15-20 - FLOOD HAZARD REGULATIONS

Ordinance NO. ORD-15-20

BY THE COUNCIL BAGEANT, CLEGG , HALLYBURTON, SANCHEZ, THOMSON AND WOODINGS

AN ORDINANCE AMENDING TITLE 11, CHAPTER 8 (FLOODHAZARD REGULATIONS) OF BOISE CITY CODE, REFERENCING A NEW FLOOD INSURANCE STUDY AND RATE MAPS, UPDATING DEFINITIONS AND REGULATIONS, AND INCREASING THE FREEBOARD REQUIREMENT IN THE FLOODPLAIN; PROVIDING FOR A WAIVER OF THE READING RULES; APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on March 2, 2020, followinga public hearing,the Planning and Zoning Commission for the City of Boise recommended approval of ZOA19-00006; and

WHEREAS, on May 12, 2020, the Boise City Council, following a public hearing, approved adoption of ZOA19-00006.

NOW THEREFORE, BE IT ORDAINEDBY THE MAYOR AND COUNCILOF THE CITY OF BOISE CITY, IDAHO:

Section 1. That existing Boise City Code Title 11, Chapter 8, shall be, and hereby is, amended to read as reflected in Exhibit A.

Section 2. That the summary of this Ordinance, attached as Exhibit B, shall be, and hereby is, approved as to form and content.

Section 3. That following passage, approval, and publication, this ordinance may be visually reformatted administratively to ensure a consistent and correct appearance.

Section 4. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on June 19, 2020 after the passage, approval and publication of a summary of this Ordinance in the official newspaper of the City of Boise.

ADOPTED by the Council of Boise City, Idaho, on May 12, 2020. APPROVED by the Mayor of the Boise City, Idaho, on May 12, 2020.

APPROVED:


ATTEST:

CHAPTER 11-08: Flood Hazard Regulations

1 1 - 0 8- 01. G E N E R A L P R O V I S ION S

1. CHAPTER PURPOSE


A. The floodhazard areas of Boise City,Idaho, are subjectto periodic inundation, which may resultin loss of life and property, health and safetyhazards, disruption of commerce and government 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.

B. Flood losses are caused by naturalforces and construction practices which increase flood heights and velocities, and by structures which are inadequately anchored and which may damage propertyin other areas. Uses that are inadequately flood-proofed, elevated or otherwise unprotected from flood damage also contribute to flood losses.

C. It is the purposeof this chapterto promote publichealth, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditures of public money and costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruptions;

(5) To minimizedamage to publicfacilities and utilitiessuch as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in Areas of Special Flood Hazard;

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

(7) To ensurethat potential buyers are notifiedwhen property is in an Area of Special Flood Hazards; and

(8) To ensure that those who occupy the Areas of Special Flood hazard assume responsibility for their actions.

2. METHODS OF REDUCING FLOOD LOSSES

This chapter describes guidelines and provisions for:

A. Restricting or prohibiting uses which aredevelopment that is dangerous to health, safety, and property due to water or erosion hazards, or which resulting damaging increases in erosion or in flood heights or velocities;

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

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

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

E. Preventing or regulating the construction of flood barrierswhich will unnaturally divert flood water or may increase flood hazards in other areas.

3. APPLICABILITY

The provisions of this chapter shall apply to all areas of special flood hazard, within the jurisdiction of Boise City, and as such lands are identified, within the Floodway,Floodway Fringe, or the Area of Shallow Flooding. The areas of special floodhazard are identified by the FederalEmergency Management Agency in a scientific and engineering reportentitled "Flood InsuranceStudy" for Ada County, Idaho, and iIncorporated aAreas dated June 19, 2020 February 19, 2003, which includeswith accompanying Flood Insurance Rate Maps, and flood profiles,along with all subsequent amendments which are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Maps areis on file with the Boise City Planning Director,Boise City Planningand Development Services Director, and the Boise City Engineer, Department of Public Works.

4. CREATION OF ZONES

The Floodway Zone, the FloodwayFringe (FF) Zone and Area of ShallowFlooding (ASF) Zone: The Floodway zone, the Floodway Fringe Zone and Area of Shallow Flooding Zone are hereby created and shall have the boundaries as defined in this chapter(Section 11-08-0911-08-08) and shall have the requirements as set forth in this chapter.

5. EXCLUSIONS

Upon issuance of a Letter of Map Amendment or Letter of Map Revision,from FEMA, such land shall be deemedto be automatically excluded from the Floodway,Floodway Fringe and Area of Shallow Flooding.

6. COMPLIANCE

No newAll development shall hereafter occur within the Area of Special Flood Hazard (ASFH) unless such new development isshall be undertaken in full compliance with this chapter.Enforcement of violations shall be in accordance with Section 11-1-01-8.

7. ABROGATION & GREATER RESTRICTIONS

The provisions of this chaptershall be in addition to, and shall not be deemed to repeal, abrogate,or impair any other ordinance, regulation, easement, covenant or deed restriction. In the eventthat the provisions of this and any other ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever has the more restrictive requirements shall control.

8. SEVERABILITY

Each section, clause, and provision of this Code is declared severable as per Section 11-01-06.

9. INTERPRETATION

All of the provisions of this chapter shall be liberally construed in favor of the governing body and shall not be deemed to limit or repeal any other powers granted under state statutes.

10. WARNING AND DISCLAIMER

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 due to artificial or natural causes. This chapter does not imply

that lands outsidethe identified areas of specialflood hazard will be free from floodingor flood damages or that uses permittedwithin the identified areas of special flood hazard will be free from flooding or flooddamages. This chaptershall not create liability on the part of BoiseCity, or any officer or employee thereof, for any flood damagesthat result from reliance on this chapter or any administrative decision lawfully made hereunder.

1 1 - 0 8- 02. F L O O D W A Y ZON E

1. PERMITTED USES

All uses permitted by the base zone district within this Code, and as amended are permitted in Floodway Zones to the extent that the uses are consistent with the standardsof this Section.

2. STANDARDS


A. No new development shall be permitted including fill, new construction, substantial improvements or other development, unless

(1) It is public infrastructure, including but not limited to bridges, roadways,sewer and water lines, and

(2) A licensed professional engineer certifies that there is not any increase in flood levels during the occurrence of the Base Flood discharge, either as a result ofthe development or its cumulative effectIt hasbeen demonstrated throughhydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

B. All new development, new construction and substantial improvements shall comply with the applicable standards for uses in the Floodway Fringe.

C. Existing structures in the Floodway Zone which are displaced by floodwater shall not be reconstructed.

D. No alteration or relocation of a water course shall be permitted which would diminish the flood carrying capacity of the water course, or which would result in the floodingof lands which are not subject to flooding prior to such alteration or relocation of the water course, or which will result in adverse effects on other properties including but not limited to, bank erosion resulting from higher velocities, increased heights of floodwaters, extended flood duration, or alterations that may promote channel blockage.

E. Uses on parcels which include any portion of a floodway shall provide for channel stabilization, bank stabilization, or a setback from the edge of the floodway sufficient to protect the use from flood related erosion. Such measures shall be reviewed by a licensed professional engineer for effectiveness for the floodflow and velocityconditions anticipated at the site.

F. Check dams shall be designed and reviewed by a licensed professional engineer, and reviewedand approved by the Boise City Engineerto ensure the safety of persons and property which could be affected by the construction of the check dam.

G. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, other development (Including fill) shall be permitted within zones A1-30 and AE on the community's 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 more than two feetone foot at any point within the community.

3. PROHIBITED USES


A. New construction or substantial improvements of residential and non- residential structures, including both principal and accessory use structures, except as provided in 11-08-02.2.

B. Manufacture and storage of materials which are buoyant,flammable, toxic or explosive, or which may present a hazard to public healthor safety in time of flooding.

C. Standards for Sand and Gravel Extraction - Material stockpiles and permanently installed structures shall not be located withinthe floodway.

4. RELOCATING THE FLOODWAY (LINE)

A. All proposals to redefine the floodway boundary lines requirea resolution from the Boise City Council to adopt the amendments to the Floodway Insurance Rate Map, Floodway Boundary Maps, Floodway Maps, and the Flood ProfilesInsurance Study. The procedureshall include a review by the U.S. Army Corps of Engineers, the Federal Emergency Management Agency (LOMC Process), the Boise City Department of Public Works,and the BoiseCity Planning and Development Services Department, prior to submittal to the City Council.

B. The FloodwayBoundary Line may be relocateddue to refinements of the floodway calculations based upon new information concerning the existingconditions.

C. The floodwayboundary line may not be relocated throughphysical alterations to the lands in the floodplain.

Text Box: 11 - 08- 03. FLOODWAY FRINGE ( FF) ZONE AND AREA OF SHALLOW FLOODING ( ASF) ZONE

1. PERMITTED USES

All uses permittedin the base zone districtwithin the this Code and as amended,are permitted in the Floodway Fringe Zone and Area of Shallow Flooding Zone to the extent that such uses are consistent with the standards within this Section.

2. STANDARDS


A. Uses

(1) Except for levees, all new development shall utilize methods and practices that minimize development flood damage and prevent the increase in flood damage potential to other properties or other adverseimpacts including but not limitedto, bank erosion resulting from higher velocities, increased heights of floodwaters, extended flood duration, or alterations that may promote channel blockage.

(2) All new development shall utilize materials and utility equipmentresistant to flood damage.

(3) All new construction and substantial improvements to structures shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads including the effects ofbuoyancy.

(4) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement,and shall be installed usingmethods and practices that minimize flood damage. Anchoring methods may include, but are not limited to; use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook Protecting Manufactured Homes from Floods& Other HazardsFEMA P-85 11/2009for additional techniques).

(5) Drainage practices shall be utilized which minimize exposure to flood hazards.

(6) Manufacture and/or storage of material which is buoyant, flammable, toxic or explosive is prohibited.

(7) River crossingsshall be designedto withstand the flows and velocities of the base flood discharge and shall not impede the flows.

(8) All development and structures shall meet or exceed the requirements of Section11-05-06 Boise River System Overlay District if applicable.

(9) Water velocities within the floodway fringe are not significantly increased so as to cause adverse effects on the site or to surrounding properties.

(10) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

B. Utilities

(1) All new and replacement water supply systemsshall be designedto prevent infiltration of flood waters into the systems.

(2) New and replacement wastewater disposal systems shall be designedto minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

(3) On-site waste disposal systems are prohibited in the Floodway Fringe Zone and Area of Shallow Flooding Zone.

(4) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designedand/or otherwise elevatedor located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C. Development, Including Subdivisions and Manufactured Home Parks

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

(2) All subdivision proposals shall have public utilities and facilities such as sewer,gas, electrical, and water systems locatedand constructed to minimize flooddamage.

(3) All subdivision proposals shall have adequate drainage to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided and shown on the preliminary plat for all subdivision proposals. Such elevation data shall be certified by a licensed professional engineer or registered land surveyor. Where base flood elevation data has not been provided or is not available from another authorized source,it shall be generated for subdivision proposalsand other proposeddevelopments which contain at leastgreater than 50 lots or 5 acres (whichever is the lesser).

D. Residential Structures

(1) New construction and substantial improvement of any residential structure (including but not limited to mobile or manufactured homes) located in the Floodway Fringeshall have the lowest floor including basements and crawl spaces, elevated one foot two feet above the base flood elevation.

(2) New construction and substantial improvement of any residential structure located in the Area of Shallow Flooding(AO Flood Zone)shall have the lowest floor, including basements and crawl spaces, elevated to the one foot above the base flood elevationflood depth specified on the FIRM measured at highest adjacent grade, or at least two feet above highest adjacent grade when a flood depth is not identified. The height of the adjacent grade and the lowest floor including basementand/or the first floor shall be certifiedby a licensed professional engineer or registered land surveyor.

(3) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer and or must meet or exceed the following minimum criteria:

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

(b) The bottomof all flood openings shall be no higher than one foot above the interior or exterior adjacentgrade.

(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

E. Manufactured Homes

(1) All manufactured homes shall be that are placed or substantially improved on sites:

(a) Outside of a manufactured home park or subdivision;

(b) In a new manufactured home park or subdivision;

(c) In an expansion to an existing manufactured home park or subdivision; or

(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood.

All manufactured homes sShall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevatedto or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(2) Manufactured homesto be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of "A" above, be elevated so that either:

(a) The lowestfloor of the manufactured home is at or above the base flood elevation, or

(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securelyanchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

F. Nonresidential Structures (includes accessory structures such as sheds, detached garages, etc.)

(1) Elevating

New construction and substantial improvement of any nonresidential structures shall meet the following:

When located in the Floodway Fringe, such structures shall have the lowest floor, including basements and crawl spaces, elevated to one foot two feet above the base flood elevation. When located in the Area of ShallowFlooding, such structures shall have the lowest floor, including basement, elevated to the level of the base flood elevationdepth as indicated on the FIRM or at least 2 feet above highest adjacent grade if no depth number is specified.

(a) Elevations of adjacent grade and the first floor shall be certified by a licensed professional engineer or registered land surveyor to the BuildingDirectorOfficial.

(b) Nonresidential structures that are elevated, but not flood proofed, must meet the same standards for space below the first floor as described in subsection D above.

(2) Flood-proofing

In lieu of elevating nonresidential structures as required in this Section, new construction and substantial improvement of any nonresidential structures shall meet the following:

(a) When locatedin the Floodway Fringe, such structures togetherwith attendant utility and sanitary facilities shall be flood-proofed to one foot above the base flood level so the structure is watertight with walls substantially impermeable to the passage of water.

(b) When locatedin the Area of ShallowFlooding, such structures, together with attendant utility and sanitary facilities, shall be flood-proofed to the base flood level so the structure is watertight with walls substantially impermeable to the passage of water.

(c) Such flood-proofing may not be required if a licensedprofessional engineer certifies that such flood-proofing is not necessary to resist hydrostatic and hydrodynamic loads and the effects of buoyancy becauseuplift will not occur dueto the nature of the flood, provided however, that flood-proofing of attendant utility and sanitary facilities is still required.

(d)(c) Structural components shall be capableof resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(e)(d) A licensedprofessional engineer shallcertify that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this Section based on their review of the structural design, specifications and plans. Such certifications shall be provided to the Planning Director.

G. Accessory Structures and Uses

(1) New accessorystructures are prohibited in the floodway. Accessory structures shall not exceed the following standards if constructed or placed in the Floodway Fringe:

(a) Accessory structures to nonresidential principaluses shall meet the standards listed for nonresidential structures (subsection F above) if the accessory structureexceeds 1,000 square feet in size.

(b) Accessory structures to residential principal uses shall not exceed 1,000 square feet in size; or 40 percent of the area of the rear yard of the property; or have

construction costs of more than 10 percent of the market value of the principal residential structure, whichever is the least.

(2) Accessory structures and uses shall be designedto have a low flood damage potential and shall be placed on the building site and constructed so as to offer the minimum resistance to the flow of floodwaters.

(3) Accessory structures shall meet the requirements of subsection A above, Standards for Uses.

H.G. Recreational Vehicles

Recreational vehicles placed on sites withinareas of specialflood hazard (ASFH)or areas of shallow flooding(ASF) as identified on the City'smost recently adoptedFlood Insurance Rate Map (FIRM) shall either:

(1) Be on the site for fewer than 180 consecutive days, or 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 disconnecttype utilities, and has no permanently attached additions); or

(2) Be fully licensed and ready for highway use, or

(3)(2) Meet the permit and elevation requirements for residential structures (subsection D above) and the anchoring requirements for manufactured homes (subsection E above).

1 1 - 0 8- 04. U N N U MBERE D "A ZON E S"

1. PERMITTED USES

All uses permitted in the Base Zone Districtwithin this Code and as amended, are permitted in the Unnumbered "A Zone" to the extent that such uses are consistent with the standardswithin this Section.

2. STANDARDS


A. Uses

(1) The use shall meet the standards listed in the standards for uses in the Floodway Fringe Zone and Area of Shallow Flooding Zone (Section 11-08-03.2.A).

(2) Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 11-08-01.3), 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 elevateat least two feet above grade in these zones may result in higher insurancerates.

(3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

B. Utilities

The utilities shall meet the standards listed for utilities in the Floodway Fringe Zone and Areaof Shallow Flooding Zone (Section 11-08-03.2.B).

C. Development, Including Subdivisions and Manufactured Home Parks

The subdivision proposal shall meet the standards listed for subdivisions in the Floodway Fringe Zone and Area of Shallow Flooding Zone (Section 11-08-03.2.C). 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.

D. Standards for Residential Structures

The residential structures shall meet the standards for residential structures listed in Floodway Fringe Zone and Area of Shallow Flooding Zone (Section 11-08-03.2.D).

1 1 - 0 8- 05. C R I T ICAL FACILITIES

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasiblealternative site is available. Criticalfacilities constructed within the SFHA shall have the lowestfloor elevated three feet or to the height of the 500-yearflood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.Access routes elevated to or above the level of the base flood elevation shall be providedto all critical facilities to the extent possible.

Text Box: 1 1 - 0 8- 06. G E N E R A L IRR I G A TION FLOODPLAIN DEVELOPMENT PERMIT

1. A GeneralIrrigation Floodplain Development Permit (GIFD) appliesto qualifying activities within the regulatory floodway or special flood hazard area. These permits may be issued to an irrigation entity for a period not to exceed five years. Examples of activities eligible under this provision include:

A. Dredging and grading of irrigation and drainage channels, when thefill from dredging or grading is not deposited on the banks of channels or anywhere within the regulatory floodwayor SFHA for longer than 10 days.

B. Seasonal gradingwithin natural stream channels to check or direct water into irrigation facilities (i.e. earthen “push-up dams” and “wing dams”).

C. Deposition of fill within the SFHA for less than 10 days. After 10 days, deposited fill must be removedfrom the SFHA, or gradedand compacted to existing grade within ± 0.2 feet. Deposition of fill includes deposition of material resulting from grading or excavating irrigation or drainage channels. Deposition of fill withinthe mapped floodwayrequires an individual permit.

D. Construction of new underground utilities that do not permanentlyalter the existing grade elevations by ± 0.5 feet. Excess soil from new pipes larger than 2 feet in diametermust be disposedof outside the regulatory floodway and SFHA.

E. In-kind replacement of irrigation and drainage works or components including but not limited to control gates or head gates, measuring devices and their housing structures/stilling wells, culverts, pumps, pipes, flumes, siphons and similar works. GIFD permits cannot authorize the In-kind replacement of dams or bridge structures.

F. New driveways, trails, sidewalks, roads and streets constructed completely at-or-below existing grade.

G. Armoring, stabilizing, securing, or in-kind replacement of existing infrastructure within the channelbanks (such as bridge piers,sewer/utility supports and storm water/sewer drainage outfalls/headwalls) when the dimensions (bank slopes, channel location, channel elevation) of the channel are not altered. This should not involve replacement with larger or additional above groundinfrastructure.

Text Box: 1 1 - 0 8-06.1 1 - 0 8-07. ADMINISTRATION

1. DUTIES OF THE FLOODPLAIN ADMINSTRATOR (BOISE PLANNINGDIRECTOR)

The Boise City Planning Directoris hereby appointed to administer and implement this chapter and, as the Floodplain Administrator, shall perform the following duties:

A. Review Applications

Review all applications for Base Zone District changes,subdivisions, special use permits, conditional use permits and planned developments to determine:

(1) If the development is within an area of special flood hazard;

(2) To determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approvalis required; and

(3) For compliance with the provisions of this chapterand disclose to the PZC and Council whether the application is, or is not, in compliance with the provisions of this chapter.

B. Interpretations

(1) Make interpretations of the location of the boundaries of the Floodway and the Floodway Fringe.

(2) When uncertainty exists as to whether a new development is within an Area of Special Flood Hazard, determinewhether development is within the Floodway or Floodway Fringe.

C. Zoning Certificates

Issues zoning certificates for those structures which are to be constructed or modified in compliance with the provisions of this chapter and the other applicable provisions of this code.

D. Variances

Variances may be issued by the Directorfor the reconstruction, rehabilitation or restoration of “historic structureslisted on the NationalRegister of HistoricPlaces or the State Inventoryof Historic Places, withoutregard to the procedures set forth in this chapterupon a determination thatthe proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure..

E. Available Data

Obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sourcewhen such data has not been providedin the Flood Insurance Study.

F. Record Keeping

Compile and maintainin perpetuity for public inspection all records pertaining to the provisions of this chapter, includingrecords of all appeal actionsand variances, recordsof first floorelevations, flood-proofing certificates, letters of map amendment and all other records required by this chapter and by federal regulations.

G. Notification G.

Notify adjacent jurisdictions and the Idaho Department of Water Resourcesprior to any alteration

or relocation of a watercourse, and submit evidenceof such notification to the Federal Emergency

Management AgencyInsurance Administrator; and require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. maintenance be provided within the altered or relocated portion of such watercourse so that the flood carrying capacity of the watercourse is not diminished.

Annual Reports

Submit annual reports,and other reportsto the Federal Emergency Management Agency, as required and as requested.

(1) Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal InsuranceAdministrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates andfloodplain management requirements will be based upon current data.

(2) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

H. Engineer Certification

(1) Require that for all new or substantially improvedstructures in an Area of Special Flood Hazard along the Boise River or in the gulches, a licensed professional engineer or registered land surveyor certify the actual elevation (in relation to mean sea level) of the lowestfloor (including basement) of the structure; and record the certified elevation and whether or not the structure contains a basement.

(2) Require that for all new or substantially improvedstructures in an Area of Shallow Flooding in an Area of Special Flood Hazard, a licensed professional engineer or registered land surveyor shall certify the actual height in feet, as measured from thebuilding edges at the lowest floor height to the highest groundwhich surrounds the buildingand record the certified heightand whether or not the structure contains a basement.

(3) Require that for all new or substantially improved flood-proofed non-residential structures; a licensed professional engineer or registered land surveyor certify that the actual elevation (in relation to mean sea level) to which the structure is flood-proofed; and the Boise City Planning and Development Services Director shall maintain copiesof the flood-proofing certificates as required in this chapter.

I. Permit Issuance

Issue building or grading permits for new construction, new development, and substantial improvement to structures whichare in compliance with the provisions of this Ordinance.

J. Corrective Procedures

When the Floodplain Administrator finds violations of applicable State and local laws, it shall behis or her duty to notify the owner or occupant of the buildingof the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

2. DUTIES OF THE BOISE CITY ENGINEER

Upon request from the Director, the Boise City Engineer shall provide technical assistance and information including but not limited to verify field surveys and technical information submitted by any applicant for new development.

Text Box: 1 1 - 0 8-07.1 1 - 0 8-08. VARIANCES AND APPEALS

1. GENERAL PROVISIONS

A. Consideration of Size and Location

Generally, the only circumstances under which a variance may be issued are for new construction and substantial improvements to be erectedon a lot of 1/2 acre or less in size, contiguous to and surrounded by, lots with existing structures constructed below the Base Flood Elevation.

B. Consideration of Standards

Variancesmay only be approved after the standardsprovided in (see Section C below) have been fully considered. As the lot size increased beyond 1/2 acres, the technical justification for issuing the variance increases.

C. Consideration of Technical Information

In the reviewof requests for variances, the Planning and Zoning Commission shall consider all technical evaluations, all relevantfactors, and standards specified in this chapter:

(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; the necessity to the facilityof a waterfront location where applicable;

(5) The availability of alternative locationsfor the proposeduse which are not subjectto flooding or erosion damage;

(6) The compatibility of the proposeduse with existingand anticipated development;

(7) The relationship of the proposed use to the Boise City Comprehensive Plan and floodplain management program for that area;

(8) The safety of accessto the property in times of flood for ordinaryand emergency vehicles;

(9) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and

(10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilitiesand facilities including but not limited to sewer, gas, electrical, water systems, and streets and bridges.

2. CONDITIONS FOR VARIANCES

For new developments and substantial improvements to existing structures, the conditions for a variance shall comply with Section 11-08-07.1.D as well as the following:

A. Prohibitions

Variances shall not be issued within any designated floodwayif any increase in flood levels during the Base Flood discharge would result.

B. Necessary Minimum

A variance shall only be issued upon determination that the varianceis the minimum necessary, considering the flood hazard, to afford relief.

C. Approval Criteria

A variance shallonly be issuedupon a showing of good and sufficient cause; a determination that failure to grantthe variance wouldresult in exceptional hardship to the applicant; and a

determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, degradation of or victimization of the public, or conflict with existing local laws or ordinances.

D. Rarely Allowed

Variances as interpreted in the NationalFlood Insurance Programare based on the generalzoning law principle 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.

E. Variances for Nonresidential Structures

Variances may be issued for nonresidential buildings in very limitedcircumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and otherwise complieswith of the Standards for Uses and Standard for Utilities.

F. Conditions for Approval

Upon consideration of the factorsand the purposes of this chapter, the PZC may attach such conditions to the grantingof variances as it deemsnecessary to furtherthe purposes of this chapter.

G. Flood Insurance Notice Required

Any applicant to whom a variance is issued shall be given written notice that the cost of flood insurance may be commensurate with any increased flood risk.

H. The Floodplain Administrator shall maintain a record of allvariance actions, including justification for their issuance.

3. APPEALS


A. Process for an Appeal

(1) The applicantor any aggrieved party may appeal the Director's decisionor determination to the PZC in accordance with this Code (Section 11-03-03.9).

(2) The applicant or any aggrieved party may appeal the PZC decision or determination to the Council in accordance with this Code (Section 11-03-03.9).

(3) Within 10 calendar days after receipt of the appeal, the Council shall establish a date for hearingsuch appeal and shall notifythe appealing partyand all persons notified for the previous hearing.

(4) The Council,in reviewing the decision of the PZC, may sustainor deny the PZC, or the Councilmay amend or modify the decision or determination of the PZC by imposing additional or different conditions orlimitations.

B. Basis for an Appeal

An appeal which alleges that there is an error in any requirement, decision, or determination made by any administrative officer of Boise City, or by the PZC in the enforcement or administration of this chapter, shall be supported by technical and scientific evidence, which may include, but is not limited to:

(1) An actual copy of the recorded plat map showing the property;

(2) A topographic map showing ground elevation contours and the curvilinear line representing the area subject to inundation by the Base Flood; and

(3) Certification by a licensed professional engineer or licensed land surveyor of the elevation of the lowestfloor (including basement), the elevation of any fill and the date on which the fill was placed, the elevation to which any structure has been flood-proofed, and written statement setting forth the error allegedand the basis for appeal.

Text Box: 1 1 - 0 8-08.1 1 - 0 8-09. DEFINITIONS

As used in this Chapter each of the terms defined shall have the meaning given in this Section unless a differentmeaning is clearly required by the context.

Accessory or Appurtenant Use or Structure

A use or structure which is subordinate to the principal use structure on the same parcel and which servesa purpose customarily incidental to the principaluse or structure. The accessory use or structure shall, in no instance, includea dwelling unit or be used for humanhabitation.

Appeal

A request to the Planning and Zoning Commission for a review of the floodplain administrator's interpretation of any provision of this chapter.

Area of Shallow Flooding (ASF)

An area shown on the flood insurancerate map as an AO zone with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. These areas are also referred to as the alluvial fans if velocity data is provided on the FIRM, and are characterized as sheet flow.

Area of Special Flood Hazard (ASFH)

The lands in a floodplain within Boise City which are subject to flooding from the base flood (or 100 year flood). These areas are also referredto as the floodplainSpecial Flood Hazard Area (SFHA). Designation on maps always include the letters A or V.

Base Flood

The flood having a one percent chance of being equaled or exceeded in any given year, and is synonymouswith "one-percent flood" and "100 year flood." Designation on maps always include the letters A or V.

Base Flood Elevation (BFE)

The elevation in feet in relation to mean sea level as determined by the FederalEmergency Management Agency to which flood watercan be expected to rise during a base flood.A determination by the FederalInsurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA- approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the FloodProtection Elevation.

Base Flood Height in Areas of Shallow Flooding

The height expressed in feet above adjacent grade to which flood waters can be expected to rise during a base flood. This height is determinedby the Federal Emergency Management AgencyInsurance Administrator and is shown on the Flood Insurance Rate Map (FIRM). Adjacent grade is the elevation of the crown of the nearest street or back of the adjacent curb after adjustment is made for slope of the ground.Adjacent grade is the highestnatural elevation of the groundsurface prior to construction next to the proposed wallsof a structure.

Base Zone District

The zone districtclassification which is in effect on any given land for which standards are included in the Development Code of Boise City, Idaho dated June 2002, and as amended.

Basement

Any area of the buildingwith its floorsub-grade (below ground level) on all sides.

Check Dam

A structure erected in a floodway which does not exceed ten feet in height or impound more than fifty acre feet of water. For the purposes of this Chapter, energy dissipating devices shall be considered to be check dams.

Crawl Space

The area of a house or structurebetween the lowest finish floor and the bottom of the foundation excavation enclosed by continuous foundation walls.

Critical Facility

A facility for which even a slightchance of floodingmight be too great. Criticalfaculties include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce,use or store hazardous materials or hazardous waste.

Development

Any man-made change to improved or unimproved real estate, including but not limitedto buildings or other structures, mining, dredging,filling, grading, paving,excavation or drillingoperations, or storageof equipment ormaterials.manmade change to improved or unimproved real estate over which the Boise City Council exercises control. In addition to structural construction, the term includesmining, drilling, dredging,grading, paving, excavation and filling.

Elevated Building

For insurance purposes,a non-basement buildingwhich has its lowest elevatedfloor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

Elevation Certificate

The Elevation Certificate is an important administrative tool of the NFIP. It is used to determine the proper floodinsurance premium rate; it is used to document elevation information; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letterof Map Revision based on fill (LOMR-F).

Existing Manufactured Home Park or Subdivision

A manufactured home park or subdivision for which 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 either final site gradingor the pouring of concretepads) is completedbefore the effectivedate of the adopted floodplain management regulations.

Expansions 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 agency with the overallresponsibility of administering the national floodinsurance program (NFIP).

Flood or Flooding

A general and temporary condition of partial or complete inundation of normally dry land areasfrom the overflow of a watercourse and/or the unusualand rapid accumulation of run-off of surface watersfrom any source.,including but not limited to snow melt or heavy rain.

A. A general and temporary condition . of partial or complete inundation of normally dry land areas 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 paragraph A.2. 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 collapseor 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 currentsof water exceeding anticipated cyclical levelsor suddenly causedby 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 paragraph A.1. of thisdefinition.

Flood Insurance Rate Map(FIRM)

The official report provided by the FederalEmergency Management Agency which has delineated both the areasof special flood hazard and the risk premium zones applicable to the communityAn official map of a community, onwhich the FederalInsurance Administrator has delineated both the specialflood hazard areas and the risk premium zones applicableto the community. A FIRM that has been made available digitallyis called a Digital Flood Insurance Rate Map (DFIRM)..

Flood Insurance Study(FIS)

The official reportprovided by the Federal Insurance Administration that includesflood profiles, the Flood- Boundary-FloodwayMap, and the water surfaceelevation of the base flood.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. Also known as a Flood Elevation Study.

Floodplain or Flood-Prone Area

The land that has been or may be coveredby floodwaters, or is surrounded by floodwater and inaccessible, duringthe occurrence of the regulatory flood. The riverinefloodplain includes the floodway and the flood fringe.Any land area susceptible to being inundated by water from any source (see definition of “flooding”).

Floodplain Management

The operation of an overallprogram of corrective and preventive measuresfor reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and flood plain management regulations.

Floodplain Management Regulations

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance, and erosion controlordinance), 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.

Flood-proofing

Any combination of structural and non-structural additions,changes, or adjustments to structures which reduce or eliminate potential flood damage to real estateor improved real property, water and sanitaryfacilities, structures, and their contents.

Flood Protection Elevation (FPE)

The Base Flood Elevation plus the Freeboard.

a. In “SpecialFlood Hazard Areas”where Base FloodElevations (BFEs) have been determined, this elevation shall be the BFE plus {insert number} feet two feet of freeboard; and

b. In “SpecialFlood Hazard Areas” where no BFE has been established, this elevation shall be at least {insert number} feet two feet above the highest adjacentgrade. An elevation that shall correspond to the elevation of the one percent chance flood (one hundred year flood) plus any increased flood elevation due to floodway encroachment, plus any requiredfreeboard.

Floodway (FW)

The channel of a river or other watercourse and the adjacentland areas that must be reserved in order to discharge the base floodwithout cumulatively increasing the water surfaceelevation more than a designated height.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 surfaceelevation more than one foot, as shown in the Flood Insurance Study for Boise City, Idaho.

Floodway Fringe (FF)

The area between the floodway boundary and the outer limits of the 100 Year Flood. These lands within Boise City are subjectto flooding from the Base Flood (aka the 100 year Flood),and are also referred to as part of the floodplain or the Area of Special Flood Hazard located outside of the floodway.

Freeboard

A factor of safety usuallyexpressed in feet above a flood level 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 FloodElevation (BFE) plus the freeboard establishes the Flood Protection Elevation (FPE). Freeboard shall be a minimum of two feet.

Highest adjacent grade

The highest naturalelevation of the ground surfaceprior to construction next to the proposed wallsof a structure.

Historic structure. Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department ofInterior) or preliminarily determined by the Secretaryof the Interior as meetingthe requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretaryof the Interior as contributing to the historical significance of a registered historic district or a districtpreliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listedon a state inventory of historic placesin states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listedon a local inventory of historic placesin communities with historic preservationprograms that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior or

b. Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Amendment(LOMA)

A letter issuedby the Federal Emergency Management Agency exempting a specific structureor site from the Flood Insurance requirements. The site is exempted by virtue of its being elevated above the 100 year flood elevation.An officialamendment by letter,to an effective National Flood Insurance (NFIP)map. A LOMA establishes a property's or structure's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a propertyor structure has been inadvertently mapped as being in the floodplain but is actuallyon natural high ground above the base flood elevation.

Letter of Map Revision(LOMR)

A letter issued by the Federal Emergency Management Agency exempting a specific structure or site from FloodInsurance requirements. The site or structure is exempted by virtue of its beingelevated above the 100 year flood elevation. FEMA's modification to an effective Flood Insurance Rate Map (FIRM) or a Flood Boundaryand Floodway Map (FBFM)or both. LOMRs are generally based on the implementation of physical measuresthat affect the hydrologic or hydraulic characteristics of a floodingsource 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 generallyaccompanied 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.

Letter of Map Revision Conditional (CLOMR)

A formal review and commentas to whether a proposedflood protection projector other projectcomplies with theminimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effectiveFlood 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. BuildingPermits and/or FloodDevelopment Permits cannotbe issued based on a CLOMR, because a CLOMR does not change the NFIP map.

Levee

A levee is a continuous dike or ridge, constructed of earth or other materials that confines floodwaters (excluding landfill).

Lowest Floor

The lowest floor of the lowest enclosedarea (including basement). An unfinished or flood resistant enclosure, usable solelyfor parking of vehicles, buildingaccess or storage,in an area other than a basementarea, is not considered a building's lowest floor, providedthat such enclosureis not built so as to render the structurein violation of the applicable non-elevation designrequirements of this Chapter. (Section 11-08-03.2.A)

Manufactured Home

A structure, transportable in one or more sections,which is built on a permanent chassisand is designed for use with or without a permanent foundation when attached 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 dividedinto two or more manufactured home lots for rent or sale.

Mobile Home

A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to enactment of the National Housing include and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile Home Park or Subdivision

Any area, tract,plot or parcel of land,developed and designedprimarily for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis.

New Construction

Structures for which the start of construction commenced on or after the effective date of this Chapter.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 startedafter April 17, 1984 {insert effective date of community's first floodplain management ordinance adoptedby the community} and beforeand before the effective start date of this floodplain management ordinanceis subject to the ordinancein effect at the time the permitwas issued, provided the start of construction was within 180 days of permit issuance.

New Development

Any development for which final approval entitling the applicant to proceed with the development was issued on or after the effective date of this Chapter.

New Manufactured Home Park or Subdivision

A manufactured home park or subdivision for which 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 either final site gradingor the pouring of concretepads) is completed on or afterthe effective date of adopted floodplain management regulations.

Non-residential Structure

A building other than a residential structure.The term includes but is not limitedto: buildings used for places of assembly, education, child care, business, maintenance, storage, manufacturing, government, hospitals, sanitariums and nursing homes.

Ordinary High Water Mark (OHWM)

The line whichthe water impresseson the soil by coveringit for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes.

Recreational Vehicle

A vehicle which is: (a) Built on a single chassis, and; (b) 400 square feet or less when measured at the largest horizontal projections, and; (c) Designed to be self-propelled or permanently towable by a light duty truck,; and

(d) Designed primarily not for use as a permanent dwellingbut as temporary living quartersfor recreational, camping, travel or seasonal use.

Regulatory Floodway (see Floodway)

The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood withoutcumulatively increasing the water surfaceelevation more than one foot (1').

Residential Structure

A building used as a dwelling for one or more persons.The term includes,but is not limited to houses, mobile homes, apartment buildings, lodging homes, dormitories, (and the guest or patient rooms of), hotels, and motels. The term also includes accessory use areas used in conjunction with and forming an integral part of a residential structure.

Special Flood Hazard Area (SFHA)

Land in the flood plain within a community subjectto a one percent (1%) or greaterchance of floodingin 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

The date the building permitwas issued, providedthe actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual startmeans either the first placementof permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placementof a mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor doesit include the installation of streets and/orwalkways; nor does it includeexcavation for a basement, footings, piers, or foundation or the erectionof temporary forms;nor does it include the installation on the propertyof accessory buildings, such as garagesor sheds not occupied as dwelling units or not part of the main structure.Includes substantial improvement, and means the date the building permitwas issued, providedthe actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 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 pouringof 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.

Permanentconstruction does not include land preparation, such as clearing, grading, and filling;nor does it include the installation of streets and/orwalkways; nor does it includeexcavation for a basement, footings, piers, or foundations or the erectionof temporary forms; nor does it include the installation on the propertyof accessory buildings, such as garagesor sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actualstart of construction means the first alteration of any wall,ceiling, floor, or other structure part of a building,whether or not that alteration affects the externaldimensions of the building.

Structure

Anythingconstructed or erected,which requires permanent location on the ground or is attachedto something having location on the ground.A walled and roofed building, including a gas or liquidstorage 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 equalor exceed 50 percent (50%)of its market value beforethe damage occurred. See definition of “substantial improvement”. Substantial damage also means flood-related damage sustained by a structure on two separate occasions duringa 10-year periodfor which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent (25%) of the market value of the structure before the damage occurred. of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged

condition would equal or exceed50 percent of the market value of the structurebefore the damage occurred.

Substantial Improvement

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equalsor exceeds 50 percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includesstructures which have incurred “substantial damage”, regardless of the actualrepair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safetycode specifications whichhave been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historicstructure”, provided that the alteration will not precludethe structure's continued designation as a “historic structure” and the alteration is approved by variance issued pursuant to this ordinance.

repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds50 percent of the marketvalue of the structure eitherbefore the improvement or the repairis started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes 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. The term "Substantial Improvement" does not, however,include either: any project for improvement of a structureto comply with existing stateor local health,sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or: any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Unnumbered "A Zone"

An area shownon the Flood Insurance Rate Map as an "AZone" in whichbase flood depthsand a clearly defined channel are not shown.

Variance

A grant of relief from the requirements of this Chapterwhich permits construction in a mannerthat would otherwise be prohibited by this Chapter.

Violation

The failure of a structure or other development to be fullycompliant with the community's flood plain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

EXHIBIT “B

STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY

OF ORDINANCE NO. ORD-XX-20

The undersigned, James Smith, in his capacityas Deputy City Attorney of the city of Boise City, Idaho, hereby certifies that he is a legal advisor of the City and has reviewed a copy of the attached Summary of Ordinance No. ORD-XX-20 of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequatenotice to the public pursuantto Idaho Code Section 50-901A(3).

DATED this th day of , 2020.

James Smith

Deputy City Attorney


jbs

SUMMARY OF ORDINANCE NO. ORD-XX-20 OF THE CITY OF BOISE CITY, IDAHO

PUBLIC NOTICE IS HEREBYGIVEN that the city of Boise City, Idaho, adoptedat its regular meeting of , 2020 that Ordinance No. ORD-XX-20 entitled: AN ORDINANCE AMENDING TITLE 11, CHAPTER 8 (FLOOD HAZARDREGULATIONS) OF BOISE CITY CODE, REFERENCING A NEW FLOODINSURANCE STUDY AND RATE MAPS, UPDATING DEFINITIONS AND REGULATIONS, AND INCREASING THE FREEBOARD REQUIREMENT IN THE FLOODPLAIN; APPROVING A SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

This ordinance amends Title 11, Chapter 8 (Flood Hazard Regulations) of the Boise City Codeto reference newly adopted floodplain maps including Flood Insurance Rate Maps and a Flood Insurance Study, update definitions, update section references, clarify existing regulations, and increase the requiredfreeboard, i.e. minimum elevation for structures above the base flood elevation.

The effective date of the ordinance is June 19, 2020 after its passage,approval and publication, and the ordinanceapproves this ordinancesummary. A copy of the full text of the ordinance is available at the City Clerk's office,150 North CapitolBoulevard, in Boise,Idaho 83701. Examination may be requested in writing or in personduring regular businesshours of the City Clerk's office, from 8:00 a.m. until 5:00 p.m. pursuant to Section 50-901A(4), Idaho Code.

DATED this th day of , 2020.

City of Boise City, Idaho ATTEST:

MAYOR EX-OFFICIO CITY CLERK

LaurenMcLean