A.   Statutory Authorization: The legislature of the State has, in the Idaho Code, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Mayor and Council of the City do ordain as follows:

   B.   Findings Of Fact: The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

   C.   Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for:

      1.   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

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

      3.   Controlling the alterations of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      4.   Controlling filling, grading, dredging and other development which may increase flood damages;

      5.   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 612, 5-12-1987)

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

APPEAL: A request for a review of the Administrator's interpretation of any provision of this Chapter, or a request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

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

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

FLOOD INSURANCE RATE MAPS (FIRM): The official map on which the Federal Insurance Administration has delineated both areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary - Floodway Map, and the water surface elevation, of the base flood.

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

   A.   The overflow of inland or tidal waters; and/or

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

FLOODWAY: The channel of a river or other watercourses and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonresidential design requirements of this Chapter found at subsection 11-5-5H of this Chapter.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

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.

NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date hereof.

START OF CONSTRUCTION: Includes substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STRUCTURE: A walled and roofed building that is principally above ground.

SUBSTANTIAL IMPROVEMENT: A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

      1.    Before the improvement or repair is started; or

      2.    If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

   B.   The term does not, however, include either:

      1.    Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

      2.    Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historic Places.

VARIANCE: A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. 612, 5-12-1987)

   A.   Lands To Which Chapter Applies: This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City.

   B.   Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific way and engineering report entitled The Flood Insurance Study for the City of Orofino dated November, 1979, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study is on file at the office of the City Clerk.

   C.   Compliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.

   D.   Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflicts or overlaps, whichever imposes the more stringent restrictions shall prevail.

   E.   Interpretation: In the interpretation and application of this Chapter, all provisions shall be:

      1.   Considered as minimum requirements;

      2.   Liberally construed in favor of the City Council; and

      3.   Deemed neither to limit nor repeal any other powers granted under State statutes.

   F.   Warning And Disclaimer Of Liability:

      1.   The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

      2.   This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 612, 5-12-1987)

   A.   Establishment Of Development Permit: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 11-5-3A of this Chapter. The permit shall be for all structures including manufactured homes, as set forth in Section 11-5-2, "Definitions" of this Chapter. Application for a permit shall be made on forms furnished by the Administrator, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

      1.   Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.

      2.   Elevation in relation to mean sea level to which any structure has been floodproofed.

      3.   Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 11-5-5H of this Chapter.

      4.   Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

   B.   Designation Of Administrator: The Building Official is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.

   C.   Duties And Responsibilities Of Administrator: The duties of the Administrator shall include, but not be limited to:

      1.   Review of all permits to determine that the permit requirements of this Chapter have been satisfied; and

      2.   Review of all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

   D.   Use Of Other Base Flood Data: When base flood elevation data have not been provided in accordance with subsection 11-5-3B, "Basis for Establishing Areas of Special Flood Hazard", the Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 11-5-5F, "Specific Standards"; and 11-5-5J, "Floodways".

   E.   Information To Be Obtained And Maintained: The following information shall be obtained and maintained on file at the office of the City Clerk:

      1.   The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

      2.   For all new or substantially improved structures:

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

         b.   Maintain the floodproofing certifications required in subsection A3 of this Section.

      3.   Maintain for public inspection all records pertaining to the provisions of this Chapter.

   F.   Alteration Of Watercourses: The Administrator of this Chapter shall:

      1.   Notify adjacent communities and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

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

   G.   Interpretation Of FIRM Boundaries: The Administrator shall make interpretation, where needed, as to exact location of the boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection H below.

   H.   Variance Procedure:

      1.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items in subsections I1 through I2 of this Section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variances increases.

      2.   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

      3.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon:

         a.   A showing of good and sufficient cause;

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

         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense; create nuisances, cause fraud on, or victimization of the public as identified in subsection I of this Section, or conflict with existing local laws or ordinances.

      4.   Variances, as interpreted in the National Flood Insurance Program, are based upon the general zoning law principal that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

      5.   Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, comply with all other variance criteria except subsection 11-5-5H of this Chapter and otherwise comply with subsection 11-5-5A of the "General Standards".

      6.   Variances may be the minimum necessary, considering the flood hazard, to afford relief.

      7.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   I.   Appeal Board: The Appeal Board, as established by the Mayor and Council of the City, shall hear and decide appeals and requests for variances from the requirements of this Chapter. The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Administrator in enforcement or administration of this Chapter.

Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the Second Judicial District Court of Clearwater County, as provided in the Idaho Code. In passing upon such applications, the Appeal Board shall consider all technical evaluation, all relevant factors, standards specified in other sections of this Chapter, and:

      1.   The danger that materials may be swept onto other lands to the injury of others;

      2.   The danger to life and property due to flooding or erosion damage;

      3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      4.   The importance of the services provided by the proposed facility to the community;

      5.   The necessity to the facility of a waterfront location where applicable;

      6.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

      7.   The compatibility of the proposed use with existing and anticipated development;

      8.   The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;

      9.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

      10.   The expected heights, velocity, duration, rate of rise, and sediment transportation of the flood waters and the effects of wave action, if applicable, at the site;

      11.   The cost 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, streets and bridges. (Ord. 612, 5-12-1987)

In all areas of special flood hazard, the following standards are required:

   A.   Anchoring: All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guide book for additional techniques).

   B.   Construction Materials And Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

   C.   Utilities: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems, and discharge from the systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.

   D.   Subdivision Proposals: All subdivision proposals shall be consistent with the need to minimize flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Where base flood elevation has not be provided, or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).

   E.   Review Of Building Permits: Where elevation data are not available, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above the grade in these zones may result in higher insurance rates.

   F.   Specific Standards: In all areas of special flood hazards, base flood elevation data have been provided as set forth in subsection 11-5-3B, "Basis for Establishing the Areas of Special Flood Hazard", or subsection 11-5-4D, "Use of Other Base Flood Data".

   G.   Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designated to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:

      1.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

      2.   The bottom of all openings shall be no higher than one foot (1') above grade;

      3.   Openings may be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

   H.   Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

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

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

      3.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based upon their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Administrator as set forth in subsection 11-5-4A3 of this Chapter.

      4.   Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection G1 through G3 above.

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

   I.   Manufactured Homes: All manufactured homes to be placed or substantially improved within Zones Al - A30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection A of this Section.

   J.   Floodways: Located within areas of special flood hazard established in subsection 11-5-3B of this Chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and have erosion potential, the following provisions apply: (Ord. 612, 5-12-1987)

      1.   Encroachments are prohibited, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and (Ord. 613, 6-9-1987)

      2.   If subsection J1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section. (Ord. 612, 5-12-1987)

The Council may from time to time amend, supplement or repeal the regulations of this Chapter in the following manner: the Council, prior to adopting an amendment, supplement or repeal of this Chapter, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time, place, and summary of the plan to be considered shall be published in the official newspaper or paper of general circulation within the jurisdiction. Following the Council meeting, if the Council makes a material change in this Chapter, other than that published for the present hearing, further hearings shall be provided before the Council adopts the amendment, supplement or repeal. (Ord. 612, 5-12-1987)

Failure to obtain the necessary permits shall be a violation of this Chapter. (Ord. 612, 5-12-1987)

The maximum penalty for the conviction of any violation of this Chapter shall be the same as the maximum penalty set by the Idaho Code for misdemeanors. (Ord. 612, 5-12-1987)