho, and declared to be part of this Chapter, with accompanying flood insurance maps, the following provisions are required:

   A.   Residential Construction:

      1.   New construction and substantial improvement of any residential structure shall have the lowest floor, including the 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 floodwater. Designs for meeting this requirement 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 that they permit the automatic entry and exit of floodwater.

   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 flood proof 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;

      3.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards, proactive for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection C2 of Section 11-8-6;

      4.   Nonresidential structures that are elevated, not flood proof, must meet the same standards for space below the lowest floor as described in Section 11-8-8;

      5.   Applicants flood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the flood proof level (e.g. a building constructed to the base flood level will be rated as 1' below that level).

   C.   Manufactured Homes: All manufactured homes to be placed or substantially improved within Zones R-1, R-2, C, I-L, as set forth on the Flood Insurance Rate Map, 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 Section 11 -8-7A.

   D.   Floodway: Located within areas of special flood hazard established in Section 11-8-3 are areas designated as floodway. Since the floodway is an extremely hazardous area due to the velocity of floodwater, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

      1.   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;

      2.   Prohibit the placement of any manufactured homes, except in an existing manufactured or mobile home park or existing manufactured or mobile home subdivision. (Ord. 626, 10-7-2002)

The City in issuing a building permit for construction within this Zone makes no representation to the applicant of the City's compliance with federal and state laws because a report entitled "The Flood Insurance Study For the City of Gooding," with accompanying flood insurance maps, has not been completed and submitted to the City by the Federal Flood Insurance Program; therefore, the City makes no representation pertaining to the issuance of permits within floodplain or the ability of the applicant to obtain federally sponsored financing for construction or sale of a building or that the applicant will be able to obtain national flood insurance. (Ord. 626, 10-7-2002)