Hailey City Zoning Code
CHAPTER 17
04 ESTABLISHMENT, PURPOSES AND USES WITHIN ZONING DISTRICTS
17.04.010: ESTABLISHED:
The following zoning districts and uses within each zoning district are hereby established. (Ord. 1191, 2015)
17.04A.010: PURPOSE:
The purpose of the recreational green belt district shall be to provide areas for public recreation and/or to create and preserve open and/or green space areas for aesthetic and public use. All uses within the RGB district shall be compatible with the protection of natural and scenic resources for the benefit of present and future generations. (Ord. 1191, 2015)
17.04A.020: PERMITTED USES:
Permitted uses for the RGB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04A.030: CONDITIONAL USES:
Conditional uses for the RGB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04A.040: ACCESSORY USES:
Accessory uses for the RGB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04A.050: BULK REQUIREMENTS:
The bulk requirements for the RGB district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title. (Ord. 1191, 2015)
17.04B.010: SCOPE AND PURPOSE:
A. Within the LR zoning district, there are two (2) subdistricts, LR-1 and LR-2 subdistricts. The following provisions are identical for both LR-1 and LR-2, except the minimum lot size.
B. The purpose of the LR district is to provide areas for stable, low density, single-family residential development and a limited number of other uses compatible with a residential neighborhood. (Ord. 1191, 2015)
17.04B.020: PERMITTED USES:
Permitted uses for the LR district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04B.030: CONDITIONAL USES:
Conditional uses for the LR district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04B.040: ACCESSORY USES:
Accessory uses for the LR district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04B.050: BULK REQUIREMENTS:
The bulk requirements for the LR district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
(Ord. 1191, 2015)
17.04C.010: PURPOSE:
The purpose of the GR district is to provide areas for a variety of residential uses, and a limited number of other uses compatible with this type of residential development. The intent is to preserve the favorable amenities associated with a residential neighborhood. (Ord. 1191, 2015)
17.04C.020: PERMITTED USES:
Permitted uses for the GR district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04C.030: CONDITIONAL USES:
Conditional uses for the GR district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04C.040: ACCESSORY USES:
Accessory uses for the GR district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04C.050: BULK REQUIREMENTS:
A. General: The bulk requirements for the GR district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04D.010: PURPOSE:
The purpose of the NB district is to provide areas for neighborhood service centers, increase convenience to neighborhood residents and promote other forms of multi-modal transportation and circulation. The uses in the NB district shall be limited commercial uses that will be clearly subordinate to, and support the residential nature of, the area. (Ord. 1191, 2015)
17.04D.020: PERMITTED USES:
Permitted uses for the NB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04D.030: CONDITIONAL USES:
Conditional uses for the NB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04D.040: ACCESSORY USES:
Accessory uses for the NB district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04D.050: BULK REQUIREMENTS:
A. General: The bulk requirements for the NB district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
B. Parking: No parking shall be allowed in any setback adjacent to a public street.
C. Prohibited Applications Of District:
1. The NB district shall not be applied to any property larger than three (3) acres in size.
2. The NB district shall not be applied to any property within three thousand feet (3,000') of the central business district. (Ord. 1191, 2015)
17.04E.010: PURPOSE:
The purpose of the LB district is to provide areas for a wide range of residential uses, restricted business uses and medical facilities. The LB district is intended to allow for commercial uses that would not detract from the established downtown retail businesses, hence general retail is not allowed. (Ord. 1191, 2015)
17.04E.020: PERMITTED USES:
Permitted uses in the LB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04E.030: CONDITIONAL USES:
Conditional uses in the LB district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04E.040: ACCESSORY USES:
Accessory uses in the LB district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04E.050: BULK REQUIREMENTS:
The bulk requirements for the LB district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title. (Ord. 1191, 2015)
17.04E.060: ADDITIONAL REGULATIONS:
Project features that may have a negative impact upon adjacent property shall be buffered from adjacent property by a solid fence or landscape screening. (Ord. 1191, 2015)
17.04F.010: PURPOSE:
The purpose of the TN district is to provide a buffer zone between residential and business areas within the townsite overly district. The zone provides for restricted business activities within residential areas which are directly adjacent to or across a street or alley from established business zones. Uses shall be limited to those that generate relatively little traffic. The residential character of the area shall be maintained by preserving the existing buildings and requiring new building designs in keeping with the residential nature of the area, and requiring adequate on site parking. The term "transitional" does not imply that the properties within the district will be transitioning from residential to business zoning. (Ord. 1191, 2015)
17.04F.020: PERMITTED USES:
Permitted uses for the TN district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04F.030: CONDITIONAL USES:
Conditional uses in the TN district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04F.040: ACCESSORY USES:
Accessory uses in the TN district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04F.050: BULK REQUIREMENTS:
A. General: The bulk requirements for the TN district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
B. Maximum Lot Coverage: The maximum lot coverage is thirty percent (30%), except as follows:
Forty percent (40%) lot coverage shall be allowed where at least seventy five percent (75%) of required parking spaces are enclosed within a structure. (Ord. 1191, 2015)
17.04G.010: PURPOSE:
The purpose of the B district is to provide areas for general business and commercial activities and a limited number of residential uses. (Ord. 1191, 2015)
17.04G.020: PERMITTED USES:
Permitted uses for the B district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04G.030: CONDITIONAL USES:
Conditional uses for the B district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04G.040: ACCESSORY USES:
Accessory uses in the B district are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04G.050: BULK REQUIREMENTS:
A. General: The bulk requirements for B district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
B. Residential Percentage: Maximum residential percentage on ground level is fifty percent (50%) of gross floor area. (Ord. 1191, 2015)
17.04H.010: PURPOSE:
The purpose of the LI district is to provide areas for light industrial operations and limited related (or associated) retail sales. "Limited related retail sales" is defined as restricted to retail sales clearly associated with and secondary to the permitted use and of the type not normally located in downtown business districts (e.g., the retail sale of auto parts by an auto dealership). The area is characterized by industrial and service type traffic usage and patterns, and light manufacturing or construction related services. The intent is to group these uses that demand similar circulation patterns and service requirements together and provide regulations to preserve the integrity of the industrial uses while ensuring the health, welfare and safety of the community. (Ord. 1191, 2015)
17.04H.020: PERMITTED USES:
Permitted uses for the LI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04H.030: CONDITIONAL USES:
Conditional uses for the LI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04H.040: ACCESSORY USES:
Accessory uses in the LI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04H.050: BULK REQUIREMENTS:
The bulk requirements for the LI district described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title. (Ord. 1191, 2015)
17.04H.060: ADDITIONAL REGULATIONS:
A. Objectionable Conditions Prohibited: No land or building in the LI district shall be used or occupied in any manner creating dangerous, injurious, noxious, or any other objectionable conditions which could adversely affect the surrounding areas or adjoining premises. Appropriate measures shall be taken to reduce dangerous and objectionable conditions to acceptable limits as established by the following requirements:
1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the IFC.
2. Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity or electrical disturbances.
3. Noise: Objectionable noise as determined by the commission which is due to volume or frequency, shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
4. Vibration: Vibration which can be detected without instruments on any adjoining lot or property shall be prohibited.
5. Air And Water Pollution: Air and water pollution shall be subject to the requirements and regulations established by the state of Idaho.
6. Glare: No direct or reflected glare shall be permitted which is visible from any property outside the LI district or from any street.
7. Erosion: No erosion by man, wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
B. Storage Of Materials: All materials, with the exception of trees and plant materials stored on the premises, and all machinery and vehicles other than those for sale or display, or parked temporarily, shall be stored within a building or within a wall or fence not less than five (5) nor more than six feet (6') in height. Subject to approval of the administrator, earth berms and landscaping with sufficient height and density may be substituted for a wall or fence.
C. Landscaping: Landscaping shall be provided and maintained on all lots. Landscaping shall include a minimum of one (1), two-and-one-half inch (2 ½”) caliper tree for every two thousand (2,000) square feet of lot size. A mix of native shrubs, grasses, and/or flowers, and a ground cover of decorative mulch, bark, and/or rock shall also be integrated onsite. Turf/lawn is prohibited in the LI District. Berm-building along street frontages is encouraged.
D. Screening: Landscape screening shall be provided and maintained along the entirety of all LI property lines adjacent to the RGB, GR, LR, and TN zoning districts. Such landscaping shall, at a minimum, consist of:
1. A hedge, solid wall or solid fence not less than five feet(5') and no more than six feet (6') in height, or a berm no more than three feet (3') in height, with a row of trees, a minimum of two-and-one-half (2 ½") caliper in size, planted adjacent to said hedge, berm, solid wall or solid fence, and interior to the lot line. Trees that have ben incorporated onsite and utilized as landscape screening may be credited towards the minimum tree count requirements for the lot based on square footage.
2. Low growing evergreen shrubs, pollinator-friendly plantings, xeriscape plantings, and/or native bunch grasses along lot lines adjacent to RGB, GR, LR, and TN Districts are also encouraged. (Ord.1334, 2024)
17.04I.010: PURPOSE:
The purpose of the TI district is to provide a permanent, year round employment base, including research and development, technological industries, uses related to the building, maintenance and construction professions, and limited light industry. (Ord. 1191, 2015)
17.04I.020: PERMITTED USES:
Permitted uses in the TI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04I.030: CONDITIONAL USES:
Conditional uses in the TI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04I.040: ACCESSORY USES:
Accessory uses in the TI district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04I.050: BULK REQUIREMENTS:
The bulk requirements for the TI district are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title. (Ord. 1191, 2015)
17.04I.060: ADDITIONAL REGULATIONS:
A. Uses; Adverse Conditions: All uses in the TI district shall conform to the comprehensive plan and shall be reviewed for conditions that may be hazardous, including, but not limited to, traffic hazards, parking overflow, noise, cinders, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste. Any conditions that could adversely affect the surrounding areas are subject to review upon application for design review. The commission may require mitigation including, but not limited to, enclosure within a structure, landscape buffering or alternate method of operation.
1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved and as specified in the international fire code.
2. Air And Water Pollution: All uses shall be subject to the requirements and regulations established by the federal, state and local regulations. All users shall be connected to the city of Hailey water and sewer systems and comply with the requirements for using the system.
B. Storage Of Materials: All materials, with the exception of trees and plant materials stored on the premises, and all machinery and vehicles other than those for sale or parked temporarily shall be stored within a building or within a wall or fence not less than five (5) nor more than six feet (6') in height. Earth berms and landscaping with sufficient height and density may be substituted for a wall or fence.
C. Landscaping: Landscaping shall be provided and maintained in all required yards.
D. Screening: Landscape screening shall be provided and maintained in the required yards adjacent to the RGB, GR, LR and TN zoning districts to protect these areas from undue intrusion of noise, light, odors and other influences. Such landscaping shall, at a minimum, consist of:
1. A hedge, berm, solid wall or solid fence not less than five (5) nor more than six feet (6') in height along any side or rear yards.
2. One row of evergreen trees or a mixture of each placed no further apart than fifteen feet (15').
3. Lawn, low growing evergreen shrub, evergreen or ground cover on the balance of the required landscaped yards. (Ord. 1191, 2015)
HA1025 17.04J.txt ()
17.04J.010: PURPOSE, STATUTORY AUTHORITY AND OBJECTIVES:
A. Statutory Authority: The Legislature of the State of Idaho, pursuant to Idaho Code sections 46-1020, 46-1022, 46-1023, and 46-1024 authorizes local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the City Council of the City of Hailey, Idaho, does hereby ordain as follows.
B. Statement Of Purpose: The purpose of this article is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. Protect human life, health, and property;
2. Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
3. Help maintain a stable tax base by providing for the sound use and development of flood prone areas;
4. Minimize expenditure of public money for costly flood control projects;
5. Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;
6. Minimize prolonged business interruptions;
7. Ensure potential buyers are notified the property is in an area of special flood hazard;
8. Ensure those who occupy the areas of special flood hazard assume responsibility for their actions;
9. Minimize the expense and inconvenience to property owners and the general public associated with flood conditions;
10. Preserve the natural characteristics of watercourses and natural protective barriers that help channel floodwater;
11. Preserve, protect and enhance the fish, wildlife and riparian plant habitats; and
12. Provide a formal procedure for proposed developments and other encroachments in the floodplain or floodway and for stream alterations.
C. Objectives And Methods Of Reducing Flood Losses: In order to accomplish its purpose, this article includes methods and provisions to:
1. Require that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;
2. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;
3. Control filling, grading, dredging, and other development which may increase flood damage or erosion;
4. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands; and
5. Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store flood waters. (Ord. 1234, 2018)
17.04J.020: DEFINITIONS:
The following definitions shall be used to define words and phrases within this article. All other words and phrases not defined in this section, shall be defined by chapter 17.02 of this title:
ADDITION (To An Existing Building): An extension or increase in the floor area or height of a building or structure.
AREA OF SHALLOW FLOODING: A designated AO, AH, AR/AO, or AR/AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD: See definition of special flood hazard area (SFHA).
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
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 (1%) 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 subgrade (below ground level) on all sides.
CHANNEL: A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, and which, in the absence of evidence to the contrary, shall be presumed to consist of the area between the boundaries of vegetation on either side of the watercourse.
CRITICAL FACILITIES: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, including public service facilities, public uses, and public utility facilities, such as a hospital, emergency operations center, electric substation, sewer lift station, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.
DATUM: A common vertical elevation reference point, usually in relation to sea level. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the Federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).
DEVELOPMENT: Any man-made 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, or storage of equipment or materials, remodeling or repair; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees.
DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; and the construction or elevation of dikes, berms and levees.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): The digital official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
ELEVATED BUILDING: For flood insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION: Height above a given datum.
ELEVATION CERTIFICATE: The elevation certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information necessary to ensure compliance with community floodplain management regulations; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based On Fill (LOMR-F).
ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.
ENCROACHMENT: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION: A manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, dated February 8, 1988.
EXISTING STRUCTURES: See definition of existing construction.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The Federal agency with the overall responsibility for administering the National Flood Insurance Program (NFIP).
FILL: The intentional placement of material (from any source, including the subject property) that raises the ground (natural grade), not including deposition resulting from a naturally occurring event.
FLOOD ELEVATION DETERMINATION: See definition of base flood elevation (BFE).
FLOOD ELEVATION STUDY: See definition of Flood Insurance Study (FIS).
FLOOD FRINGE: The portion of the floodplain outside of the floodway covered by floodwaters during the base flood.
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS): 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.
FLOOD OR FLOODING: A. A general and temporary condition of partial or complete inundation of normally dry land from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection A2 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.
B. 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 subsection A1 of this definition.
FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.
A. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet (2') of freeboard; and
B. In special flood hazard areas where no BFE has been established, this elevation shall be at least two feet (2') above the highest adjacent grade.
FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees, or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
FLOOD ZONE: A geographical area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area.
FLOODPLAIN: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the base flood that is specifically defined as the "special flood hazard areas inundated by 100-year flood" on the current edition of the flood insurance rate map (FIRM), or as modified by FEMA by an interpretation of on-site elevations. The riverine floodplain includes the floodway and the flood fringe.
FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of this article, prior to the commencement of any development activity.
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 floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as a floodplain 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.
FREEBOARD: A factor of safety usually expressed in feet above a flood level, the BFE, for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be two feet (2').
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.
GRADING: Shaping the ground surface, usually by earth-moving equipment such as graders.
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:
A. 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;
B. 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;
C. 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
D. Individually listed on a local inventory of historic places and determined as eligible by 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.
LETTER OF MAP CHANGE (LOMC): A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision Based On Fill (LOMR-F).
Conditional Letter Of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Upon submission and approval of certified as-built documentation, a Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM building permits and/or floodplain development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
Letter Of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.
Letter Of Map Revision (LOMR): FEMA's modification to an effective Flood Insurance Rate Map (FIRM) or a Flood Boundary and Floodway Map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM), and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.
Letter Of Map Revision Based On Fill (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM, FBFM, or FIS report.
LEVEE: A man-made structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the FEMA elevation certificate for LAG related to building elevation information.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement is not considered a structure's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR section 60.3 and this article.
MANUFACTURED HOME: A structure, transportable in one or more sections, built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
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.
MARKET VALUE: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
MEAN HIGH WATER MARK: The mark on all watercourses, where the presence and action of waters is so common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation and destroying its value for agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North America Vertical Datum of 1988 - NAVD88) to which base flood elevations (BFEs) shown on a community's FIRM are referenced.
MUDSLIDE (i.e., MUDFLOW): Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
MUDSLIDE (i.e., MUDFLOW) AREA MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.
MUDSLIDE (i.e., MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a Federal program created by Congress to mitigate future flood losses nationwide through sound, community-enforced building and zoning ordinances and to provide access to affordable, Federally backed flood insurance protection for property owners.
NEW CONSTRUCTION: For floodplain management purposes, a structure 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.
Any construction started after February 8, 1988 and before the effective start date of this article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A place where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community, effective FIRM dated November 26, 2010.
POST-FIRM: Construction or other development for which the "start of construction" occurred on or after February 8, 1988, the effective date of the initial Flood Insurance Rate Map (FIRM).
PRE-FIRM: Construction or other development for which the "start of construction" occurred before February 8, 1988, the effective date of the initial Flood Insurance Rate Map (FIRM).
RECREATIONAL VEHICLE: A vehicle that is:
A. Built on a single chassis, and
B. Four hundred (400) square feet or less when measured at the largest horizontal projection, and
C. Designed to be self-propelled or permanently towed by a light duty truck, and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY: See definition of floodway.
REMEDY A VIOLATION: To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS STRUCTURE: An NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000.00) each in any 10-year period since 1978.
RIPARIAN SETBACK: The distance measured at right angles from the mean high water mark of a waterway, between the mean high water mark and an imaginary line parallel to the mean high water mark, defining an area between such lines within which no building, deck or other applicable structure may be placed, and whereby any existing vegetation shall remain undisturbed.
RIVER RESTORATION PROJECT: A project that is primarily designed to improve or restore fish and wildlife habitat within the floodplain, including associated stream bank restoration and stabilization.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".
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 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.
STREAM ALTERATION: To obstruct, diminish, destroy, alter, modify, relocate or change the existing shape of the natural channel within or below the mean high water mark, including the removal of material or structures in the stream channel.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
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 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:
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 and which are the minimum necessary 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" and the alteration is approved by variance issued pursuant to this article.
TEMPERATURE CONTROLLED: Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE: A grant of relief by the Governing Body from a requirement of this article.
VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the finished construction elevation certificate, other certifications, or other evidence of compliance required in 44 CFR section 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.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1234, 2018)
17.04J.030: GENERAL PROVISIONS:
A. Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of the City of Hailey. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by this title.
B. Basis For Special Flood Hazard Areas:
1. Special Flood Hazard Areas Adopted By Reference: The special flood hazard areas identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS) for Blaine County, Idaho and Incorporated Areas, dated November 26, 2010, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at the Office of the Community Development Department at 115 Main Street South, Hailey, Idaho. The DFIRM is available on Blaine County's website at: http://maps.co.blaine.id.us/jsapi/ParcelInfoMap.html.
2. Floodway And Floodplain Regulations: The Flood Hazard Overlay District is divided into two (2) subdistricts, the Floodway Subdistrict and the Floodplain Subdistrict. The boundaries of these subdistricts are indicated on the FIRM(s).
3. Boundaries: The precise boundaries of the Floodway and Floodplain Subdistrict boundaries may be determined by on site elevations as interpreted from the adopted flood insurance study. Interpretations of the elevation information can result in a floodplain/floodway area greater than that depicted on the FIRMs. The floodplain/floodway areas cannot be less than the area depicted on the FIRMs unless changed by a Letter of Map Revision (LOMR). All land within the external boundary of the Floodplain Subdistrict shall be considered to be within the floodplain and all land within the external boundary of the Floodway Subdistrict shall be considered to be within the floodway, and governed by the provisions of this district.
C. Floodplain Development Permit Requirement: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard area. Table 1 of this section outlines the types of permits that are required for specific types of activities and which standards are applicable to those activities. Examples provided under each activity type are intended to be illustrative in nature and are not an exhaustive list of possible actions for that activity type. Please consult the Floodplain Administrator for additional information.
City of Hailey TABLE 1
CITY OF HAILEY FLOODPLAIN DEVELOPMENT PERMIT (FPDP) MATRIX
Activity | No FPDP Required | FPDP Required | Applicable Development Standards In This Article1 | |||
RAD2 Allowed | Non-Substantial FPDP | Substantial FPDP | ||||
Activity | No FPDP Required | FPDP Required | Applicable Development Standards In This Article1 | |||
RAD2 Allowed | Non-Substantial FPDP | Substantial FPDP | ||||
Does not meet definition of "development". Examples: | X | None | ||||
Appliance repair | ||||||
Farming/vegetable gardening | ||||||
House painting | ||||||
Lawn maintenance | ||||||
Re-roofing | ||||||
Weeding | ||||||
Meets definition of "development", but scope or work is de minimis in nature. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Construction of a chicken coop | 17.04J.060A1 - A3, A7, A9, A10, A11, A18, and B7 | |||||
Installation of flag pole or mail box | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor driveway repair | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor earthwork project | 17.04J.060A1 - A3, A7, A9, A10, A11, A18 | |||||
Minor remodel/repair | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Meets definition of "development", but does not approach substantial improvement and is unlikely to affect BFE3. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Construction of detached accessory structure | 17.04J.060A1 - A7, A9 - A18 and B7 | |||||
Installation of a storage tank | 17.04J.060A1 - A7, A9 - A18 and B8 | |||||
Moderate remodel | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Moderate residential addition | 17.04J.060A1 - A7, A9 - A18 and B4 | |||||
Storage of RV on site | 17.04J.060B5 | |||||
Temporary non-residential structure | 17.04J.060A1 - A7, A9 - A18 and B6 | |||||
Meets definition of "development", "new construction", "substantial improvement/damage" or has the potential to affect the BFE3. Examples: | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
New commercial building | 17.04J.060A1 - A7, A9 - A18, B2, and B9 | |||||
New residential building | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Residential substantial damage | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Residential substantial improvement | 17.04J.060A1 - A7, A9 - A18, B1, and B9 | |||||
Involves "development" in the floodway or below the mean high water mark | X | 17.04J.060A, "General Standards", B, "Specific Standards", and 17.04J.070, "City Issued Stream Alteration Permit" | ||||
Subdivisions | X | 17.04J.060A, "General Standards", and B, "Specific Standards" | ||||
Notes:
1. Additional standards may apply, depending on actual scope of work.
2. Administrative procedure of review, assess and document.
3. Base flood elevation.
1. The term "development" shall not apply to routine maintenance of existing, permitted, vegetative landscaping that does not alter topography or to isolated cosmetic building maintenance projects that do not constitute substantial improvement, such as:
a. Mowing or cutting of weeds, trees and other nuisance growth, except in the riparian setback as regulated by subsection 17.04J.040B4e of this article;
b. Lawn maintenance activities, such as mowing, fertilizing and weed control;
c. Pulling of weeds;
d. General farming, pasture, horticultural activities, and forestry that do not involve any clearing/grubbing of an area;
e. Planting of seeds, and plants from one gallon or smaller containers;
f. Raking, sweeping, leaf blowing and other seasonal yard clean- up activities;
g. House painting, interior or exterior, not in conjunction with a larger remodel project;
h. Roofing material replacement, not in conjunction with a larger remodel project; and
i. Appliance repair.
2. All applications for a floodplain development permit for a subdivision shall be evaluated and approved or denied by the commission and Council at the same time as the preliminary and final plat applications, in accordance with the subdivision ordinance.
3. All other floodplain development permit applications, with the exception of stream alteration permits, shall be evaluated and approved or denied by the Floodplain Administrator. At the Floodplain Administrator's discretion, minor projects, that do not alter existing topography or flood carrying capacity, are not candidates for substantial improvement and/or do not involve replacement of utilities, may be permitted through an expedited review, assess and document (RAD) process. Said documentation shall be maintained by the jurisdiction in perpetuity.
4. Stream alteration permits shall be considered by the commission per the requirements of section 17.04J.070, "City Issued Stream Alteration Permit", of this article.
D. Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations.
E. Repeal And Greater Restrictions: This article shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. However, where this article and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
F. Interpretation: In the interpretation and application of this article all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the Governing Body; and
3. Deemed neither to limit nor repeal any other powers granted under State Statutes.
G. Warning And Disclaimer Of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes, such as ice jams, increased bedload in the river and bridge openings restricted by debris. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of City of Hailey or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder. Each and every licensed real estate agent, salesperson and broker, and each and every private party who offers for sale a parcel of real property and/or structure for sale within the Flood Hazard Overlay District shall provide the prospective purchaser with notice that the real property and/or structure is located within the Flood Hazard Overlay District and that it is subject to all applicable regulations of this Code.
H. Penalties For Violation: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) or imprisoned for not more than one hundred eighty (180) days, or both. Each day the violation continues shall be considered a separate offense. All enforcement provisions of chapter 17.15 of this title shall be applicable to any violation of this article. Nothing herein contained shall prevent the City of Hailey from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 1234, 2018)
17.04J.040: FLOODWAY AND FLOODPLAIN REGULATIONS:
A. Floodway Subdistrict Use Regulations: Uses in the Floodway Subdistrict are limited to the following:
1. Permitted Uses:
City projects and infrastructure, such as bridges and utility crossings, provided a stream alteration permit and a no rise certificate has been issued.
Open space recreation uses, provided the uses do not involve development.
River restoration projects, provided a stream alteration permit and a no rise certificate is issued.
2. Prohibited Uses: All other uses are strictly prohibited.
B. Floodplain Subdistrict Use Regulations: Uses in the Floodplain Subdistrict are limited to the following:
1. Permitted Uses:
Open space and recreational uses, provided the uses do not involve development.
River restoration projects, provided a stream alteration permit is issued.
2. Permit Required: Uses requiring a floodplain development permit:
Any development.
Subdivisions.
3. Prohibited Uses:
Any use not mentioned herein that is susceptible to flood damage from the base flood or that could potentially cause flood damage from such a flood to other property.
RVs and ATVs stored or kept outdoors on any property more than one hundred eighty (180) consecutive days; RVs and ATVs or other vehicles must be fully licensed and ready for highway use.
4. Bulk Requirements: For other supplementary location and bulk regulations, see chapter 17.07 of this title.
a. Minimum Lot Size: Twenty thousand (20,000) square feet for buildable lots. No minimum lot size for unbuildable lots. All land lying within the Floodway Subdistrict shall not be included in determining lot size.
b. Minimum Lot Width: Seventy five feet (75').
c. Minimum Front Yard Setback: Twenty five feet (25').
d. Minimum Side And Rear Yard Setback: The setback from the adjacent property line shall be one foot (1') for every two feet (2') of building height for all portions of the building exceeding twenty feet (20') in height, however, no side or rear yard shall be less than ten feet (10').
e. Riparian Setback: Unless otherwise provided for herein, all permanent development, including buildings and structures, fences, signage and other similar features in the Flood Hazard Overlay District shall have a one hundred foot (100') wide riparian setback from the mean high water mark of the Big Wood River. Wayfinding or interpretative signage that has been permitted and is serving a public or semi-public purpose, shall be exempt from this provision. Removal of live vegetation or excavation within the riparian setback is prohibited, except for any tree that has been recommended for removal by a certified arborist, in writing, because the tree has been found to potentially endanger the resident(s) of the property on which it is located or any member of the public, or has become hazardous to any street, alley or other public right-of-way or public utility, or because the removal of a tree would substantially improve the health of other trees on the property. Pruning of trees and planting of riparian trees, shrubs and ground cover within the riparian setback are allowed; provided, however, that all plantings conform to the condition set forth in subsection 17.04J.060H8 of this article. Where the application of the one hundred foot (100') riparian setback and other applicable setbacks will result in a building site of one thousand (1,000) square feet or less, the riparian setback may be reduced to such an extent that the building site is one thousand (1,000) square feet; provided, however, the riparian setback shall not be less than fifty feet (50').
C. Nonconforming Uses In Flood Hazard Overlay District: Structure or the use of a structure or premises which was lawful before the passage or amendment of this article, but which is not in conformity with the provisions of this district may be continued subject to the following conditions:
1. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
2. If any nonconforming use or structure is partially or completely destroyed, it shall not be reconstructed, except in conformity with the provisions of this article.
3. Uses which are or become nuisances, as defined by title 8, chapter 8.04 of this Code, shall not be entitled to continue as nonconforming uses.
4. Any alteration, addition or repair to any nonconforming structure which would result in substantial improvement shall be required to obtain a floodplain development permit pursuant to subsection 17.04J.030C, "Floodplain Development Permit Requirement", of this article. (Ord. 1234, 2018)
17.04J.050: ADMINISTRATION:
A. Designation Of Floodplain Administrator: The Community Development Department Director, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article.
B. Duties And Responsibilities Of The Floodplain Administrator: The Floodplain Administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas, but outside the floodway, to assure that the requirements of this article have been satisfied, that the proposed development is reasonably safe from flooding, and to make recommendations to approve, conditionally approve or deny any floodplain development permits according to the procedures set forth in this article.
2. Review all stream alteration permit applications per the provisions set forth in section 17.04J.070, "City Issued Stream Alteration Permit", of this article.
3. Review all proposed development within special flood hazard areas to assure that all necessary local, State, and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334, Idaho Department of Water Resources stream channel alteration permits, and documentation of sections 9 and 10 of the Federal Endangered Species Act, if applicable.
4. Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
5. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.
6. Enforce regulations pertaining to encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 17.04J.060E, "Standards For Floodways", of this article are met.
7. Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
8. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
9. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
10. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsection C3, "Certification Requirements", of this section and subsection 17.04J.060B2, "Non-Residential Construction", of this article.
11. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or flood fringe areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
12. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data or flood fringe area data available from a Federal, State, or other source developed using current Federal engineering standards and practices, including data developed pursuant to subsection 17.04J.060C2 of this article, in order to administer the provisions of this article.
13. When base flood elevation (BFE) data is provided but no floodway or flood fringe area data has been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any floodway data or flood fringe area data available from a Federal, State, or other source in order to administer the provisions of this article.
14. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of subsection D, "Corrective Procedures", of this section.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of the community's mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
23. In certain instances, there may be the need for expert review by a third party of the technical data submitted by the applicant. It shall be at the sole discretion of the Floodplain Administrator to determine whether such review is required. Such technical review shall be paid for by the applicant. The applicant shall pay the City the estimated cost of the expert review prior to further processing of the application by the City. If additional costs are incurred, the applicant shall pay those prior to issuance of a floodplain development permit.
C. Floodplain Development Application, Permit, And Certification Requirements:
1. Application Requirements: Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
a. One full-sized paper and one electronic copy of all submittal materials including a completed and signed application form.
b. A plot plan, drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
(1) Topographic and physical features, including:
(A) The existing contours with intervals of one foot (1') or less of the elevation of the entire property;
(B) The proposed contours with intervals of one foot (1') or less of the elevation of the entire property; and
(C) The location, dimensions and elevations (measured from mean sea level) of the proposed improvements, including buildings, structures, fill, drainage facilities, driveways and streets;
(2) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
(3) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article or a statement that the entire lot is within the special flood hazard area;
(4) The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
(5) The boundary of the floodway(s) or flood fringe area(s) as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
(6) The base flood elevation (BFE) where provided as set forth in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", 17.04J.030C, "Floodplain Development Permit Requirement", or 17.04J.060C, "Standards For Floodplains Without Established Base Flood Elevations", of this article;
(7) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
(8) The certification of the plot plan by a registered land surveyor or professional engineer for all new construction and as determined necessary by the Floodplain Administrator.
c. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
(1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
(3) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
d. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
e. A foundation plan, drawn to scale and stamped by a design professional, licensed in the State of Idaho, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:
(1) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
(2) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 17.04J.060A6b(1) through A6b(6) of this article when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
f. Usage details of any enclosed areas below the lowest floor.
g. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
h. Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.
i. Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 17.04J.060B5 and B6 of this article are met.
2. Permit Requirements: The floodplain development permit shall include, but not be limited to:
a. A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving, excavation or storage of equipment or materials, etcetera).
b. The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article.
c. The flood protection elevation required for the lowest floor and all attendant utilities.
d. The flood protection elevation required for the protection of all public utilities.
e. All certification submittal requirements with timelines.
f. A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.
g. The flood openings requirements, if in Zones A, AE, AH, AO, or A1-30.
h. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
i. A statement of the limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only).
j. A statement that all building materials below BFE/FPE must be flood resistant materials.
3. Certification Requirements:
a. Elevation Certificates:
(1) A Construction Drawings Elevation Certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction, addition of living space or substantial improvement. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
(2) A Building Under Construction Elevation Certificate (FEMA Form 86-0-33) is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(3) A final as-built Finished Construction Elevation Certificate (FEMA Form 86-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
b. Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
c. Foundation Certification: If a manufactured home is placed within Zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 17.04J.060B3b of this article.
d. Certification Exemptions: The following structures, if located within Zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in subsections C3a and C3b of this section:
(1) Recreational vehicles meeting requirements of subsection 17.04J.060B5a of this article;
(2) Temporary structures meeting requirements of subsection 17.04J.060B6 of this article; and
(3) Accessory structures less than two hundred (200) square feet meeting requirements of subsection 17.04J.060B7 of this article.
4. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the building official, shall:
a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
b. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Building Code and this article is required.
D. Corrective Procedures:
1. 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 property owner of the violation. Notification shall be mailed to the property owner, and said owner shall remedy each of the violations of law cited in such notification within the timeframe noted in the notification document. If the violation is not remedied within the required timeframe, a second notification shall be mailed, informing the owner of the date on which a citation shall be issued, per chapter 17.15, "Enforcement", of this title.
2. Appeal: Appeals shall be subject to the provisions of section 17.03.050, "Appeals", of this title.
3. 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 Governing Body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. The provisions of subsection 17.04J.030H, "Penalties For Violation", of this article, shall apply.
E. Variance Procedures:
1. Requests for variances shall be subject to the requirements of this subsection E, and shall also be subject to the provisions of chapter 17.12, "Variances", of this title.
2. Variances may be issued for:
a. 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;
b. Functionally dependent facilities, if determined to meet the definition as stated in section 17.04J.020, "Definitions", of this article, provided provisions of subsections E8b, E8c and E8e of this section 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
c. Any other type of development, provided it meets the requirements of this article.
3. In passing upon variances, the authorizing body shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location as defined under section 17.04J.020, "Definitions", of this article as a functionally dependent facility, where applicable;
f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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
k. 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.
4. The applicant shall include a written report addressing each of the above factors in subsections E3a through E3k of this section with their application for a variance.
5. Upon consideration of the factors listed above and the purposes of this article, the authorizing body may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this article.
6. 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 twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
7. 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.
8. Conditions for variances are as follows:
a. Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
b. Variances shall not be issued within any designated floodway or flood fringe area if the variance would result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship; 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 nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
9. 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.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the special flood hazard area.
c. The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.
d. The use complies with all other applicable Federal, State and local laws.
10. The City of Hailey 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.
11. Any person aggrieved by the decision of the authorizing body may appeal such decision to the court, as provided in Idaho Code 67-6535. (Ord. 1234, 2018)
17.04J.060: STANDARDS FOR DEVELOPMENT IN THE SPECIAL FLOOD HAZARD AREA:
A. General Standards: In all special flood hazard areas the following provisions are required:
1. All new construction, substantial improvements, and development, including manufactured homes and accessory buildings, shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure, all new construction and substantial improvements shall be designed with engineered foundations and all development shall be reasonably safe from flooding.
2. All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage in accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the Federal Emergency Management Agency.
3. All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.
4. All new and replacement electrical, heating, ventilation, plumbing, 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 to the flood protection elevation, except as provided for in subsections A7 and B4, "Additions/Improvements", of this section. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
5. Any proposed water supply and sanitation system shall prevent disease, contamination and unsanitary conditions as follows:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
b. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
c. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
6. A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor shall:
a. Be constructed entirely of flood resistant materials at least to the flood protection elevation; and
b. Include, in Zones A, AE, AH, AO, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
(1) A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
(2) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding or per engineered flood opening requirements;
(3) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
(4) The bottom of all required flood openings shall be no higher than one foot (1') above the interior or exterior adjacent grade, but only the net area of the flood opening below the base flood elevation may contribute to the required opening size;
(5) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
(6) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
7. Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the floodway, flood fringe area, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, flood fringe area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article.
8. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in the special flood hazard area, except by variance as specified in subsection 17.04J.050E9 of this article. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 17.04J.050C3, "Certification Requirements", of this article.
9. The proposed development shall cause no significant danger to life and property due to increased flood heights or velocities, no materials may be swept onto other lands or downstream to the injury of others and the proposed development shall be reasonably safe from flooding.
10. The proposed location shall represent the safest location on the subject property for the proposed use.
11. Safe access to the property shall be available in times of a base flood for ordinary and emergency vehicles.
12. Inherent natural characteristics of the watercourses shall be preserved.
13. Existing riparian vegetation and wildlife habitat along the stream bank and within the required one hundred foot (100') riparian setback shall be preserved.
14. New landscaping shall include plantings that are low growing and have dense root systems to stabilize stream banks and to repair any damage previously done to riparian vegetation.
15. Any chemicals or other toxic materials that could cause contamination of surface waters or groundwater, or that could be injurious to public health, safety and welfare, shall be located at the flood protection elevation and stored in a manner that prevents their release in the event of a flood.
16. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
17. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
18. Fill is prohibited in the SFHA, including construction of buildings on fill, unless compensatory storage is provided so that the total amount of fill placed on the site does not exceed the amount excavated from the site. Placement of fill necessary to satisfy drainage requirements of the Building Code shall be allowed if determined necessary by the Floodplain Administrator. However, any placement of fill must be evaluated by the Floodplain Administrator to ensure that it does not have adverse impact on neighboring properties. This includes not giving City of Hailey approval when asked by FEMA to review Conditional Letters or Letters of Map Revision (CLOMR-F or LOMR-F), unless they meet the above requirements.
B. Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, or subsection D, "Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways Or Flood Fringe Areas", of this section, the following provisions, in addition to the provisions of subsection A, "General Standards", of this section, are required:
1. Residential Construction: New construction and substantial improvements shall have the top of the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article.
2. Non-Residential Construction: New construction and substantial improvements, of any commercial, industrial, or other non- residential structure shall have the top of the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article. Structures located in Zones A, AE, AH, AO, and A1-30 may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection F2 of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 17.04J.050C3, "Certification Requirements", of this article along with the operational plan and the inspection and maintenance plan.
3. Manufactured Homes: This subsection applies to placement of all new manufactured homes in the jurisdiction.
a. New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is no lower than the flood protection elevation, as defined in section 17.04J.020, "Definitions", of this article.
b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, by a certified engineered foundation system.
c. All enclosures or skirting below the lowest floor shall meet the requirements of subsection A6 of this section.
d. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
4. Additions/Improvements:
a. 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:
(1) 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
(2) A substantial improvement - both the existing structure and the addition and/or improvements must comply with the standards for new construction.
b. Additions to 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.
c. Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(1) Not a substantial improvement - the addition and/or improvements only must comply with the standards for new construction; or
(2) A substantial improvement - both the existing structure and the addition and/or improvements must comply with the standards for new construction.
d. Repairs to post-FIRM structures when the repairs in combination with any additions/improvements to the existing structure are:
(1) Not a substantial improvement - the repairs only must comply with the standards for new construction in place at the time of original construction; or
(2) A substantial improvement - both the repairs to the existing structure and the addition and/or improvements must comply with the standards for new construction.
e. Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a one year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the one year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this article. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:
(1) Any project for improvement of a building required to correct existing Health, Sanitary, or Safety Code violations identified by the building official and that are the minimum necessary to assume 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.
5. Recreational Vehicles: Recreational vehicles shall be either:
a. Temporary Placement:
(1) Be on site for fewer than one hundred eighty (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
b. Permanent Placement:
(1) Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction, as set forth in subsection A, "General Standards", of this section.
6. Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
a. A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;
b. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
c. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);
d. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
e. Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.
7. Accessory Structures That Do Not Include Living Space: When such accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 17.04J.050C3, "Certification Requirements", of this article, and the following criteria shall be met:
a. Accessory structure shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);
b. Accessory structure shall be designed to have low flood damage potential;
c. Accessory structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
d. Accessory structure shall be firmly anchored in accordance with the provisions of subsection A1 of this section;
e. All service facilities, such as electrical, shall be installed in accordance with the provisions of subsection A4 of this section; and
f. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection A6b of this section.
If said accessory structure has a footprint less than two hundred (200) square feet and satisfies the criteria outlined in subsections B7a through B7f of this section, it is not required to meet the elevation or floodproofing standards of subsection B2, "Non-Residential Construction", of this section.
8. Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:
a. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);
b. Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the flood protection elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;
c. Not elevated above-ground tanks, that do not meet the elevation requirements of subsection B2 of this section shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
d. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
9. Construction Of Below-Grade Crawlspace: (See figures 1 and 2 of this section.)
a. The interior grade of a crawlspace must not be more than two feet (2') below the exterior lowest adjacent grade (LAG).
b. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.
c. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
d. The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.
(See Technical Bulletin 11 for further information. Caution: Buildings that have below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation of the crawlspace soil at or above the base flood elevation (BFE).)
FIGURE 1
PREFERRED CRAWLSPACE
] FIGURE 2
BELOW-GRADE CRAWLSPACE
10. Other Development In The Flood Fringe:
a. Fences in the flood fringe that have the potential to block the passage of floodwaters, such as stockade fences and tightly- spaced wire mesh fences, shall be open below the base flood elevation to allow the free passage of floodwaters. Minimum two inch (2") mesh shall be allowed below the base flood elevation if necessary to prevent the passage of pets and children. Seasonal removal of fencing mesh is encouraged. Fences are prohibited in the floodway.
b. Floodplain development permit applications for fences shall be processed through the fence permit review process and shall be subject only to the fence permit application fee. All provisions of this article shall apply in addition to the provisions of chapter 17.08, article A, "Fences, Signs", of this title.
11. Subdivision Plats; Flood Zones: All subdivision proposals shall:
a. Be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.
b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
c. Have adequate drainage provided to reduce exposure to flood hazards.
d. Minimize flood damage, to the extent possible, through design criteria, such as requiring building envelopes, minimizing the size of building envelopes, locating building envelopes in the safest locations, reducing the number and size of encroachments in the floodplain and providing unobstructed passage of floodwaters.
e. Include the mapped flood hazard zones from the effective FIRM shown on the preliminary plat.
f. Have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
g. Provide a note on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two (2) or more flood zones intersect over the property or properties being surveyed.
h. Include the following notes on each subdivision plat:
FEMA FIRM panel(s): #160xxxxxxC, & 160xxxxxxE, etc.
FIRM effective date(s): mm/dd/year
Flood Zone(s): Zone X, Zone A, Zone AE, A Zone AO, Zone, AH, Zone D, etc.
Base Flood Elevation(s): AE .0 ft., etc.
Flood Zones are subject to change by FEMA & all land within a floodway or floodplain is regulated by chapter/section of the City/County Code.
12. Critical Facilities: Critical facilities, where permitted, shall be constructed at a three foot (3') flood protection elevation (FPE).
C. Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as Zone A (also known as Unnumbered A Zones) and established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection A, "General Standards", of this section shall apply:
The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:
1. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections A, "General Standards", and B, "Specific Standards", of this section.
2. When floodway or flood fringe data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and flood fringe areas shall also comply with the requirements of subsections B, "Specific Standards", and E, "Standards For Floodways", of this section as applicable.
3. All subdivision, manufactured home park, and other development proposals shall provide base flood elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article and utilized in implementing this article. The applicant/developer shall submit an application for a Conditional Letter of Map Revision (CLOMR) prior to preliminary plat approval and have obtained a Letter of Map Revision (LOMR) prior to any building permits for structures being issued.
4. When base flood elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the lowest floor shall be elevated or floodproofed (non-residential) to two feet (2.0') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 17.04J.020, "Definitions", of this article. All other applicable provisions of subsection B, "Specific Standards", of this section shall also apply.
D. Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways Or Flood Fringe Areas: Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor flood fringe areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
1. Standards of subsections A, "General Standards", and B, "Specific Standards", of this section; and
2. Until a regulatory floodway or flood fringe area is designated, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating 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 at any point within the community.
E. Standards For Floodways: Areas designated as floodways are located within the special flood hazard areas established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article. The floodways areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsections A, "General Standards", and B, "Specific Standards", of this section and section 17.04J.070, "City Issued Stream Alteration Permit", of this article shall apply to all development within such areas:
1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
a. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
b. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.
2. If subsection E1 of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
F. Standards For Areas Of Shallow Flooding (Zone AO, AH, AR/AO, Or AR/AH): Located within the special flood hazard areas established in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections A, "General Standards", and B, "Specific Standards", of this section all new construction and substantial improvements shall meet the following requirements:
1. The lowest floor shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet (2'), above the highest adjacent grade; or at least four feet (4') above the highest adjacent grade if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection F1 of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsection 17.04J.050C3, "Certification Requirements", of this article and subsection B2, "Non-Residential Construction", of this section.
3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.
G. Standards For Areas Where Floodway Has Not Been Determined: Where the floodway has not been determined, no new construction, substantial improvements or other development (including fill) shall be permitted in Zone AE on the effective FIRM, unless it is 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 at any point within the community. Certification and documentation by a licensed professional engineer shall be submitted to demonstrate compliance with this subsection.
1. Applicants of proposed projects that increase the base flood are required to obtain and submit to the Floodplain Administrator, a Conditional Letter of Map Revision (CLOMR) preconstruction.
2. Postconstruction, the applicant must apply to FEMA for a Letter of Map Revision for changes to the flood hazard map proposed in the CLOMR.
H. Conditions Of Approval: Upon consideration of the criteria in subsections A through G of this section, the Floodplain Administrator, the commission or the Council, as the case may be, may attach such conditions to the permit, as deemed necessary to further the purposes of this district, including, but not limited to:
1. Modification of water disposal and water supply facilities to minimize or eliminate infiltration of floodwaters.
2. Limitations of periods of use and operation.
3. Imposition of operational controls, sureties and deed restrictions.
4. Requirements or prohibition of construction of channel modification dikes, levees and other protective measures.
5. Submission of a plan or document certified by a registered professional engineer/architect stating that the floodproofing measures comply with this article.
6. Floodproofing measures for structures, such as the following:
a. Installation of watertight doors, bulkheads, shutters and similar structures.
b. Reinforcement of walls to resist water pressures.
c. Use of paints, membrane or mortars to reduce seepage of water through walls.
d. Addition of mass or weight to structures to resist flotation.
e. Installation of pumps to lower water levels in structures.
f. Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
g. Installation of pumping facilities or comparable subsurface drainage systems for buildings to relieve external foundation wall flood pressures.
h. Construction to resist rupture or collapse caused by water pressure or floating debris.
i. Installation of valves or controls on sanitary and storm drains that will permit the drains to be closed to prevent backup of sewage and stormwaters into the building or structures.
j. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the floodwaters.
k. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at least to the flood protection elevation and/or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.
7. Location of building pads or envelopes.
8. Installation and maintenance of new landscaping and preservation of existing riparian vegetation.
9. Obtain all required and necessary Federal and State permits (e.g., 404 permits, Endangered Species Act consultation, etc.).
10. Any other condition reasonably related to the issuance of a floodplain development permit. (Ord. 1234, 2018)
17.04J.070: CITY ISSUED STREAM ALTERATION PERMIT:
All areas in the floodway and below the mean high water mark of any nonintermittent stream are subject to the following provisions in addition to the provisions in sections 17.04J.010 through 17.04J.060 of this article. No person may excavate in, disturb, fill, build in, upon or across, deposit in, or change the channel of any nonintermittent stream within the Flood Hazard District without a stream alteration permit issued by the commission. By way of example, stream alteration permits are required for uses or structures within a channel of a nonintermittent stream needed for public necessity (e.g., bridges, water pumps), recreational use (e.g., paths), wildlife habitat improvements (e.g., vegetation, nesting structures, pool/riffle improvements), and gravel extraction (e.g., to benefit the health of the river and stream flows).
A. Application: Applications shall be made for a stream alteration permit upon a form furnished by the Floodplain Administrator. Emergency waiver of the written application may be granted only after approval by the Floodplain Administrator. If an emergency waiver is granted, the applicant shall apply for a standard stream alteration permit as outlined below within four (4) months from the date of issuance of the emergency waiver of permit. Said work shall be performed prior to the next spring run-off season unless otherwise approved by the Floodplain Administrator. Information to be provided by the applicant for any stream alteration permit issued hereunder shall include, but not necessarily be limited to, the following:
1. Applicant's name, address and phone number.
2. Name of engineer, if any, who prepared the application.
3. Property location and legal description.
4. Name and reach of stream and area of proposed work.
5. Length of the stream section to be worked on.
6. Type of work to be done.
7. Type of equipment to be used.
8. Starting and completion dates of work.
9. Vicinity map of the area.
10. Names and addresses of property owners on both sides of the stream three hundred feet (300') upstream and one thousand feet (1,000') downstream from the proposed work site.
11. A description of proposed watercourse alteration or relocation.
12. A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.
13. Plans and information accurately and legibly showing:
a. Location and dimension of lot or property.
b. A map showing the location of the proposed watercourse alteration or relocation.
c. Location of existing or proposed structures and location of previous stream alterations.
d. Typical cross section of the proposed work.
e. Location of the lot or property in relation to the stream channel, floodway and floodplain.
f. A valley cross section of the area to be altered, showing the stream channel, floodway limit lines, elevations of land area adjacent to the stream, and the base flood elevation. The City Engineer, and FEMA officials if requested by the City Engineer, shall review and approve or disapprove the cross section.
g. Location of any drainageways or overflow channel through the property affected.
14. A statement addressing potential beneficial and adverse impacts in the immediate project area (upstream, downstream and across the stream).
15. Copies of all required State and Federal permit approvals.
B. Public Hearing Notice: Each application shall be reviewed at public hearings before the commission following adequate public notice.
1. Notice shall be given by United States mail insofar as practicable to each property owner whose name appears on the list accompanying the application, giving the date, time and place of the hearing, the action sought, and the identification of the property under consideration. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the City provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the City at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
2. The Idaho Department of Water Resources shall be notified by the applicant prior to any alteration or relocation of a watercourse, and the Floodplain Administrator shall submit evidence of such notification to the Federal Insurance Management Administration.
3. In any public hearing on a stream alteration permit application, the presiding officer may order the hearing to be continued up to thirty (30) days without further notice.
C. Commission Evaluation: A completed application will be heard by the commission at a public hearing within a maximum of forty five (45) days following its receipt. The commission shall review the particular facts and circumstances of each proposed stream alteration and make its determination.
1. Standards: No stream alteration permit shall be issued unless the commission finds adequate evidence that the following mandatory requirements have been met:
a. The applicant agrees to obtain and abide by all necessary permits from the Army Corps of Engineers, from the Idaho Department of Water Resources, and compliance with sections 9 and 10 of the Endangered Species Act, if applicable.
b. The stream alteration desired will not involve placing an encroachment, structure, fill, deposit, obstruction, storage of materials or storage of equipment in the floodway unless certification by a registered engineer is provided demonstrating that such alteration will not result in any increase in flood levels during occurrence of a 100-year flood.
c. The stream alteration desired will not materially increase the area of the Floodplain and Floodway Subdistricts.
d. No property of another person will be adversely affected by the proposed stream alteration whether such property is adjacent to, upstream or downstream from the proposed stream alteration.
e. The stream alteration does not jeopardize the City's participation in the National Flood Insurance Program.
f. Adjacent communities, the U.S. Army Corps of Engineers and the Idaho Department of Water Resources stream channel alteration program must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency.
g. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.
2. Conditions: The commission may attach conditions to any stream alteration permit, including, but not limited to, the following:
a. Requiring work to be done at times of lowest water.
b. Requiring work to be done by appropriate construction equipment.
c. Requiring the project to be built to Idaho Department of Water Resources, Army Corps of Engineers, or City of Hailey standard specifications and standard drawings.
d. Requiring that a registered engineer certify, in writing, that the work has been completed according to the City requirements and stipulations.
e. Requiring any modification in the extent or design of the proposed work in order to meet the mandatory conditions imposed by this article.
f. Requiring preservation of existing vegetation, revegetation or placement of fish or wildlife enhancement features.
g. Posting of sufficient security to ensure the completion of the work.
h. Requiring review or approval of the application by other agencies or governmental units.
i. Requiring the work to be done at a certain height or location.
j. Requiring reclamation of eroded stream banks in the floodway.
k. Requiring overflow channels to remain open.
l. Restricting the future location of building envelopes.
m. Requiring modifications of the project so as not to increase the level of the base flood elevation and not to encroach upon the floodway.
n. Requiring maintenance within the altered or relocation portion of said watercourse so that the flood carrying capacity is not diminished.
o. Issuance of all required and necessary Federal and State permits (e.g., 404 permits).
p. Any other condition reasonably related to the issuance of a stream alteration permit. (Ord. 1234, 2018)
17.04K.010: PURPOSE:
The airport district is intended to provide an area that would allow regularly scheduled commercial passenger aircraft services to be used by the general public. The airport district is also intended to allow other general aviation services for private aircraft and private aircraft charter only in conjunction with regularly scheduled commercial passenger aircraft services. (Ord. 1191, 2015)
17.04K.020: PERMITTED USES:
All permitted uses for the airport district are subject to FAA regulations and approval by the airport commission or other administrative body and are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04K.030: CONDITIONAL USES:
Conditional uses for the A district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04K.040: ACCESSORY USES:
Accessory uses for the A district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04K.050: BULK REGULATIONS:
The bulk requirements for the A district are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.010: PURPOSE:
The purpose of the SCI district is to provide an area for master planned business park developments that do not conflict with, and do support, the central business district. The SCI district is further divided into two (2) subdistricts to provide and allow for flexibility within the master planned business park, to group compatible uses, and to better respond to the surroundings of the planned business park. The SCI district is intended to be a category of land use for large parcels and may not be appropriate for smaller parcels. (Ord. 1191, 2015)
17.04L.010.01: DISTRICTWIDE REGULATIONS:
A. Uses; Adverse Conditions: All uses in the SCI district shall conform to the comprehensive plan and shall be reviewed for conditions that may be hazardous, including, but not limited to, traffic hazards, parking overflow, noise, cinders, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste. Any conditions that could adversely affect the surrounding areas are subject to review upon application for design review. The commission may require mitigation, including, but not limited to, enclosure within a structure, landscape buffering or alternate method of operation.
1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved and as specified in the IFC.
2. Air And Water Pollution: All uses shall be subject to the requirements and regulations established by the federal, state and local regulations.
B. Landscaping: Landscape screening and buffering shall be provided and maintained by the owner in all required front yards and adjacent to all collector and/or arterial roads.
C. Screening: Landscape screening and buffering shall be provided and maintained in the required yards adjacent to the RGB, GR, LR, LB and TN zoning districts, and adjacent to any residential district, to protect these areas from undue intrusion of noise, light, odors and other influences.
D. Design Review Required: All development shall be subject to design review pursuant to chapter 17.06 of this title.
E. Loading Door, Dock: No loading door or dock which faces a collector street, as defined herein, shall be placed within thirty feet (30') of the right of way for that collector street.
F. Lot Size: The SCI district shall not be applied to any property smaller than five (5) acres, and is generally not appropriate for any parcel smaller than ten (10) acres. No subdistrict shall be less than one acre in size. (Ord. 1191, 2015)
17.04L.010.02: SUBDISTRICT DESIGNATION:
All applications for a zoning ordinance map amendment, pursuant to chapter 17.14 of this title, requesting SCI zoning shall identify the subdistrict designation within the application. (Ord. 1191, 2015)
17.04L.020: SALES AND OFFICE SUBDISTRICT (SCI-SO):
The purpose of the sales and office subdistrict is to allow for a master planned office, technology and service park and associated sales and support uses, as well as a location for the sales and service of large or bulky retail goods, or goods associated directly with the building trades. The subdistrict is created to provide a location for those uses that might otherwise be appropriate in, but, by their nature, may be inappropriate for the central business district. The nature of those businesses which are appropriate for this subdistrict are those that require a substantial number of service vehicles, have a substantial portion of the building area dedicated to storage or processing, or consist of uses or scale of operation that are better accommodated outside the central business district. This article assumes that the following list of uses is not exhaustive and that other like uses may be permitted upon administrative review pursuant to subsection 17.01.050B of this title, as amended. (Ord. 1191, 2015)
17.04L.020.01: PERMITTED USES:
Permitted uses in the SCI-SO subdistrict are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.020.02: CONDITIONALLY PERMITTED USES:
Conditionally permitted uses for the SCI-SO subdistrict are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.020.03: ACCESSORY USES:
Accessory uses within the SCI-SO subdistrict are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.020.04: BULK REQUIREMENTS:
A. General: The bulk requirements for the SCI-SO subdistrict are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
B. Parking: No parking shall be placed within the setback areas.
C. Parking And Circulation Coverage: Developed property within the SCI-SO subdistrict shall have no more than forty percent (40%) of its gross area dedicated to parking and/or vehicular transportation. The parking area shall generally be located at the rear of the property and not adjacent to any right of way.
D. Storage: All materials, with the exception of trees and plant materials, stored on the premises shall be stored within a building or within a wall or screening fence not less than four feet (4') nor greater than six feet (6') in height. (Ord. 1191, 2015)
17.04L.030: INDUSTRIAL SUBDISTRICT (SCI-I):
The purpose of the industrial subdistrict of the SCI district is to provide a location for the production, sales and storage of bulky goods and associated wholesale and retail sales, offices and parking. The subdistrict is also to provide a location for light manufacturing and other light industrial types of uses. The intent of the district is to provide a location for those uses that dedicate a substantial portion of their area (more than 50 percent) to exterior storage and/or staging areas, and relatively little area to interior showrooms, offices or retail space. The district is intended to include those uses that, by reason of their impact or perceived impact on neighboring uses, are not appropriate in the central business district. This article assumes that the following list of uses is not exhaustive and that other like uses may be permitted upon administrative review pursuant to subsection 17.01.050B of this title, as amended. (Ord. 1191, 2015)
17.04L.030.01: PERMITTED USES:
Permitted uses within the SCI-I subdistrict are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.030.02: CONDITIONALLY PERMITTED USES:
Conditionally permitted uses for the SCI-I subdistrict are described in the district use matrix, section 17.05.040 of this title. (Ord. 1191, 2015)
17.04L.030.03: ACCESSORY USES:
Accessory uses within the SCI-I subdistrict are described in the district use matrix, section 17.05.040 of this title. Supplemental standards for accessory dwelling units are contained in Chapter 17.08, Article D. Accessory Dwelling Units.
A. Shipping containers utilized for storage. These containers must be shielded from view by fencing or landscaping, and shall require a building permit.
B. Sales incidental to nonretail principal use.
C. Offices accessory to a nonoffice principal use.
D. Accessory dwelling units (ADU), provided the following criteria are met:
1. There shall not be more than one ADU per unit within a principal building.
2. ADU entrances shall connect to sidewalks and/or designated pedestrian circulation areas that lead to and from the primary sidewalk system and away from work zone alleys.
3. Each ADU shall have designated ground floor storage space for the occupant's use. The storage shall be secure, covered and screened.
4. An ADU shall be occupied by an owner or employee of a business which occupies the principal building.
5. An ADU shall not be sold as a condominium or a separate legal parcel from the principal building. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04L.030.04: BULK REQUIREMENTS:
A. General: The bulk requirements for the SCI-I subdistrict are described in the district use matrix, section 17.05.040 of this title. For other supplementary location and bulk regulations, see chapter 17.07 of this title.
B. Parking: No parking shall be placed within the setback areas.
C. Storage: All materials, with the exception of trees and plant materials, stored on the premises shall be stored within a building or within a wall or screening fence not less than four feet (4') nor greater than eight feet (8') in height. (Ord. 1191, 2015)
17.04M.010: PURPOSE:
The purpose of the townsite overlay district is to promote the health, safety and welfare of current and future residents of the city of Hailey; to modify the bulk requirements of certain zoning districts in order to better respond to the unique conditions and circumstances of the original Hailey townsite; to encourage infill while retaining neighborhood character; to increase the compatibility and lessen the degree of nonconformity of existing structures; to create sufficient flexibility to allow for desirable development; to conserve building resources; and to enhance neighborhoods with increased pedestrian orientation, all in accordance with the city of Hailey comprehensive plan, for the desirable future development of the city of Hailey. (Ord. 1191, 2015)
17.04M.020: ESTABLISHMENT OF TOWNSITE OVERLAY DISTRICT:
The townsite overlay district is hereby established for all properties lying within the boundaries shown on the map attached to the ordinance codified herein, incorporated by reference herein. The overlay district applies to these properties regardless of zoning district designation. (Ord. 1191, 2015)
17.04M.030: GENERAL APPLICATION:
The townsite overlay district shall be an overlay district and set forth use and bulk requirements for buildings and structures located within the townsite overlay district. Where the regulations specified in this article differ from corresponding regulations specified for the underlying zoning district, the requirements of this article shall apply and control. (Ord. 1191, 2015)
17.04M.040: USE RESTRICTIONS:
Permitted, conditional and accessory uses shall be the same as those uses in the underlying zoning district, except as follows:
One attached or detached accessory dwelling unit shall be allowed as an accessory use to a single-family dwelling, without consideration of underlying zoning district, provided the bulk requirements set forth in section 17.04M.060 of this article are met. (Ord. 1275, 2021; Ord. 1191, 2015)
17.04M.050: PLANNED UNIT DEVELOPMENTS:
The minimum gross size for properties that may be developed as a planned unit development shall be eighteen thousand (18,000) square feet. All land within the development shall be contiguous, except for intervening alleys. (Ord. 1191, 2015)
17.04M.060: BULK REQUIREMENTS:
For other supplementary location and bulk regulations, see chapter 17.07 of this title.
A. Minimum Lot Size:
1. Business district: See underlying zoning requirements.
2. Limited business, transitional, general residential districts: Four thousand five hundred (4,500) square feet.
3. Limited residential-1 district: Six thousand (6,000) square feet.
4. Original townsite lots that are slightly less than three thousand (3,000) square feet (in blocks where lots are 25 feet wide) or three thousand six hundred (3,600) square feet (in blocks where lots are 30 feet wide) may be rounded up to three thousand (3,000) square feet or three thousand six hundred (3,600) square feet, as the case may be; provided, that the original townsite lot meets the definition of a "lot of record", as defined in section 17.02.020 of this title.
B. Minimum Lot Width:
1. Business district: See underlying zoning requirements.
2. Limited business, transitional, general residential districts: Thirty seven and one-half feet (371/2').
3. Limited residential-1 district: Fifty feet (50').
C. Maximum Building Height:
1. Business District: The maximum building height in the business district shall be thirty five feet (35'), except a building containing at least one residential dwelling unit shall have a maximum height of forty feet (40'). Any building exceeding thirty feet (30') shall comply with relevant sections and appendices of the IFC, including, but not limited to, fire access lanes, provisions for exterior roof access, and provision of sprinkler systems. No building may exceed three (3) stories from the reference street 1 frontage.
2. Limited Business District: Thirty five feet (35').
3. Transitional, General Residential, Limited Residential-1 Districts: Thirty feet (30').
D. Minimum Setbacks In LR, GR, TN And LB Districts:
1. Setback from any street right of way: Twelve feet (12'). The following exceptions apply:
a. Unenclosed features of a residence (e.g., front porches, stoops and decks without walls) shall be no closer than five feet (5') to the lot line. Such features do not include carports.
b. No garage door shall be within twenty feet (20') of any street right of way, as measured from the garage door to the street providing access to the garage.
2. Setback from any alley right of way: Six feet (6'). There shall be a six feet (6') horizontal separation between any building and a water meter vault. (Water meter vault and water service line locations may be moved at the property owner's expense, subject to notification and approval by the city.)
3. Setback from any Idaho transportation department/Wood River Trail right of way: Five feet (5'). The following exception applies:
No garage door shall be within twenty feet (20') of the right of way, as measured from the garage door to the right of way, where this right of way provides access to the garage.
4. Setback from property lines abutting other private property:
a. Base setback: Fifteen percent (15%) of lot width, or ten feet (10'), whichever is less. However, no such setback shall be less than six feet (6') (see section 17.04M.090, table 1 of this article).
b. Any wall, as measured from the highest point including any gable or peak in a direct vertical line to record grade, shall have a setback of one foot (1') for every two and one-half feet (21/2') of wall height (see section 17.04M.090, diagram 1 and table 2 of this article), but not less than the base setback noted in subsection D4a of this section, regardless of underlying zoning.
c. Roof overhangs, fire escapes, standard chimneys, bay windows and other features, which are subject to section 17.07.010, "Supplementary Yard Setback Requirements", of this title, shall not have a setback less than five feet (5') from property lines abutting other private property.
d. Wainscot detail not higher than three feet (3') as measured from record grade may intrude not more than six inches (6") into the required setback.
e. The townhouse sublot side yard setback along the common wall boundary line shall be zero feet (0').
E. Minimum Setbacks In The B District: None, except as follows:
1. Townhouse units shall be allowed zero setbacks from the lot lines created by a townhouse sublot; and
2. The separation of the buildings containing townhouse units in a townhouse development parcel shall be not less than six feet (6') as measured between any wall or any projection of a building, including, but not limited to, eaves, cornices, canopies or other similar roof overhang features, pergolas, chimney chases, bay windows, decks, steps, wainscot and utility meters; or the minimum distance required by the IBC and IFC, whichever is greater.
F. Accessory Dwelling Units: Accessory dwelling units shall have a minimum gross floor area of three hundred (300) square feet and a maximum gross floor area of one thousand (1,000) square feet; tiny homes on wheels are exempt. Supplemental standards for accessory dwelling units and tiny homes on wheels are contained in Chapter 17.08, Article D. Accessory Dwelling Units and Tiny Homes on Wheels.
G. Maximum Lot Coverage:
1. Business district: No maximum.
2. Limited business district: Seventy percent (70%).
3. Transitional Districts and all lots within the General Residential (GR) and Limited Residential (LR-1 & LR-2) Zoning Districts that are forty-five hundred (4,500) square feet or smaller: Thirty percent (30%) expect as follows:
Forty percent (40%) lot coverage shall be allowed where at least seventy five percent (75%) of required parking spaces are enclosed within a structure.
4. General Residential (GR), Limited Residential (LR-1) Districts (lots larger than forty-five hundred (4,500) square feet)):
Building Height | Maximum Lot Coverage (Percentage) |
2 or more stories above grade, no garage | 25 |
2 or more stories above grade, with garage | 30 |
Less than 2 stories above grade, no garage | 35 |
Less than 2 stories above grade, with garage | 40 |
5. The maximum lot coverage for all public administration or government offices, public service and/or public use developments, structures, buildings, and/or uses on all lots intended or used for a public purpose: Forty percent (40%).
H. Maximum Multi-Family Residential Density: See underlying zoning requirements.
I. Maximum Lot Size:
1. Business, limited business, limited residential-1 districts: No maximum.
2. Transitional, general residential: Eighteen thousand (18,000) square feet.
J. Preservation of Historic Structures:
1. Bulk Requirement Flexibility: The City aims to promote the historic, architectural, archaeological and cultural heritage, features and qualities of Hailey through the identification, evaluation, designation, and protection of historic structures. Where historic commercial and residential structures are preserved, flexibility in the bulk requirements of the Townsite Overlay (TO) Zoning District may be approved by the Administrator and/or the Planning and Zoning Commission on a case-by-case basis, as follows:
a. Maximum Building Height: When any building permit application includes the retention of a historic commercial or residential structure, the maximum building height shall be subject to the maximum building height allowed by the underlying zoning designation of the parcel(s).
b. Maximum Lot Coverage: When any building permit application includes the retention and preservation of a historic residential structure, the maximum lot coverage may be forty percent (40%), regardless of the number of stories above grade or the existence of a garage. Where a historic residential or commercial structure is retained and preserved and located within a zoning district that allows for lot coverage greater than forty percent (40%), the underlying zoning district and/or zoning overlay shall govern.
2. Specific Standards
K. Purpose:
1. The Hailey historic preservation and bulk requirement flexibility standards provide the required design elements for the granting of bulk requirement flexibility that may accompany the preservation of a historic residential or commercial building. Bulk requirement flexibility shall only be granted to qualifying residential or commercial structures in the Townsite Overlay Zoning District.
2. In general, the City of Hailey considers structures built in or prior to the year 1975 as "historic". There is both inherent and instrumental value in the preservation of historic buildings in Hailey. However, all applications seeking to apply bulk requirement flexibility shall be reviewed on a case-by-case basis. Additionally, there may be instances where a structure is not at least fifty (50) years old, yet said structure possesses unique, significant, and/or context-specific value to the overall historic and architectural culture of Hailey.
3. The specific standards contained herein ensure that all bulk requirement flexibility projects - which are reviewed on a case-by-case basis by the Planning and Zoning Commission - retain a shared set of characteristics that uphold the integrity of Hailey's historic building stock.
4. For bulk requirement flexibility to be granted, each of the following standards must be met:
a. The residential or commercial building was constructed in or before the year 1975, and therefore considered "historic", according to City Standards.
b. Any addition to a qualifying historic structure should not obscure, shield, or otherwise prohibit viewership of the primary frontage of the existing historic structure, as seen from public street. Additions are strongly preferred at the rear of the existing historic structure. If site conditions and/or project circumstances do not allow for rear location, the addition shall match or complement the existing historic structure with each of the following: material type, material arrangement, material color, fenestration scale and design, roof material, and roofline shape.
c. If a project seeks to apply flexibility in maximum building height, the addition shall only be permitted behind the front wall plane, so as not to obscure viewership of existing historic structure from the primary street frontage.
d. Material types for new additions shall be limited to either the matching material type of the existing historic structure, or material types that are natural and/or reflective of the period in which the existing historic structure was built. This may include wood (painted or natural stain), corrugated metal, stone, and brick.
e. Any Applicant seeking to apply bulk requirement flexibility, in exchange for the preservation of a historic structure, shall provide a written narrative statement with their Application, to be retained in the City of Hailey Public Record. Such a narrative statement shall include:
(1) Date of original construction of all historic structures proposed for retention.
(2) Date and type of any renovations for all historic structures proposed for retention, to include building square footage expansions, additions of windows and/or doors, and any other construction that substantially altered the character and scope of the structure in question. Re-roof renovations are exempt.
(3) Statement and timeline of preserved historic structure uses (residence, office, small business, etc.), from earliest known and leading to the present.
(4) Identification and description of at least two (2) distinct architectural and/or design elements from the existing historical structure that will be matched, expanded upon, and/or reflected in the proposed addition. Description should include specific element names and a brief explanation of how each element is reflective of a specific historical period (i.e. mid-century modern, post-World War II, settlement/territorial, etc.)
L. Other Requirements: The following requirements shall also govern and apply to all Design Review Applications seeking to preserve historic structures and qualify for bulk requirement flexibility:
1. Existing Nonconforming Buildings: Where an existing building is nonconforming with respect to the bulk requirements of the Townsite Overlay (TO) Zoning District, provisions outlined in Section 17.04M.070: Nonconforming Buildings shall be met.
2. Flexibility in the bulk requirements apply to historic commercial or residential structures only. Historic outbuildings and/or other accessory structures do not qualify. Historic outbuildings and/or other accessory structures shall meet the bulk requirements of the underlying zoning district and/or zoning overlay, whichever designation controls.
3. For purposes of this section, historic shall mean any commercial or residential structure built in or before the year 1975.
4. All other bulk requirements not expressly written herein shall be met.
5. Applicants may only seek consideration of one (1) bulk requirement flexibility per Application, and only one (1) bulk requirement flexibility per Application may be granted. Additional waivers and/or flexibilities may be addressed through established City processes, including Planned Unit Developments (Section 17.10) and/or Variances (Section 17.12). (Ord. 1342, 2024; Ord. 1320, 2023; Ord. 1298, 3-28-2022; Ord. 1275, 2021; Ord. 1191, 2015; Ord. 1347, 2025)
17.04M.070: NONCONFORMING BUILDINGS:
Where an existing building is nonconforming with respect to setbacks, expansion of said building within the plane of the furthest intrusion shall be permitted; provided, that the nonconformity with respect to the distance of the setback is not further increased. Such expansion shall not be considered to be increasing the degree of nonconformity pursuant to section 17.13.060 of this title. The following exceptions apply:
A. In no case may expansion occur that results in a setback of less than six feet (6') from property lines abutting other private property.
B. Any wall, as measured from the highest point, including any gable or peak in a direct vertical line to record grade, shall have a setback of one foot (1') for every two and one-half feet (21/2') of wall height (see section 17.04M.090, diagram 1 and table 2 of this article), but not less than six feet (6') from property lines abutting other private property, regardless of underlying zoning.
C. No roof overhangs, fire escapes, chimneys, bay windows or other features, which are subject to section 17.07.010, "Supplementary Yard Setback Requirements", of this title, shall have a setback less than five feet (5') from property lines abutting other private property. (Ord. 1191, 2015)
17.04M.080: LOT LINE VACATIONS:
If a parcel in single ownership consists of two (2) or more original townsite lots, or a combination of lot(s) and portions of lot(s), each internal original townsite lot line(s) shall be vacated prior to the issuance of a certificate of occupancy if either of the following criteria applies: a) a proposed new building or addition increases the degree of nonconformity or creates a new nonconformity with regard to setbacks, measured from the nearest adjacent original townsite lot line, not from the parcel boundary of multiple original townsite lots held in single ownership; or b) lot lines, which a building is not currently built on, are located underneath a proposed new building or addition.
(Ord. 1191, 2015)
17.04M.090: DIAGRAM AND TABLES:
DIAGRAM 1
TABLE 1
Lot Width (In Feet) | Base Setback (In Feet) |
Lot Width (In Feet) | Base Setback (In Feet) |
40 or less | 6 |
45 | 6.75 |
50 | 7.5 |
55 | 8.25 |
60 | 9 |
65 | 9.75 |
67 or more | 10 |
TABLE 2
Wall Height (In Feet) | Setback (In Feet) |
Wall Height (In Feet) | Setback (In Feet) |
15 | 6 |
17.5 | 7 |
20 | 8 |
22.5 | 9 |
25 | 10 |
27.5 | 11 |
30 | 12 |
32.5 | 13 |
35 | 14 |
(Ord. 1191, 2015)
17.04N.010: PURPOSE AND INTENT:
A. The purpose and intent of the hillside overlay district is to promote the health, safety and welfare of current and future residents of the city of Hailey by regulating development on hillside areas, to:
1. Preserve the environmental, recreational and aesthetic values and other benefits of hillsides, integral to the character of the city;
2. Maintain slope and soil stability;
3. Prevent cuts and fills, including those for access roads and driveways, that exacerbate the natural hazards, such as erosion and landslide, associated with developing on hillsides;
4. Encourage grading that follows natural contours and require drought tolerant and/or native landscaping where existing vegetation has been disturbed;
5. Limit the extent of disturbance to natural grade and existing vegetation associated with any development;
6. Direct development of buildings and other structures to appropriate areas of lowest elevation on hillside properties where such areas are part of the parcel or lot under consideration;
7. Direct development in a manner that avoids natural hazards associated with developing on hillsides;
8. Ensure safe and reasonable access to and from the properties, including access by emergency services;
9. Ensure adequate review of all land use proposals that may have an impact on the above;
10. Allow public nonmotorized recreational access and use of hillsides where appropriate to the terrain, access and neighboring uses;
11. Regulate site alteration and structural development in the hillside overlay district to assure that site alteration and development occurs in the hillside overlay district only when no sufficient available area for the proposed site alteration or development exists outside of the district and all other criteria under this article have been met, and to assure that any site alteration and structural development within the district occurs in a manner that minimizes hillside visibility.
B. The intent of the hillside overlay district is to direct development to land outside of the hillside overlay district. Only when no area for development exists outside of the hillside overlay district and all other criteria under this article have been met may a site alteration occur within the district. Even then, the development must be located at a site within the district which will minimize its hillside visibility. Conditions of approval should be placed on all applications to ensure that any development will be limited in its bulk, design and use of materials to minimize its visibility from public streets. (Ord. 1191, 2015)
17.04N.020: ESTABLISHMENT OF HILLSIDE OVERLAY DISTRICT:
A. The hillside overlay (HO) district is hereby established. The regulations of this overlay district shall apply to all areas of land within the city shown on the official zoning map, which generally correspond with hillside slopes which equal or exceed fifteen percent (15%). The overlay district applies to these properties regardless of zoning district designation.
B. An application to amend the HO district boundary on any parcel based on a site specific survey is subject to chapter 17.14 of this title. (Ord. 1191, 2015)
17.04N.030: GENERAL APPLICATION:
The hillside overlay district shall set forth use and bulk requirements for buildings and structures located within the HO district. Where the regulations specified in this article differ from corresponding regulations specified for the underlying zoning district, the requirements of the HO district shall govern. The regulations of the HO district shall not apply to platted lots existing within Hailey city limits prior to the effective date hereof, on March 8, 2006. (Ord. 1191, 2015)
17.04N.040.01: PERMITTED USES:
Permitted uses for the HO district are limited to the following:
Home occupations.
Public recreation, including nonmotorized pathways.
Single-family residences and garages accessory thereto, only where no area outside the HO is available for a building envelope that is at least two thousand five hundred (2,500) square feet in size. (Ord. 1191, 2015)
17.04N.040.02: CONDITIONAL USES:
Conditional uses for the HO district are limited to the following:
Belowground public utility facilities. (Ord. 1191, 2015)
17.04N.040.03: BULK REQUIREMENTS:
Unless otherwise noted below, bulk requirements shall be as required by the underlying zoning district.
A. Maximum Lot Coverage: All buildings and structures, including fences (except wire fences), shall be fully contained within the platted building envelope. If no building envelope exists, maximum lot coverage shall be forty percent (40%).
B. Maximum Building Dimension: No building dimension shall exceed seventy five feet (75').
C. Maximum Building Height: Twenty eight feet (28'). (Ord. 1191, 2015)
17.04N.040.04: SUBDIVISION OF LAND:
If any portion of a property is located within the HO district, a subdivision shall include designated building envelopes. There shall be no further subdivision of any real property which would result in the creation of a building envelope that is located, in whole or part, within the HO district. (Ord. 1191, 2015)
17.04N.040.05: PERMIT REQUIRED:
A hillside site alteration permit shall be obtained before any development begins within or upon any area located within the HO district. (Ord. 1191, 2015)
17.04N.050: APPLICATION:
An application for a hillside site alteration permit shall be made to the planning and zoning commission by at least one holder of any interest in the real property. Conditional uses as described in section 17.04N.040.02 of this article, must also apply for a conditional use permit pursuant to chapter 17.11 of this title. Applications shall be submitted to the Hailey planning department. (Ord. 1191, 2015)
17.04N.050.01: INFORMATION REQUIRED:
The application shall include at least the following information:
A. Applicant: Name, address, and phone number of the applicant.
B. Interest: Proof of interest in the subject property.
C. Legal Description: Legal description of the subject property, including street address.
D. Existing Use: Description of existing use.
E. Zoning District: Zoning district of subject property.
F. Use: Description of proposed use.
G. Plan: A plan of the proposed site for the use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, landscaping, exterior lighting plan as required by chapter 17.08, article C of this title, refuse and service areas, utilities, signs, property lines, north arrow, and building elevations.
H. List Of Property Owners: A list of the names and addresses of all property owners and residents within three hundred feet (300') of the external boundaries of the land being considered. The commission may determine that a larger area beyond three hundred feet (300') from the external boundaries should receive notice, in which case the list of names and addresses shall be expanded.
I. Fee: A fee established in a separate ordinance approved by the city council.
J. Wildland/Urban Code: Where applicable, submittal requirements of the international wildland/urban interface code (IW/UIC section 405).
K. Grading Plan: A grading plan shall be submitted indicating compliance with standards of evaluation. The grading plan shall include:
1. Existing and proposed topography in one foot (1') contour intervals. The grading plan shall be at a scale of not less than one inch equals twenty feet (1" = 20'), or other scale as deemed adequate by the city engineer;
2. All existing site features such as trees, rock outcroppings, streams and natural hazard areas, such as floodplain or avalanche;
3. All existing easement and utility locations;
4. Cut or fill slopes clearly shown and differentiated by shading tone, color or line weight;
5. Ratio of horizontal to vertical measurement for cut and fill slopes;
6. The final contours to be achieved by the grading, including existing contours that remain, and two (2) cross sections through the building envelope;
7. Finish and spot grade elevations for wall and fence construction, paved and recreational surfaces;
8. Roof drainage, drip lines and snow deposit areas;
9. The amount of earth in cubic yards to be moved on to and off of the site;
10. For public roads, private roads and driveways, cross sections at a maximum of one hundred foot (100') intervals, plus major breaks in terrain, showing the height of cuts and fills; and
11. A soils report for the building site, streets and/or driveways.
L. Storm Drainage Plan: A storm drainage plan shall be submitted indicating compliance with standards of evaluation. The storm drainage plan may be incorporated with the grading plan. The storm drainage plan shall include:
1. A map indicating the on site and off site drainage applicable to the area; and
2. Engineering plans of any proposed subsurface drainage improvements to be constructed as part of the proposed development.
M. Erosion Control Plan: An erosion control plan shall be submitted indicating compliance with standards of evaluation. The erosion control plan shall include:
1. Detailed plans showing the location of all erosion structures and a time schedule for the installation of said structures;
2. Location, type and amount of plant material to be used for erosion control, and the month and year that said vegetation will be planted.
N. Wildlife Plan: A wildlife plan shall be submitted indicating compliance with recommendations from Idaho fish and game, or documentation from Idaho fish and game stating that the subject property is not in a known wildlife migration or habitat area. (Ord. 1191, 2015)
17.04N.050.02: CONCURRENT SUBMISSION:
A hillside site alteration permit application should be submitted and reviewed concurrently with other applications affecting the same piece of property. Additional time for review of concurrent applications may be specified by the administrator. Concurrent submissions shall be voted on separately. (Ord. 1191, 2015)
17.04N.060: PUBLIC HEARING:
A. Notice: The administrator shall mail to each addressee on the list furnished by the applicant pursuant to subsection 17.04N.050.01H of this article, a copy of the notice of the time and place of the hearing at least fifteen (15) days before the date set for the hearing. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or decision. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
B. Publication: The administrator shall have a copy of the notice published at least one time in the official newspaper of the city. The publication of the notice shall be at least fifteen (15) days before the date set for the hearing.
C. Content Of Notice: The notice of the hearing which is mailed and published shall contain:
1. The time and place of the hearing.
2. A brief description of the land which is the subject of the matter to be heard.
3. The purpose of the hearing and the use of the land which is sought.
4. Any other information which is necessary or desirable in the public interest. (Ord. 1191, 2015)
17.04N.070: STANDARDS OF EVALUATION:
The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. (Ord. 1191, 2015)
17.04N.070.01: GENERAL:
A. Siting New Buildings: The siting of new buildings or structures shall demonstrate through visual simulation graphics or other graphic means that the building or structure does not skyline from any public street or improved public trail.
B. Neutral Colors: Buildings shall be designed with neutral colors or with colors naturally found in the surrounding hillsides.
C. Recreation Uses, Amenities: All recreation uses and amenities shall be appropriate to the terrain, with minimal visual impact.
D. Wildlife Impact: All development shall minimize impact on wildlife migration corridors and wintering grounds. (Ord. 1191, 2015)
17.04N.070.02: GRADING:
A. Unstabilized Cut Slopes: Unstabilized cut slopes shall be designed and constructed according to the recommendations of a qualified engineer, unless a structural alternative such as a retaining wall or other measure acceptable to the city is provided.
B. Retaining Walls: Retaining walls may be preferred as a means to break up long, uninterrupted cuts. These retaining walls should be interspersed with other cut slopes if possible to break up the length. Retaining walls should be no higher than four feet (4') or terraced with a three foot (3') horizontal separation of walls. They should be constructed of materials that are utilized elsewhere on the site, or of natural or decorative materials. Landscaping should be provided within or in front of extensive retaining walls.
C. Cuts And Fills: Cuts and fills shall be shaped, rounded, minimized and nonuniform to simulate natural existing contours.
D. Grading: No grading shall be allowed for purposes other than for the preparation of the ground for structures and for access.
E. Thirty Percent Slopes: All slopes greater than thirty percent (30%) shall remain undisturbed, unless otherwise required by the wildland/urban interface code. If evidence acceptable to the city is provided showing that the strict enforcement of this provision would prohibit access to the lot or that placement of utilities would be impossible, then the applicant may apply for a waiver to this provision. Waivers shall only be considered in situations where strict application of the requirements of this section will deny to the developer the reasonable and beneficial use of the property in question, and not in situations where the developer establishes only that exceptions will allow a more financially feasible project.
F. Building Code Compliance: All retaining walls and grading shall comply with the most currently adopted edition of the international building code. (Ord. 1191, 2015)
17.04N.070.03: STORM DRAINAGE:
A. Runoff Discharge: Provisions for runoff discharge shall be designed to safely retain stormwater or adequately carry and discharge accumulated runoff into drainage channels, storm sewers or natural watercourses so it does not cause damage or flooding to neighboring properties. The design standard shall be the 25-year, one hour rainfall event defined as one inch (1") per hour.
B. Drainage Improvements: The commission may require the applicant to design and construct dry wells or other drainage improvements to control and reduce runoff from the site. The design for these facilities, including the soil percolation rate for all dry well locations, shall be submitted for approval as part of the storm drainage plan. (Ord. 1191, 2015)
17.04N.070.04: EROSION CONTROL:
A. Stabilization Methods: All areas on the property graded for development, disturbed by construction or altered in any other way which may increase soil loss due to water and wind erosion shall be stabilized by one or more of the following methods:
1. Revegetated with native drought tolerant plant materials, including, but not limited to, flowering plants, low shrubs or native grasses growing in the immediate vicinity; or
2. Stabilized with flexible, biodegradable materials or synthetic soils erosion matting in conjunction with native grasses. Where native grasses are used for erosion control, written specifications shall be submitted to the city indicating the grass mix, preparation of seed bed, method of application and maintenance schedule.
B. Maintenance: Where vegetation is proposed as an erosion control method for disturbed or graded land, the new vegetation shall be adequately maintained to prevent erosion. (Ord. 1191, 2015)
17.04N.070.05: PUBLIC STREETS, PRIVATE STREETS, DRIVEWAYS AND UTILITIES:
Public streets, private streets, driveways and utilities shall meet the definitions and design standards of the Hailey subdivision ordinance.
A. Natural Contours: Public and private streets, driveways and utilities shall run with the existing natural contours to the maximum extent possible.
B. Cut, Fill Areas: Cut and/or fill areas for public and private streets and driveways shall not exceed five feet (5') above or below record grade.
C. Grades: Grades for public and private streets and driveways shall be constructed in accordance with the Hailey subdivision ordinance. Exceptions and additional standards for driveways are noted below:
1. The commission may approve additional grade up to a maximum slope acceptable to the fire chief, if the commission finds that the proposed grade results in a driveway that better meets the intent and purpose of this HO district;
2. If the driveway is greater than one hundred fifty feet (150') in length, there shall be an approved turnout that meets fire department turnaround criteria and standards;
3. The minimum turning radius for any private driveway shall be in conformance with the standards of the wildland/urban interface code. (Ord. 1191, 2015)
17.04N.080: ACTION BY COMMISSION:
The commission shall make a decision to approve, conditionally approve or disapprove the application within thirty (30) days after conclusion of the public hearing and issue its decision, together with the reasons therefor. The commission shall review the application, all supporting documents and plans, and recommendations of city staff in making their decision. (Ord. 1191, 2015)
17.04N.090: CONDITIONS:
The commission may impose any conditions which it deems necessary to secure the purpose of city regulations and give effect to the comprehensive plan. Conditions which may be attached include, but are not limited to, those which will:
A. Preserve the environmental, recreational and aesthetic values and other benefits of hillsides, integral to the character of the city;
B. Maintain slope and soil stability;
C. Prevent cuts and fills, including those for access roads and driveways, that exacerbate the natural hazards, such as erosion and landslide, associated with developing on hillsides;
D. Encourage grading that follows natural contours, and encourage native landscaping;
E. Require that any grading performed adhere to best practices for engineering and soil conservation to avoid erosion and landslides and to have as minimal effect on the environment as possible;
F. Require maintenance for three (3) years, and financial security in an amount required by the commission, of graded areas where vegetation is proposed as erosion control to ensure that such revegetation conforms to the approved erosion control plan;
G. Direct development of buildings and other structures to appropriate areas of lowest elevation on hillside properties where such areas are part of the parcel or lot under consideration;
H. Ensure safe and reasonable access to and from the properties, including access by emergency services;
I. Require conformance with approved plans;
J. Require guarantees such as performance bonds as to compliance with the terms of the approval;
K. Control the sequence, timing and nature of development; and
L. Require that all development shall conform to any approved grading plan, storm drainage plan and erosion control plan. (Ord. 1191, 2015)
17.04N.100: NOTIFICATION BY ADMINISTRATOR:
The administrator shall give the applicant written notice of the commission's decision by mail within ten (10) days after the commission has reached its decision. (Ord. 1191, 2015)
17.04O.010: PURPOSE:
The purpose of the CC district is to recognize the built character of the central established downtown area of Hailey, encourage economic development, conserve building resources and enhance the district with increased pedestrian orientation, by modifying the parking requirements for all uses to better respond to the unique conditions and circumstances of the district, all in accordance with the comprehensive plan, for the desirable future development of the city of Hailey. (Ord. 1191, 2015)
17.04O.020: ESTABLISHMENT OF CENTRAL CORE OVERLAY DISTRICT:
The CC district is hereby established for all properties lying within area described as lots 11 through 20 of blocks 28, 33 and 40, lots 1-10 of blocks 29 and 32, Hailey Townsite, and Bullion Square Condominiums. (Ord. 1191, 2015)
17.04O.030: GENERAL APPLICATION:
The CC district shall be an overlay district and sets forth parking requirements for uses located within the district. Where the parking regulations specified in this article differ from corresponding regulations specified in chapter 17.09 of this title, the requirements of this article shall apply and control. All other bulk and use requirements of the underlying zoning district shall govern. (Ord. 1191, 2015)
17.04O.040: PARKING REQUIREMENTS:
Certain parking requirements set forth in chapter 17.09 of this title may be modified as follows for all properties and uses within the CC district:
A. Location Of Parking Spaces (Section 17.09.020.01 Of This Title): Off street parking spaces for nonresidential uses shall be located not more than one thousand two hundred feet (1,200') from the principal use and must be located within a B or LB zoning district.
B. Credit For Parking Spaces By Improving City Right Of Way (Section 17.09.020.03 Of This Title): Nonresidential uses may improve city right of way within two thousand feet (2,000') of the property on which the use is located and may be credited with the parking spaces created by that improvement, subject to the following requirements:
1. Improvements for parking spaces to be credited to a property will be in accordance with adopted city standards and will be constructed according to engineered drawings for the right of way. Sufficient space, exclusive of travel lanes, for the planned parking within the right of way must exist. These improvements may include concrete curb, gutter and sidewalk, asphalt paving, storm drainage, street trees, including irrigation, ornamental lamps, benches, trash receptacles or other street furniture, parking striping or any other improvement considered necessary or appropriate to the district and surrounding uses by the administrator or the commission.
2. No parking area within any city right of way shall be held or used for exclusive parking for any property owner. The right of way shall be open to use by the public. At the direction of the council, the right of way improved may be posted for short term parking only.
3. Credit shall also be given for those improvements installed as a portion of a local improvement district which assessed the subject property.
4. No angle in parking shall be developed in any right of way less than fifty feet (50') from the centerline to the property line.
5. No parking is permitted in any public or private travel lane. Lane widths are as established in city standards.
6. Improvements shall be located within or adjacent to the business, limited business or transitional districts, unless no location within two thousand feet (2,000') is found to be feasible for such improvements.
7. Credit for parking spaces for right of way improvements within two thousand feet (2,000'), but not directly contiguous to the subject property, may be given for one hundred percent (100%) of the total required number of parking spaces for any development.
C. Parking Space Requirements: The minimum number of parking spaces which shall be provided by the given use set forth in section 17.09.040 of this title may be reduced by twenty five percent (25%). Where the calculation of parking spaces results in a fraction, the required parking shall be rounded down to the nearest whole number. (Ord. 1191, 2015)
HA1025 17.04P.txt ()
17.04P.010: PURPOSE:
The purpose of the Peri-Urban Agricultural Overlay District (PA) is to recognize changes in community development needs and trends with emphasis on proactive integration of peri-urban agricultural (or village) facilities, educational institutions, semi-public and non-profit projects and recreational improvements to maximize community assets sustainably. Limited commercial uses clearly subordinate to, and supportive of the uses identified above, are also allowed as permitted or conditional uses. The new zone promotes consideration of sustainable principles in all aspects of the community whereby core infrastructure impacts are minimized while maximizing community asset use. (Ord. 1220, 2017)
17.04P.020: ESTABLISHMENT OF PERI-URBAN AGRICULTURAL OVERLAY DISTRICT:
The Peri-Urban Agricultural Overlay District (PA) is hereby established and shall apply to all areas of land within the City as shown on the official zoning map for the City of Hailey. (Ord. 1220, 2017)
17.04P.030: GENERAL APPLICATION:
The Peri-Urban Agricultural Overlay District (PA) shall set forth use and bulk requirements for buildings and structures located within the PA Overlay District. Where the regulations specified in this article differ from corresponding regulations specified for the underlying zoning district, the requirements of the PA Overlay District shall govern. (Ord. 1220, 2017)
17.04P.040: PERMITTED USES:
Permitted uses for the PA District are limited to the following:
Permitted uses in the underlying zoning district.
Dwelling units within mixed use buildings.
Peri-urban agriculture.
Schools (subject to the additional requirements set forth in subsections 17.11.040.03B3 through B7 of this title).
Semi-public uses. (Ord. 1220, 2017)
17.04P.050: CONDITIONAL USES:
Conditional uses for the PA District are limited to the following:
Alternative energy systems.
Community/event center.
Peri-urban agriculture processing: limited to plant products.
Peri-urban retreat center.
Temporary structures. (Ord. 1220, 2017)
17.04P.060: ACCESSORY USES:
Accessory uses for the PA District are limited to the following:
Accessory uses in the underlying zoning district. (Ord. 1220, 2017)
17.04P.070: BULK REQUIREMENTS:
Unless otherwise set forth in the district use matrix, section 17.05.040 of this title, bulk requirements for the PA Overlay District shall be as required by the underlying zoning district. (Ord. 1220, 2017)
HA1025 17.04Q.txt ()
17.04Q.010: PURPOSE:
The purpose of the Small Residential Overlay District (SRO) is to promote the health, safety and welfare of current and future residents of the City of Hailey; to modify the density, bulk and parking requirements of certain areas of the Business Zoning District (B) in order to encourage the development of higher density residential housing to help meet the housing needs of the community; to encourage infill while retaining neighborhood character; to create sufficient flexibility to allow for desirable development; to conserve building resources; and to enhance neighborhoods with increased pedestrian orientation, all in accordance with the City of Hailey Comprehensive Plan, for the desirable future development of the City of Hailey. (Ord. 1221, 2017)
17.04Q.020: ESTABLISHMENT OF SMALL RESIDENTIAL OVERLAY DISTRICT:
The Small Residential Overlay District is hereby established for all properties lying within the boundaries shown on the official zoning map for the City of Hailey. The overlay district applies to properties located within the SRO regardless of zoning district designation. Utilization of the relaxed bulk, density and parking provisions allowed in this overlay district is expressly contingent upon obtaining a conditional use permit pursuant to chapter 17.11 of this title. (Ord. 1221, 2017)
17.04Q.030: GENERAL APPLICATION:
The Small Residential Overlay District shall be an overlay district with bulk, density and parking requirements for buildings and structures located within the Small Residential Overlay District which are developed as multi-family or mixed use with all residential dwelling units being one thousand (1,000) square feet or smaller and with a conditional use permit. Where the regulations specified in this article differ from corresponding regulations specified for the underlying zoning district, the requirements of this article shall apply and control. (Ord. 1221, 2017)
17.04Q.040: BULK REQUIREMENTS:
For other supplementary location and bulk regulations, see chapter 17.07 of this title.
A. Residential Percentage: There shall be no maximum residential percentage on the ground level. (Ord. 1221, 2017)
17.04Q.050: MULTI-FAMILY, MIXED USE DENSITY AND UNIT MIX:
A. Maximum Residential Units Per Acre: There shall be no limit on the maximum number of residential dwelling units per acre, with the exception of the maximum number of dwelling units per project.
B. Maximum Project Size: The maximum size of any single project shall be seven (7) original townsite lots.
C. Maximum Project Density: The maximum number of residential dwelling units per project is fifty (50).
D. Unit Mix: For every residential dwelling unit less than three hundred (300) square feet, there shall be at least one unit greater than three hundred (300) square feet. (Ord. 1221, 2017)
17.04Q.060: PARKING SPACE, SCREENING, STORAGE, COMMUNAL SPACE AND ON-SITE MANAGEMENT REQUIREMENTS:
A. On-Site Parking Space Requirements For Multiple Family Dwellings And Dwelling Units Within A Mixed Use Building:
1. A minimum of one space per residential dwelling unit, where up to twenty five percent (25%) of required on-site parking spaces may be provided as compact parking spaces. Compact spaces must be signed as such.
2. A minimum of fifty percent (50%) of the on-site parking shall be covered by a carport or enclosed structure.
3. At least one guest parking space for every six (6) dwelling units. Unimproved City rights-of-way adjacent to the site that are improved as part of the project shall count towards the guest parking requirement.
B. Screening And Landscaping:
1. A landscape buffer may consist of an acceptably designed wall or fence incorporating drought tolerant plantings; and
2. Minimum distance setbacks shall not apply.
C. On-Site Parking Dimension: Where all parking spaces on one side of an aisle are compact spaces and the parking angle is ninety degrees (90°), the minimum aisle width may be twenty two feet (22').
D. Storage: All units under five hundred (500) square feet shall be provided with on-site storage suitable for bikes, skis and other similar items. Size, location and design of the storage areas shall be determined through the conditional use permit process.
E. Indoor Communal Area: Indoor communal area shall be provided for projects which contain units less than three hundred (300) square feet in size. Size of the communal area to be determined through the conditional use permit process, but may not be less than three hundred (300) square feet.
F. On-Site Management: On-site management shall be provided if required through the conditional use permit process. (Ord. 1221, 2017)
HA1025 17.04R.txt ()
17.04R.010: PURPOSE:
The purpose of the Downtown Residential Overlay District (DRO) is to promote the health, safety and welfare of current and future residents of the City of Hailey; to modify the density, bulk and parking requirements of certain areas of the Business, Limited Business and General Residential Zoning Districts in order to encourage the development of mid-density residential housing to help meet the housing needs of the community; to encourage infill while retaining neighborhood character; to create sufficient flexibility to allow for desirable development; to conserve building resources; and to enhance neighborhoods with increased pedestrian orientation, all in accordance with the City of Hailey Comprehensive Plan, for the desirable future development of the City of Hailey. (Ord. 1238, 2018)
17.04R.020: ESTABLISHMENT OF DOWNTOWN RESIDENTIAL OVERLAY DISTRICT:
The Downtown Residential Overlay District is hereby established for all properties lying within the boundaries shown on the map attached to the ordinance codified herein, incorporated by reference herein. The overlay district applies to properties located within the DRO regardless of zoning district designation. (Ord. 1238, 2018)
17.04R.030: GENERAL APPLICATION:
The Downtown Residential Overlay District shall be an overlay district with bulk, open space, landscaping and parking requirements for buildings and structures located within the district which are developed as multi-family or mixed uses. Where the regulations specified in this article differ from corresponding regulations specified for the underlying zoning district, the requirements of this article shall apply and control, except as otherwise specified in this article. (Ord. 1238, 2018)
17.04R.040: USE AND BULK REQUIREMENTS:
Use and bulk requirements shall be those of the underlying zoning district, except where specifically amended herein. (Supplementary location and bulk requirements of chapter 17.07 of this title shall also apply in the DRO.)
A. Residential Percentage: There shall be no maximum residential percentage on the ground level. (Ord. 1238, 2018)
17.04R.050: MULTI-FAMILY AND MIXED USE DENSITY:
A. Maximum Residential Units Per Acre: Residential units per acre provisions of the underlying district shall not apply; rather density shall be limited by required open space, parking, landscaping and standards of review from chapter 17.06, "Design Review", of this title. The commission shall have the discretion to modify building design based on the standards in chapter 17.06 of this title.
B. Dwelling Unit Average Size Requirement: The average dwelling unit size shall be not less than six hundred (600) net square feet per building. (Ord. 1238, 2018)
17.04R.060: PARKING SPACES, SCREENING AND STORAGE REQUIREMENTS:
A. On-Site Parking Space Requirements For Multiple Family Dwellings And Dwelling Units Within A Mixed Use Building:
1. A minimum of one space per residential dwelling unit, where up to twenty five percent (25%) of required on-site parking spaces may be provided as compact parking spaces. Compact spaces must be signed as such.
2. At least one guest parking space for every six (6) dwelling units. Unimproved City rights-of-way adjacent to the site that are improved as part of the project shall count towards the guest parking requirement.
B. Useable Open Space, Screening And Landscaping:
1. Useable open space of not less than ten percent (10%) of the total lot area shall be included in the project design. Useable open space shall not include private decks, patios or rooftop gardens.
2. A landscape buffer between parking areas and residential zone districts may consist of an acceptably designed wall or fence incorporating drought tolerant plantings; and
3. Minimum distance setbacks in section 17.09.020.11 of this title shall not apply.
C. On-Site Parking Dimension: Where the parking angle is ninety degrees (90°), the minimum aisle width may be twenty two feet (22'), as determined through the design review process.
D. Storage: All units under five hundred (500) square feet shall be provided with on-site storage suitable for bikes, skis and other similar items. Size, location and design of the storage areas shall be determined through the design review process. (Ord. 1238, 2018)
17.04R.070: PROPERTIES LOCATED WITHIN THE SMALL RESIDENTIAL OVERLAY DISTRICT (SRO):
Properties located within the SRO shall utilize either the provisions of this article or the provisions of the SRO article (article Q of this chapter) in their entirety. Selective choice of specific provisions is not permitted. (Ord. 1238, 2018)