HomeMy Public PortalAboutOrd. 977 Floodplain Management RegulationsInstrument # 419703
VALLEY COUNTY, CASCADE, 1DAt10
a-11-2119 11:81:10 AM No. of hges: 37
Recorded for: CITY OF MCCALL ~
DOUGLAS A. MLLER Fee: 118.DI /
Ex-Olllclo Recorder Deputy-----T--..--
ORDINAN CE NO. 97f"'°:OftD1NANCes
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
REPEALING & REENACTING CHAPTER 8, FLOOD CONTROL REGULATIONS
(OVERLAY), OF TITLE 9, SUBDIVISION AND DEVELOPMENT, OF THE MCCALL CITY
CODE TO UPDATE THE FLOODPLAIN MANAGEMENT REGULATIONS FOR THE CITY
OF MCCALL AND ITS AREAS OF IMPACT BY ENACTING SECTIONS 9.08.01,
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES,
9.08.02, DEFINITIONS, 9.08.03, GENERAL PROVISIONS, 9.08.04, ADMINISTRATION,
9.08.05, PROVISIONS FOR FLOOD HAZARD REDUCTION, AND 9.08.06, LEGAL STATUS
PROVISIONS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, an application for approval of zoning ordinance amendments, pursuant to
MCC 1-1-3, was submitted by the City of McCall on October 23, 2018; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed
and regularly scheduled public hearing on December 4, 2018 to consider these proposed zoning
ordinance amendments; and
WHEREAS, at its December 4, 2018 meeting the McCall Area Planning and Zoning
Commission recommended this proposed zoning ordinance amendment for approval by the
McCall City Council and Valley County Board of Commissioners; and
WHEREAS, the City Council held a properly noticed and regularly scheduled public
hearing on January 3, 2019 to consider the proposed zoning ordinance amendments; and
WHEREAS, the zoning ordinance amendments were approved by the McCall City
Council at a regularly scheduled and properly noticed public meeting on January 3, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, IDAHO, that Chapter 8, Flood Control Regulations (Overlay), of Title 9,
Subdivision And Development, of the McCall City Code is hereby REPEALED in its entirety and
REENACTED as follows, to-wit:
CHAPTERS
9.08.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES
9.08.01.A Statutory Authority
The Legislature of the State of Idaho, pursuant to Idaho Code §§ 46-1020, 46-1023, and 46-
1024, authorizes local governments to adopt floodplain management ordinances that identify
floodplains and minimum floodplain development standards to minimize flood hazards and
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January 3, 2019
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protect human life, health, and property. Therefore, the City Council of the City of McCall
Idaho does hereby ordain as follows:
9.08.01.B Findings of Fact
1. The flood hazard areas of the City of McCall are subject to periodic inundation that
results in:
a. loss of life and property;
b. health and safety hazards;
c. disruption of commerce and governmental services;
d. extraordinary public expenditures for flood relief and protection; and
e. impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
2. These flood losses are caused by development in flood hazard areas, which are
inadequately elevated, flood -proofed, or otherwise unprotected from flood damages, and
by the cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities.
3. Local government units have the primary responsibility for planning, adopting, and
enforcing land use regulations to accomplish proper floodplain management.
9.08.01.0 Statement of Purpose
The purpose of this ordinance is to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
1. Protect human life, health, and property;
2. Minimize damage to public facilities and utilities such as water purification and sewage
treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and
bridges located in floodplains;
3. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas;
4. Minimize expenditure of public money for costly flood control projects;
5. Minimize the need for rescue and emergency services associated with flooding, generally
undertaken at the expense of the general public;
6. Minimize prolonged business interruptions;
7. Ensure potential buyers are notified the property is in an area of special flood hazard; and
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8. Ensure those who occupy the areas of special flood hazard assume responsibility for their
actions.
9.08.01.D Objectives and Methods of Reducing Flood Losses
In order to accomplish its purpose, this ordinance includes methods and provisions to:
1. Require that development which is vulnerable to floods, including structures and facilities
necessary for the general health, safety, and welfare of citizens, be protected against flood
damage at the time of initial construction;
2. Restrict or prohibit developments which are dangerous to health, safety, and property due
to water or erosion hazards, or which increase flood heights, velocities, or erosion;
3. Control filling, grading, dredging, and other development which may increase flood
damage or erosion;
4. Prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or that may increase flood hazards to other lands;
5. Preserve and restore natural floodplains, stream channels, and natural protective barriers
which carry and store flood waters.
9.08.02 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
according to the meaning they have in common usage and to give this ordinance it's most
reasonable application.
Accessory Structure (appurtenant structure): a structure on the same lot or parcel as a
principal structure, the use of which is incidental and subordinate to the principal structure.
Addition (to an existing building): an extension or increase in the floor area or height of a
building or structure.
Appeal: a request for review of the Floodplain Administrator's interpretation of provisions of
this ordinance or request for a variance.
Area of Shallow Flooding: a designated AO, AH, AR/AO, or AR/AH zone on a community's
Flood Insurance Rate Map (FIRM) with a 1 percent (1 %) or greater annual chance of flooding to
an average depth of one (1) to three (3) feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: see Special Flood Hazard Area (SFHA).
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Base Flood: the flood having a one (1) percent (1%) chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE): a determination by the Federal Insurance Administrator of the
water surface elevations of the base flood, that is, the flood level that has a one percent or greater
chance of occurrence in any given year. When the BFE has not been provided in a Special Flood
Hazard Area, it may be obtained from engineering studies available from a Federal, State, or
other source using FEMA-approved engineering methodologies. This elevation, when combined
with the Freeboard, establishes the Flood Protection Elevation.
Basement: any area of the building having its floor sub grade (below ground level) on all sides.
Building: see Structure.
Critical Facilities: facilities that are vital to flood response activities or critical to the health and
safety of the public before, during, and after a flood, such as a hospital, emergency operations
center, electric substation, police station, fire station, nursing home, school, vehicle and
equipment storage facility, or shelter; and facilities that, if flooded, would make the flood
problem and its impacts much worse, such as a hazardous materials facility, power generation
facility, water utility, or wastewater treatment plant.
Datum: the vertical datum is a base measurement point (or set of points) from which all
elevations are determined. Historically, that common set of points was the National Geodetic
Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the federal
government as a basis for measuring heights is the North American Vertical Datum of 1988
(NAVD88).
Development: any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Development Activity: any activity defined as Development which will necessitate a Floodplain
Development Permit; such as: the construction of buildings, structures, or accessory structures;
additions or substantial improvements to existing structures; bulkheads, retaining walls, piers,
and pools; the placement of mobile homes; or the deposition or extraction of materials; the
construction or elevation of dikes, berms and levees.
Digital Flood Insurance Rate Map (DFIRM): the digital official map of a community, issued
by the Federal Insurance Administrator, on which both the Special Flood Hazard Areas and the
risk premium zones applicable to the community are delineated.
Elevated Building: for insurance purposes, a non -basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
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Elevation Certificate: The Elevation Certificate is an important administrative tool of the NFIP.
It is used to determine the proper flood insurance premium rate; it is used to document elevation
information; and it may be used to support a request for a Letter of Map Amendment (LOMA) or
Letter of Map Revision based on fill (LOMR-F).
Enclosure: an area enclosed by solid walls below the BFE/FPE or an area formed when any
space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open
wood lattice used to surround space below the BFE/RFPE is not considered an enclosure.
Encroachment: the advance or infringement of uses, fill, excavation, buildings, structures, or
development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Construction: for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMS effective before that date. "Existing construction" may also be referred to as "existing
structures."
Existing Manufactured Home Park or Manufactured Home Subdivision: a manufactured
home park or subdivision where the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and final site grading or the pouring of concrete pads) is completed before
the effective date of the original floodplain management regulations adopted by the community,
November 17, 1975.
Existing Structures: see existing construction.
Expansion to an Existing Manufactured Home Park or Subdivision: the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufacturing
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).
Flood or Flooding:
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 collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph a.1. of this definition.
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Flood Boundary and Floodway Map (FBFM):
The FBFM shows how the floodplain is divided into the floodway and flood fringe where
streams are studied in detail. They also show general floodplain areas where floodplains have
been studied by approximate methods.
Flood Elevation Determination: See Base Flood Elevation (BFE)
Flood Elevation Study: See Flood Insurance Study (FIS)
Flood Hazard Boundary Map (FHBM): an official map of a community, issued by the Federal
Insurance Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related
erosion areas having special hazards have been designated as Zones A, M, and/or E.
Flood Insurance Rate Map (FIRM): an official map of a community, on which the Federal
Insurance Administrator has delineated both the special flood hazard areas and the risk premium
zones applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS): an examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations; or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards.
Flood Zone: a geographical area shown on a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area, and
applicable insurance rate.
Floodplain or Flood -Prone Area: any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Floodplain Administrator: the individual appointed to administer and enforce the floodplain
management regulations.
Floodplain Development Permit: any type of permit that is required in conformance with the
provisions of this ordinance, prior to the commencement of any development activity.
Floodplain Management: the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works, and 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 control ordinance), and other applications of police power. The term
describes such state or local regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
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Floodproofing: any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Flood Protection Elevation (FPE): the Base Flood Elevation plus the Freeboard.
a. In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been
determined, this elevation shall be the BFE plus two (2) feet of freeboard; and
b. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall
be at least two (2) feet above the highest adjacent grade.
Flood Protection System: those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in
order to reduce the extent of the area within a community subject to a "special flood hazard" and
the extent of the depths of associated flooding. Such a system typically includes dams,
reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
Floodway: the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
Freeboard: a factor of safety usually expressed 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 Flood Elevation (BFE) plus the
freeboard establishes the Flood Protection Elevation (FPE). Freeboard shall be at least two (2)
feet.
Functionally Dependent Use: a facility that cannot be used for its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term
does not include long-term storage, manufacture, sales, or service facilities.
Highest Adjacent Grade (HAG): the highest natural elevation of the ground surface prior to
construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation
Certificate for HAG related to building elevation information.
Historic Structure: a structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or to a district preliminarily determined
by the Secretary to qualify as a registered historic district;
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c. Individually listed on a state inventory of historic places and determined as eligible by states
with historic preservation programs which have been approved by the Secretary of the
Interior; or
d. Individually listed on a local inventory of historic places and determined as eligible by
communities with historic preservation programs that have been certified either:
1. by an approved state program as determined by the Secretary of the Interior, or
2. directly by the Secretary of the Interior in states without approved programs.
Letter of Map Change (LOMC): a general term used to refer to the several types of revisions
and amendments to FIRMs that can be accomplished by letter. They include Letter of Map
Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on
Fill (LOMR-F)
1. Letter of Map Amendment (LOMA): an official amendment, by letter, to an effective
National Flood Insurance Program (NFIP) map. A LOMA establishes a property's or
structure's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are
usually issued because a property or structure has been inadvertently mapped as being in the
floodplain but is actually on natural high ground above the base flood elevation.
2. Letter of Map Revision (LOMR): FEMA's modification to an effective Flood Insurance
Rate Map (FIRM) or a Flood Boundary and Floodway Map (FBFM) or both. LOMRs are
generally based on the implementation of physical measures that affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the
existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special
Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map
(FIRM) or Flood Boundary and Floodway Map (FBFM), and sometimes the Flood Insurance
Study (FIS) report, and when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM,
FBFM, or FIS report.
3. 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.
4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard areas.
A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood
Insurance Study (FIS). Upon submission and approval of certified as -built documentation, a
Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM.
Building Permits and/or Flood Development Permits cannot be issued based on a CLOMR,
because a CLOMR does not change the NFIP map.
Levee: a man-made structure, usually an earthen embankment, designed and constructed
according to sound engineering practices, to contain, control, or divert the flow of water so as to
provide protection from temporary flooding.
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Levee System: a flood protection system that consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest Adjacent Grade (LAG): the lowest point of the ground level next to the structure. Refer
to the FEMA Elevation Certificate for LAG related to building elevation information.
Lowest Floor: the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an
area other than a basement area is not considered a building's lowest floor; Provided, that such
enclosure is not built so as to render the structure in violation of the applicable non -elevation
design requirements of 44 CFR § 60.3 and this ordinance.
Manufactured Home: a structure, transportable in one or more sections, built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the
required utilities. The term "Manufactured Home" does not include a "Recreational Vehicle."
Manufactured Home Park or Subdivision: a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market Value: the building value, not including the land value and that of any accessory
structures or other improvements on the lot. Market value may be established by independent
certified appraisal; replacement cost depreciated for age of building and quality of construction
(Actual Cash Value); or adjusted tax assessed values.
Mean Sea Level: for purposes of the National Flood Insurance Program (NFIP), the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North America Vertical
Datum of 1988 - NAVD88) to which Base Flood Elevations (BFEs) shown on a community's
FIRM are referenced.
Mudslide (i.e., mudflow): describes a condition where there is a river, flow, or inundation of
liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the
subsequent accumulation of water on the ground preceded by a period of unusually heavy or
sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide
is in progress, and will be recognized as such by the Administrator only if the mudflow, and not
the landslide, is the proximate cause of damage that occurs.
Mudslide (i.e., mudflow) Area Management: the operation of an overall program of corrective
and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited
to emergency preparedness plans, mudslide control works, and flood plain management
regulations.
Mudslide (i.e., mudflow) Prone Area: an area with land surfaces and slopes of unconsolidated
material where the history, geology, and climate indicate a potential for mudflow.
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National Flood Insurance Program (NFIP): The NFIP is a Federal program created by
Congress to mitigate future flood losses nationwide through sound, community -enforced
building and zoning ordinances and to provide access to affordable, federally backed flood
insurance protection for property owners.
New Construction: for floodplain management purposes, a structure for which the start of
construction commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
Any construction started after November 17, 1975 and before the effective start date of this
floodplain management ordinance is subject to the ordinance in effect at the time the permit was
issued, provided the start of construction was within 180 days of permit issuance.
New Manufactured Home Park or Subdivision: a place where the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a minimum
the installation of utilities, the construction of streets, and final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management regulations
adopted by the City of McCall November 17, 1975.
Post -FIRM: construction or other development for which the "start of construction" occurred on
or after the effective date of the initial Flood Insurance Rate Map (FIRM).
Pre -FIRM: construction or other development for which the "start of construction" occurred
before April 17, 1989, the effective date of the initial Flood Insurance Rate Map (FIRM).
Recreational Vehicle: a vehicle that is:
a. Built on a single chassis, and
b. 400 square feet or less when measured at the largest horizontal projection, and
c. Designed to be self-propelled or permanently towed by a light duty truck, and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regulatory Floodway: See Floodway
Remedy a Violation: to bring the structure or other development into compliance with State or
local flood plain management regulations, or, if this is not possible, to reduce the impacts of its
non-compliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure
with regard to the structure or other development.
Repetitive Loss Structure: An NFIP-insured structure that has had at least two paid flood losses
of more than $1,000 each in any 10-year period since 1978.
Riverine: relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
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Special Flood Hazard Area (SFHA): the land in the flood plain within a community subject to
a one percent (1%) or greater chance of flooding in any given year. For purposes of these
regulations, the term "special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard".
Start of Construction: includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for
a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
Structure: a walled and roofed building, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
Substantial Damage: damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed 50 percent (50%)
of its market value before the damage occurred. See definition of "substantial improvement".
Substantial damage also means flood -related damage sustained by a structure on two separate
occasions during a 10-year period for 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.
Substantial Improvement: any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent (50%) of the market value of the
structure before the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions; or
2. Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure" and the alteration is approved
by variance issued pursuant to this ordinance.
Technical Bulletins and Technical Fact Sheets: FEMA publications that provide guidance
concerning the building performance standards of the NFIP, which are contained in Title 44 of
the U S Code of Federal Regulations § 60.3. The bulletins and fact sheets are intended for use
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primarily by State and local officials responsible for interpreting and enforcing NFIP regulations
and by members of the development community, such as design professionals and builders. New
bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins
do not create regulations. Rather they provide specific guidance for complying with the
minimum requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the
minimum requirements of the NFIP regulations. State or community requirements that exceed
those of the NFIP take precedence. Design professionals should contact the community officials
to determine whether more restrictive State or local regulations apply to the building or site in
question. All applicable standards of the State or local building code must also be met for any
building in a flood hazard area.
Temperature Controlled: having the temperature regulated by a heating and/or cooling system,
built-in or appliance.
Variance: a grant of relief by the governing body from a requirement of this ordinance.
Violation: the failure of a structure or other development to be fully compliant 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.
Water Surface Elevation: the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified
datum), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine
areas.
Watercourse: a lake, river, creek, stream, wash, channel, or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
9.08.03 GENERAL PROVISIONS
9.08.03.1 Lands to Which This Ordinance Applies
This Ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the City
of McCall. Nothing in this ordinance is intended to allow uses or structures that are otherwise
prohibited by the zoning ordinance.
9.08.03.2 Basis for Special Flood Hazard Areas
The Special Flood Hazard Areas identified by the Federal Insurance Administrator in a scientific
and engineering report titled "Flood Insurance Study (FIS) for Valley County, Idaho and
Incorporated Areas", dated February 1, 2019, with accompanying Flood Insurance Rate Maps
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(FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted
by reference and declared a part of this ordinance. The FIS and the FIRM are on file at the office
of the city clerk, 216 E. Park St., McCall, ID 83638.
9.08.03.3 Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities within Special Flood Hazard
Areas determined in accordance with the provisions of Article IV Section B.
9.08.03.4 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed in any
way without full compliance with the terms of this ordinance and other applicable regulations.
9.08.03.5 Abrogation and Greater Restrictions
This ordinance shall not in any way repeal, abrogate, impair, or remove the necessity of
compliance with any other laws, ordinances, regulations, easements, covenants, or deed
restrictions, etcetera. However, where this ordinance and another conflict or overlap, whichever
imposes more stringent or greater restrictions shall control.
9.08.03.6 Interpretation
In the interpretation and application of this ordinance all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
9.08.03.7 Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will
be free from flooding or flood damages. This ordinance shall not create liability on the part of the
City of McCall or by any officer or employee thereof for flood damages that result from reliance
on this ordinance or an administrative decision lawfully made hereunder.
9.08.03.8 Penalties for Violation
No structure or land shall hereafter be located, extended, converted, or altered unless in full
compliance with the terms of this ordinance and other applicable regulations.
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Violation of the provisions of this ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined
not more than $100 or imprisoned for not more than 180 days, or both. Each day the violation
continues shall be considered a separate offense. Nothing herein contained shall prevent the City
of McCall from taking such other lawful actions as is necessary to prevent or remedy any
violation.
9.08.04 ADMINISTRATION
9.08.04.1 Designation of Floodplain Ordinance Administrator
The City Planner, hereinafter referred to as the "Floodplain Administrator", is hereby appointed
to administer and implement the provisions of this ordinance.
9.08.04.2 Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of this
ordinance have been satisfied.
2. Review all proposed development within Special Flood Hazard Areas to assure that all
necessary Local, State, and Federal permits have been received, including Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
3. Notify adjacent communities and the Idaho Department of Water Resources State
Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or
relocation of a watercourse and submit evidence of such notification to the Federal
Insurance Administrator (FIA).
4. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained;
5. Prevent encroachments into floodways unless the certification and flood hazard reduction
provisions of Article V, Section E are met.
6. Obtain and maintain actual elevation (in relation to mean sea level) of the lowest floor
(including basement) and all attendant utilities of all new and substantially improved
structures, in accordance with the provisions of Article IV, Section C.3.
7. Obtain and maintain actual elevation (in relation to mean sea level) to which all new and
substantially improved structures and utilities have been floodproofed, in accordance
with the provisions of Article IV, Section C.3.
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January 3, 2019
8. Review plans to verify public utilities are constructed in accordance with the provisions
of Article V, Section A.5-7.
9. When floodproofing is utilized for a particular structure, obtain and maintain
certifications from a registered professional engineer or architect in accordance with the
provisions of Article IV, Section C.3. and Article V, Section B.2.
10. Where interpretation is needed as to the exact location of boundaries of the Special Flood
Hazard Areas, and floodways (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions), make the necessary interpretation. The
person contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this article.
11. When Base Flood Elevation (BFE) data has not been provided in accordance with the
provisions of Article III, Section B, obtain, review, and reasonably utilize any BFE data,
along with floodway data available from a Federal, State, or other source, including data
developed pursuant to Article V, Section C.2., in order to administer the provisions of
this ordinance.
12. When Base Flood Elevation (BFE) data is provided but no floodway data has been
provided in accordance with the provisions of Article III, Section B, require that no new
construction, substantial improvements, or 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 one foot at any point within the community.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground
elevation of a parcel in a Special Flood Hazard Area (SFHA) is above the Base Flood
Elevation (BFE), advise the property owner of the option to apply for a Letter of Map
Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in
the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this ordinance and
make these records available for public inspection, recognizing that such information
may be subject to the Privacy Act of 1974, as amended.
15. Make on -site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power, the Floodplain Administrator has a right, upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the community at
any reasonable hour for the purposes of inspection or other enforcement action.
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January 3, 2019
16. Issue stop -work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The stop -work
order shall be in writing and directed to the person doing or in charge of the work. The
stop -work order shall state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be resumed. Violation of a
stop -work order constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain Administrator may
revoke and require the return of the floodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked
for any substantial departure from the approved application, plans, and specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false
statements or misrepresentations made in securing the pellnit. Any floodplain
development permit mistakenly issued in violation of an applicable State or local law
may also be revoked.
18. Make periodic inspections throughout the Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator and each member of his or
her inspections department shall have a right, upon presentation of proper credentials, to
enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of Article IV, Section D.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM
and other official flood maps, and studies adopted in accordance with the provisions of
Article III, Section B of this ordinance, including any revisions thereto including Letters
of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of your
community's mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based
on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
23. A community's 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, a community shall notify the
Federal Insurance Administrator (FIA) of the changes by submitting technical or
scientific data in accordance with this part. Such a submission is necessary so that upon
confiunation of those physical changes affecting flooding conditions, risk premium rates
and flood plain management requirements will be based upon current data.
24. Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever
the boundaries of the community have been modified by annexation or the community
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January 3, 2019
has otherwise assumed or no longer has authority to adopt and enforce flood plain
management regulations for a particular area. In order that all FHBM's and FIRM's
accurately represent the community's boundaries, include within such notification a copy
of a map of the community suitable for reproduction, clearly delineating the new
corporate limits or new area for which the community has assumed or relinquished flood
plain management regulatory authority.
9.08.04.3 Floodplain Development Application, Permit, and Certification
Requirements
1. Application Requirements. Application for a Floodplain Development Permit shall be
made to the Floodplain Administrator prior to any development activities located within
Special Flood Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
a. A plot plan drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
i. the nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility
systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
ii. the boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in Article III, Section B, or a statement
that the entire lot is within the Special Flood Hazard Area;
iii. the flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in Article III,
Section B;
iv. the boundary of the floodway(s) as determined in Article III, Section B;
v. the Base Flood Elevation (BFE) where provided as set forth in Article III,
Section B; Article III, Section C; or Article V, Section C;
vi. the old and new location of any watercourse that will be altered or
relocated as a result of proposed development; and
b. Proposed elevation, and method thereof, of all development within a Special
Flood Hazard Area including but not limited to:
i. Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all structures;
ii. Elevation in relation to mean sea level to which any non-residential
structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
iii. Elevation in relation to mean sea level to which any proposed utility
equipment and machinery will be elevated or floodproofed.
c. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with
supporting data, an operational plan, and an inspection and maintenance plan that
include, but are not limited to, installation, exercise, and maintenance of
floodproofing measures will be required prior to Certificate of
Occupancy/Completion.
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January 3, 2019
d. A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this ordinance are met. These
details include but are not limited to:
i. The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation, or on
columns/posts/piers/piles/shear walls); and
Openings to facilitate automatic equalization of hydrostatic flood forces
on walls in accordance with Article V, Section A.8.b when solid
foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
e. Usage details of any enclosed areas below the lowest floor.
f. Plans and/or details for the protection of public utilities and facilities such as
sewer, gas, electrical, and water systems to be located and constructed to
minimize flood damage.
g- Certification that all other Local, State, and Federal permits required prior to
floodplain development peffliit issuance have been received.
h. Documentation for placement of recreational vehicles and/or temporary
structures, when applicable, to ensure that the provisions of Article V, Section B.5
and 6 of this ordinance are met.
i. A description of proposed watercourse alteration or relocation, when applicable,
including an engineering report on the effects of the proposed project on the
flood -carrying capacity of the watercourse and the effects to properties located
both upstream and downstream; and
i. A map (if not shown on plot plan) showing the location of the proposed
watercourse alteration or relocation.
2. Permit Requirements. The Floodplain Development Permit shall include, but not be
limited to:
a. A complete description of all the development to be permitted under the
floodplain development permit (i.e. house, garage, pool, septic, bulkhead, cabana,
pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip -rap, docks,
grading, paving, excavation or drilling operations, or storage of equipment or
materials, etcetera).
b. The Special Flood Hazard Area determination for the proposed development in
accordance with available data specified in Article III, Section B.
c. The Flood Protection Elevation required for the lowest floor and all attendant
utilities.
d. The Flood Protection Elevation required for the protection of all utility equipment
and machinery.
e. All certification submittal requirements with timelines.
f. A statement that no fill material or other development shall encroach into the
floodway of any watercourse, as applicable.
g• The flood openings requirements.
h. All floodplain development permits shall be conditional upon the start of
construction of work within 180 days. A floodplain development permit shall
expire 180 days after issuance unless the permitted activity has commenced as per
the Start of Construction definition.
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January 3, 2019
i. Fully enclosed areas below the lowest floor are usable solely for parking of
vehicles, building access, or storage.
j. All materials below BFE/FPE must be flood resistant materials.
3. Certification Requirements.
a. Elevation Certificates
i. A Construction Drawings Elevation Certificate (FEMA Form 86-0-33) is
required prior to the actual start of any new construction. It shall be the
duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the lowest floor, in relation to mean sea
level. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the
permit holder prior to the beginning of construction. Failure to submit the
certification or failure to make required corrections shall be cause to deny
a floodplain development permit.
ii. A Building Under Construction Elevation Certificate (FEMA Form 86-0-
33) is required after the lowest floor is established. Within seven (7)
calendar days of establishment of the lowest floor elevation, it shall be the
duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the lowest floor, in relation to mean sea
level. Any work done within the seven (7) day calendar period and prior
to submission of the certification shall be at the permit holder's risk. The
Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being permitted to proceed.
Failure to submit the certification or failure to make required corrections
shall be cause to issue a stop -work order for the project.
A final as -built Finished Construction Elevation Certificate (FEMA Form
86-0-33) is required after construction is completed and prior to Certificate
of Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final as -
built construction of the elevation of the lowest floor and all attendant
utilities. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another certification
may be required to certify corrected as -built construction. Failure to
submit the certification or failure to make required corrections shall be
cause to withhold the issuance of a Certificate of Compliance/Occupancy.
The Finished Construction Elevation Certificate certifier shall
provide at least two (2) photographs showing the front and rear of the
building taken within 90 days from the date of certification. The
photographs must be taken with views confirming the building description
and diagram number provided in Section A. To the extent possible, these
photographs should show the entire building including foundation. If the
building has split-level or multi -level areas, provide at least two (2)
Ord. 977 — Flood Control Regulations Page 19 of 34
January 3, 2019
additional photographs showing side views of the building. In addition,
when applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All photographs
must be in color and measure at least 3" x 3". Digital photographs are
acceptable.
b. Floodproofing Certificate. If non-residential floodproofing is used to meet the
Flood Protection Elevation requirements, design plans, with supporting data, an
operational plan, and an inspection and maintenance plan are required prior to the
actual start of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the floodproofed design
elevation of the lowest floor and all attendant utilities, in relation to mean sea
level. Floodproofing certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data, the operational plan,
and the inspection and maintenance plan. Deficiencies detected by such review
shall be corrected by the applicant prior to permit approval. Failure to submit the
certification or failure to make required corrections shall be cause to deny a
Floodplain Development Permit. Prior to request for a Certificate of
Compliance/Occupancy a Floodproofing Certificate (FEMA Foini 086-0-34) shall
be provided to the Floodplain Administrator for review and approval.
c. If a manufactured home is placed within Zone A, AE, AH, AO, or A1-30 and the
elevation of the chassis is more than 36 inches in height above grade, an
engineered foundation certification is required in accordance with the provisions
of Article V, Section B.3.b.
d. If a watercourse is to be altered or relocated, the following shall all be submitted
by the permit applicant prior to issuance of a floodplain development permit:
i. a description of the extent of watercourse alteration or relocation; and
ii. a professional engineer's certified report on the effects of the proposed
project on the flood -carrying capacity of the watercourse and the effects to
properties located both upstream and downstream; and
a map showing the location of the proposed watercourse alteration or
relocation; and
iv. an Idaho Stream Channel Alteration Permit approval shall be provided by
the applicant to the Floodplain Administrator.
e. Certification Exemptions. The following structures, are exempt from the
elevation/floodproofing certification requirements specified in items a. and b. of
this subsection:
i. Recreational Vehicles meeting requirements of Article V, Section B.5.a;
ii. Temporary Structures meeting requirements of Article V, Section B.6; and
Accessory Structures less than 200 square feet meeting requirements of
Article V, Section B.7.
4. Determinations for Existing Buildings and Structures. For applications for building
permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, improvements, repairs of damage, and any other improvement of or work on
Ord. 977 — Flood Control Regulations Page 20 of 34
January 3, 2019
such buildings and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
a. Estimate the market value or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work. In the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
b. Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre -damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
c. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
d. Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the adopted Idaho Building Code and this
ordinance is required.
9.08.04.4 Corrective Procedures
1. Violations to be Corrected. When the Floodplain Administrator finds violations of
applicable State and local laws, it shall be his or her duty to notify the owner or occupant
of the building of the violation. The owner or occupant shall immediately remedy each
of the violations of law cited in such notification.
2. Actions in Event of Failure to Take Corrective Action. If the owner of a building or
property shall fail to take prompt corrective action, the Floodplain Administrator shall
give the owner written notice, by certified or registered mail to the owner's last known
address or by personal service, stating:
a. that the building or property is in violation of the floodplain management
regulations;
b. that a hearing will be held before the Floodplain Administrator at a designated
place and time, not later than ten (10) days after the date of the notice, at which
time the owner shall be entitled to be heard in person or by counsel and to present
arguments and evidence pertaining to the matter; and
c. that following the hearing, the Floodplain Administrator may issue an order to
alter, vacate, or demolish the building; or to remove fill as applicable.
3. Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed
above, the Floodplain Administrator shall find that the building or development is in
violation of the Flood Damage Prevention Ordinance, he or she shall issue an order in
writing to the owner, requiring the owner to remedy the violation within a specified time
period, not less than sixty (60) calendar days, nor more than one -hundred -eighty (180)
calendar days. Where the Floodplain Administrator finds that there is imminent danger to
life or other property, he or she may order that corrective action be taken in such lesser
period as may be feasible.
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January 3, 2019
4. Appeal. Any owner who has received an order to take corrective action may appeal the
order to the local elected governing body by giving notice of appeal in writing to the
Floodplain Administrator and the clerk within ten (10) days following issuance of the
final order. In the absence of an appeal, the order of the Floodplain Administrator shall
be final. The local governing body shall hear an appeal within a reasonable time and may
affirm, modify and affirm, or revoke the order.
5. Failure to Comply with Order. If the owner of a building or property fails to comply with
an order to take corrective action for which no appeal has been made or fails to comply
with an order of the governing body following an appeal, the owner shall be guilty of a
misdemeanor and shall be punished at the discretion of the court.
9.08.04.5 Variance Procedures
The McCall Area Planning and Zoning Commission as established by the City of McCall,
hereinafter referred to as the "appeal board", shall hear and decide requests for variances
from the requirements of this ordinance.
2. Variances may be issued for:
a. the repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and that the variance is the minimum necessary
to preserve the historic character and design of the structure;
b. functionally dependent facilities, if determined to meet the definition as stated in
Article II of this ordinance, provided provisions of Article IV, Section E.8.b, c,
and d, have been satisfied, and such facilities are protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety; or
c. any other type of development, provided it meets the requirements of this Section.
3. In passing upon variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
a. the danger that materials may be swept onto other lands to the injury of others;
b. the danger to life and property due to flooding or erosion damage;
c. the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. the importance of the services provided by the proposed facility to the
community;
e. the necessity to the facility of a waterfront location as defined under Article II of
this ordinance as a functionally dependent facility, where applicable;
f. the availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
g. the compatibility of the proposed use with existing and anticipated development;
h. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
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January 3, 2019
i. the safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. the expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
k. the costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges.
4. The applicant shall include a written report addressing each of the above factors in
Article IV, Section E.3.a-k with their application for a variance.
5. Upon consideration of the factors listed above and the purposes of this ordinance, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purposes and objectives of this ordinance.
6. Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and that such construction below the BFE increases risks to life
and property, and that the issuance of a variance to construct a structure below the BFE
will result in increased premium rates for flood insurance up to $25 per $100 of insurance
coverage. Such notification shall be maintained with a record of all variance actions,
including justification for their issuance.
7. The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the Federal Emergency Management Agency and the State of Idaho
upon request.
8. Conditions for Variances:
a. Variances shall not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
b. Variances shall not be issued within any designated floodway if the variance
would result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in
exceptional hardship; and
iii. a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
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January 3, 2019
9. A variance may be issued for solid waste disposal facilities or sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in
Special Flood Hazard Areas provided that all of the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood Hazard Area.
c. The lowest floor of any structure is elevated or floodproofed to at least the Flood
Protection Elevation.
d. The use complies with all other applicable Federal, State and local laws.
10. The City of McCall will notify the State NFIP Coordinator of the Idaho Department of
Water Resources of its intention to grant a variance at least thirty (30) calendar days prior
to granting the variance.
11. Any person aggrieved by the decision of the appeal board may appeal such decision to
the Court, as provided in Idaho Code 67-6535.
9.08.05 PROVISIONS FOR FLOOD HAZARD REDUCTION
9.08.05.1 General Standards
In all Special Flood Hazard Areas the following provisions are required:
1. All new construction, substantial improvements, and development shall be designed (or
modified) and adequately anchored to prevent flotation, collapse, and lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2. All new construction, substantial improvements, and development shall be constructed
with materials and utility equipment resistant to flood damage in accordance with the
Technical Bulletin 2, Flood Damage -Resistant Materials Requirements, and available
from the Federal Emergency Management Agency.
3. All new construction, substantial improvements, and development shall be constructed by
methods and practices that minimize flood damages.
4. All new and replacement electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding to the Flood Protection Elevation. These include, but are not limited to, HVAC
equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter
panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
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January 3, 2019
6. All new and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into flood waters.
7. On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
8. A fully enclosed area, of new construction and substantially improved structures, which
is below the lowest floor used solely for parking, access, and storage shall:
a. be constructed entirely of flood resistant materials at least to the Flood Protection
Elevation; and
b. include, in Zones A, AE, AH, AO, and A1-30, flood openings to automatically
equalize hydrostatic flood forces on walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings must either be certified by a
professional engineer or architect or meet or exceed the following minimum
design criteria:
i. A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
The total net area of all flood openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding;
iii. If a building has more than one enclosed area, each enclosed area must
have flood openings to allow floodwaters to automatically enter and exit;
iv. The bottom of all required flood openings shall be no higher than one (1)
foot above the interior or exterior adjacent grade;
v. Flood openings may be equipped with screens, louvers, or other coverings
or devices, provided they permit the automatic flow of floodwaters in both
directions; and
vi. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or flood resistant wood underpinning, regardless of structural
status, is considered an enclosure and requires flood openings as outlined
above.
9. Any alteration, repair, reconstruction, or improvements to a structure, which is in
compliance with the provisions of this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
10. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located totally or
partially within the floodway, or stream setback, provided there is no additional
encroachment below the Flood Protection Elevation in the floodway, or stream setback,
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this ordinance.
11. New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities shall not be permitted, except by variance
Ord. 977 — Flood Control Regulations Page 25 of 34
January 3, 2019
as specified in Article IV, Section E.9. A structure or tank for chemical or fuel storage
incidental to an allowed use or to the operation of a water treatment plant or wastewater
treatment facility may be located in a Special Flood Hazard Area only if the structure or
tank is either elevated or floodproofed to at least the Flood Protection Elevation and
certified in accordance with the provisions of Article IV, Section C.3.
12. All subdivision proposals and other development proposals shall be consistent with the
need to minimize flood damage and determined to be reasonably safe from flooding.
13. All subdivision proposals and other development proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
14. All subdivision proposals and other development proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
15. All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is required by
Federal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 USC 1334.
16. All subdivision proposals and other development proposals greater than 50 lots or 5
acres, whichever is the lesser, shall include within such proposals base flood elevation
data.
17. When a structure is partially located in a Special Flood Hazard Area, the entire structure
shall meet the requirements for new construction and substantial improvements.
18. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone
with multiple base flood elevations, the provisions for the more restrictive flood hazard
risk zone and the highest Base Flood Elevation (BFE) shall apply.
9.08.05.2 Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as
set forth in Article III, Section B, or Article V, Section D, the following provisions, in addition to
the provisions of Article V, Section A, are required:
1. Residential Construction. New construction, substantial improvements, and development
of any residential structure (including manufactured homes) shall have the lowest floor,
including basement, elevated no lower than the Flood Protection Elevation, as defined in
Article II of this ordinance.
2. Non -Residential Construction. New construction, substantial improvements, and
development of any commercial, industrial, or other non-residential structure shall have
the lowest floor, including basement, elevated no lower than the Flood Protection
Ord. 977 — Flood Control Regulations Page 26 of 34
January 3, 2019
Elevation, as defined in Article II of this ordinance. Structures located in Zones A, AE,
AH, AO, and A1-30 may be floodproofed to the Flood Protection Elevation in lieu of
elevation provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the Flood Protection Elevation are watertight with walls
substantially impermeable to the passage of water, using structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance
with Article V, Section F.2. A registered professional engineer or architect shall certify
that the floodproofing standards of this subsection are satisfied. Such certification shall
be provided to the Floodplain Administrator as set forth in Article IV, Section C.3, along
with the operational plan and the inspection and maintenance plan.
3. Manufactured Homes.
a. New and replacement manufactured homes shall be elevated so that the lowest
floor of the manufactured home is no lower than the Flood Protection Elevation,
as defined in Article II of this ordinance.
b. Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement, either by certified
engineered foundation system, or in accordance with the most current edition of
the Idaho Division of Building Safety's "Idaho Manufactured Home Installation
Standard" in accordance with Idaho Code § 44-2201(2). Additionally, when the
elevation would be met by an elevation of the chassis thirty-six (36) inches or less
above the grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above thirty-six (36)
inches in height, an engineering certification is required.
c. All enclosures or skirting below the lowest floor shall meet the requirements of
Article V, Section A.8.(a)(b).
d. An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved, or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and
approved by the Floodplain Administrator and the local Emergency Management
Coordinator.
4. Additions/Improvements.
a. Additions and/or improvements to pre -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing
structure are
i. not a substantial improvement, the addition and/or improvements must be
designed to minimize flood damages and must not be any more non-
conforming than the existing structure; or
ii. a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
b. Additions to non -compliant post -FIRM structures that are a substantial
improvement with no modifications to the existing structure other than a standard
Ord. 977 — Flood Control Regulations Page 27 of 34
January 3, 2019
door in the common wall shall require only the addition to comply with the
standards for new construction.
c. Additions and/or improvements to non -compliant post -FIRM structures when the
addition and/or improvements in combination with any interior modifications to
the existing structure are
i. not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction; or
ii. a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
5. Recreational Vehicles. Recreational vehicles shall be either:
a. Temporary Placement.
i. be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities, and has no permanently attached additions); or
b. Permanent Placement.
i. Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction, as set
forth in Article V, Section A.
6. Temporary Non -Residential Structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the applicant must submit to the Floodplain
Administrator a plan for the removal of such structure(s) in the event of a flash flood or
other type of flood warning notification. The following information shall be submitted in
writing to the Floodplain Administrator for review and written approval:
a. a specified time period for which the temporary use will be permitted. Time
specified may not exceed six (6) months, renewable up to one (1) year;
b. the name, address, and phone number of the individual responsible for the
removal of the temporary structure;
c. the time frame prior to the event at which a structure will be removed (i.e.,
immediately upon flood warning notification);
d. a copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
e. designation, accompanied by documentation, of a location outside the Special
Flood Hazard Area, to which the temporary structure will be moved.
f. Temporary structures in the floodway must provide a Hydraulic and Hydrology
Analysis along with a No -Rise Certification.
7. Accessory Structures (Appurtenant structures). When accessory structures (sheds,
detached garages, etc.) used solely for parking, and storage are to be placed within a
Special Flood Hazard Area, elevation or floodproofing certifications are required for all
accessory structures in accordance with Article IV, Section C.3, and the following criteria
shall be met:
Ord. 977 — Flood Control Regulations Page 28 of 34
January 3, 2019
a. Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking, or restroom areas);
b. Accessory structures shall not be temperature -controlled;
c. Accessory structures shall be designed to have low flood damage potential;
d. Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
e. Accessory structures shall be firmly anchored in accordance with the provisions
of Article V, Section A.1;
f. All utility equipment and machinery, such as electrical, shall be installed in
accordance with the provisions of Article V, Section A.4; and
g. Flood openings to facilitate automatic equalization of hydrostatic flood forces
shall be provided below Flood Protection Elevation in conformance with the
provisions of Article V, Section A.B.
h. Accessory structures not used solely for parking, access, and storage must be
elevated per Article V. Section B.1. and 2.
An accessory structure with a footprint less than 200 square feet and is a minimal
investment of $7,500 or less and satisfies the criteria outlined in a - g above is not
required to provide the elevation certificate per Article V, Section B.2.
8. Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard
Area, the following criteria shall be met:
a. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the base flood, including the effects of buoyancy (assuming
the tank is empty);
b. Elevated above -ground tanks, in flood hazard areas shall be attached to and
elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse, or lateral movement during conditions of
the base flood. Tank -supporting structures shall meet the foundation requirements
of the applicable flood hazard area;
c. Not elevated above -ground tanks may be permitted in flood hazard areas provided
the tanks are anchored or otherwise designed and constructed to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood -borne debris.
d. Tank inlets, fill openings, outlets and vents shall be:
i. at or above the flood protection elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks
during conditions of the base flood; and
ii. anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of
the base flood.
Ord. 977 — Flood Control Regulations Page 29 of 34
January 3, 2019
9. Construction of Below -Grade Crawlspace.
a. The interior grade of a crawlspace must not be below the BFE and must not be
more than two (2) feet below the exterior lowest adjacent grade (LAG).
b. The height of the below -grade crawlspace, measured from the interior grade of
the crawlspace to the top of the crawlspace foundation wall, must not exceed four
(4) feet at any point.
c. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawlspace. The enclosed area should be drained within a
reasonable time after a flood event.
d. The velocity of floodwaters at the site should not exceed five (5) feet per second
for any crawlspace.
See Technical Bulletin 11 for further information.
Caution:
Buildings that have below -grade crawlspaces will have higher flood insurance premiums
than buildings that have the preferred crawlspace construction, with the interior elevation
of the crawlspace soil at or above the Base Flood Elevation (BFE).
10. Other Development in regulated floodways.
a. Fences that have the potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences, in regulated floodways shall meet the
limitations of Article V, Section E of this ordinance.
b. Retaining walls, bulkheads, sidewalks, and driveways that involve the placement
of fill in regulated floodways shall meet the limitations of Article V, Section E of
this ordinance.
c. Roads and watercourse crossings, including roads, bridges, culverts, low-water
crossings, and similar means for vehicles or pedestrians to travel from one side of
a watercourse to the other side, which encroach into regulated floodways, shall
meet the limitations of Article V, Section E of this ordinance.
d. Drilling water, oil, and/or gas wells including fuel storage tanks, apparatus, and
any equipment at the site that encroach into regulated floodways shall meet the
limitations of Article V, Section E of this ordinance.
e. Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port
facilities, shipbuilding, and ship repair facilities that encroach into regulated
floodways shall meet the limitations of Article V, Section E of this ordinance
11. Subdivision plats.
Flood zones.
a. A note must be provided on the final plat documenting the current flood zone in
which the property or properties are located. The boundary line must be drawn on the
plat in situations where two or more flood zones intersect over the property or
properties being surveyed.
b. FEMA FIRM panel(s): #160xxxxxxC, & 160xxxxxxE, etc.
FIRM effective date(s): mm/dd/year
Flood Zone(s): Zone X, Zone A, Zone AE, Zone AO, Zone, AH, Zone D, etc.
Base Flood Elevation(s): AE .0 ft., etc.
Ord. 977 — Flood Control Regulations Page 30 of 34
January 3, 2019
Flood Zones are subject to change by FEMA & all land within a floodway or
floodplain is regulated by chapter/section of the City/County Code.
9.08.05.3 Standards for Floodplains without Established Base Flood Elevations
Within the Special Flood Hazard Areas designated as Zone A (also known as Unnumbered A
Zones) and established in Article III, Section B, where no Base Flood Elevation (BFE) data has
been provided by FEMA, the following provisions, in addition to the provisions of Article V,
Section A, shall apply:
The BFE used in determining the Flood Protection Elevation (FPE) shall be determined based on
the following criteria:
1 When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply
with all applicable provisions of this ordinance and shall be elevated or
floodproofed in accordance with standards in Article V, Sections A and B.
2. When floodway data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway areas shall also
comply with the requirements of Article V, Sections B and E.
3. Require that all new subdivision proposals and other proposed developments
(including proposals for manufactured home parks and subdivisions) greater than
50 lots or 5 acres, whichever is the lesser, include within such proposals base
flood elevation data. Such Base Flood Elevation (BFE) data shall be adopted by
reference in accordance with Article III, Section B and utilized in implementing
this ordinance. 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.
See FEMA 480 and/or FEMA 265 for further information
4. When Base Flood Elevation (BFE) data is not available from a Federal, State, or
other source as outlined above, the lowest floor shall be elevated or floodproofed
(non-residential) to two feet (2.0 ft.) above the Highest Adjacent Grade (HAG) at
the building site or to the Flood Protection Elevation (FPE) whichever is higher,
as defined in Article II. All other applicable provisions of Article V, Section B
shall also apply.
9.08.05.4 Standards for Riverine Floodplains with Base Flood Elevations but without
Established F000dways.
Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is
available from another source but floodways are not identified for a Special Flood Hazard Area
on the FIRM or in the FIS report, the following requirements shall apply to all development
within such areas:
1. Standards of Article V, Sections A and B; and
Ord. 977 — Flood Control Regulations Page 31 of 34
January 3, 2019
2. Until a regulatory floodway is designated, no encroachments, including fill, new
construction, substantial improvements, or other development shall be permitted unless
certification with supporting technical data by a registered professional engineer is
provided demonstrating that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within the community.
9.08.05.5 Standards for Floodways.
Areas designated as floodways located within the Special Flood Hazard Areas established in
Article III, Section B. The floodways are extremely hazardous areas due to the velocity of
floodwaters that have erosion potential and carry debris and potential projectiles. The following
provisions, in addition to standards outlined in Article V, Sections A and B, shall apply to all
development within such areas:
1. No encroachments, including fill, new construction, substantial improvements, and other
developments shall be permitted unless:
a. it is demonstrated that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood, based on
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice and presented to the Floodplain Administrator prior to
issuance of floodplain development permit (This is a No -Rise Analysis &
Certification); or
b. a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained within six months of
completion of the proposed encroachment.
2. If Article V, Section E.1 is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this ordinance.
3. Manufactured homes may be permitted provided the following provisions are met:
a. the anchoring and the elevation standards of Article V, Section B.3; and
b. the encroachment standards of Article V, Section E.1.
9.08.05.6 Standards for Areas of Shallow Flooding (Zone AO, AH, AR/AO, or AR/AH)
Areas designated as shallow flooding areas have special flood hazards associated with base flood
depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and indeterminate. In addition to Article V, Sections A and B,
all new construction and substantial improvements shall meet the following requirements:
1. The lowest floor shall be elevated at least as high as the depth number specified on the
Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two (2) feet, above the
highest adjacent grade; or at least four (4) feet above the highest adjacent grade if no
depth number is specified.
Ord. 977 — Flood Control Regulations Page 32 of 34
January 3, 2019
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as
required in Article V, Section F.1 so that the structure, together with attendant utility and
sanitary facilities, below that level shall be watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Certification is required in accordance with Article IV, Section C.3, and Article V,
Section B.2.
3. Accessory structure (appurtenant structure) (sheds, detached garages, etc.)
a. Used solely for parking, access, and storage
i. Shall have the lowest floor elevated at least as high as the depth number
specified on the Flood Insurance Rate Map (FIRM), in feet, plus a
freeboard of two (2) feet, above the highest adjacent grade; or at
least four (4) feet above the highest adjacent grade if no depth
number is specified. or
ii. Shall have flood openings to facilitate automatic equalization of
hydrostatic flood forces shall be provided below Flood Protection
Elevation in conformance with the provisions of Article V, Section
A.8.
b. Not used solely for parking, access, and storage
i. Shall be elevated per Article V. Section B.1. and 2.
4. Adequate drainage paths shall be provided around structures on slopes to guide
floodwaters around and away from proposed structures.
9.08.06 LEGAL STATUS PROVISIONS
9.08.06.1 Effect on Rights and Liabilities under the Existing Flood Damage Prevention
Ordinance
This ordinance, in part, comes forward by re-enactment of some of the provisions of the Flood
Damage Prevention Ordinance enacted February 23, 2006 as amended, and it is not the intention
to repeal but rather to re-enact and continue to enforce without interruption of such existing
provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this ordinance shall not affect any action, suit, or proceeding
instituted or pending. All provisions of the Flood Damage Prevention Ordinance of the City of
McCall enacted on February 23, 2006, as amended, which are not reenacted herein are repealed.
9.08.06.2 Effect upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or designated
use of any development or any part thereof for which a Floodplain Development Permit has been
granted by the Floodplain Administrator or his or her authorized agents before the time of
passage of this ordinance. Provided, however, that when construction is not begun under such
outstanding permit within a period of 180 days subsequent to the date of issuance of the
Ord. 977 — Flood Control Regulations Page 33 of 34
January 3, 2019
outstanding permit, construction or use shall be in conformity with the provisions of this
ordinance.
THIS ORDINANCE IS HEREBY DECLARED TO BE SEVERABLE. SHOULD ANY
PORTION OF THIS ORDINANCE BE DECLARED INVALID BY A COURT OF
COMPETENT JURISDICTION, THE REMAINING PROVISIONS SHALL CONTINUE IN
FULL FORCE AND EFFECT AND SHALL BE READ TO CARRY OUT THE PURPOSE(S)
OF THE ORDINANCE BEFORE THE DECLARATION OF PARTIAL INVALIDITY.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AFTER ITS
PASSAGE, APPROVAL AND PUBLICATION ON FEBRUARY 1, 2019, ACCORDING TO
LAW.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, THIS 3rd DAY OF JANUARY 2019.
Approved:
Attest:
By
BessieJo Wner, City erk
Ord. 977 — Flood Control Regulations Page 34 of 34
January 3, 2019
A SUMMARY OF ORDINANCE NO.977
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
REPEALING & REENACTING CHAPTER 8, FLOOD CONTROL REGULATIONS
(OVERLAY), OF TITLE 9, SUBDIVISION AND DEVELOPMENT, OF THE MCCALL CITY
CODE TO UPDATE THE FLOODPLAIN MANAGEMENT REGULATIONS FOR THE CITY
OF MCCALL AND ITS AREAS OF IMPACT BY ENACTING SECTIONS 9.08.01,
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES,
9.08.02, DEFINITIONS, 9.08.03, GENERAL PROVISIONS, 9.08.04, ADMINISTRATION,
9.08.05, PROVISIONS FOR FLOOD HAZARD REDUCTION, AND 9.08.06, LEGAL STATUS
PROVISIONS, AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance
• promote public health, safety, and general welfare and minimize public and
private losses due to flood conditions in specific areas by provisions designed to
protect human life, health, and property; minimize damage to public facilities and
utilities such as water purification and sewage treatment plants, water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in
floodplains, help maintain a stable tax base by providing for the sound use and
development of flood prone areas, minimize expenditure of public money for
costly flood control projects, minimize the need for rescue and emergency
services associated with flooding, generally undertaken at the expense of the
general public, minimize prolonged business interruptions, ensure potential
buyers are notified the property is in an area of special flood hazard, and ensure
those who occupy the areas of special flood hazard assume responsibility for their
actions
• enact Section 9.08.01, Statutory Authorization, Findings of Fact, Purpose, and
Objectives, designating the statutory authority for the ordinance, setting forth the
findings of fact, stating the purpose of the ordinance, and outlining the objections
and methods of reducing flood losses
• enact Section 9.08.02, Definitions, defining Accessory Structure (appurtenant
structure), Addition (to an existing building), Appeal, Area of Shallow Flooding,
Area of Special Flood Hazard, Base Flood, Base Flood Elevation (BFE),
Basement, Building, Critical Facilities, Datum, Development, Development
Activity, Digital Flood Insurance Rate Map (DFIRM), Elevated Building,
Elevation Certificate, Enclosure, Encroachment, Existing Construction, Existing
Manufactured Home Park or Manufactured Home Subdivision, Existing
Structures, Expansion to an Existing Manufactured Home Park or Subdivision,
Flood or Flooding, Flood Boundary and Floodway Map (FBFM), Flood Elevation
Determination, Flood Elevation Study, Flood Hazard Boundary Map (FHBM),
Flood Insurance Rate Map (FIRM), Flood Insurance Study (FIS), Flood Zone,
Floodplain or Flood -Prone Area, Floodplain Administrator, Floodplain
Ordinance 977 Summary
January 3, 2019
Development Permit, Floodplain Management, Floodplain Management
Regulations, Floodproofing, Flood Protection Elevation (FPE), Flood Protection
System, Floodway, Freeboard, Functionally Dependent Use, Highest Adjacent
Grade (HAG), Historic Structure, Letter of Map Change (LOMC), Letter of Map
Amendment (LOMA), Letter of Map Revision (LOMR), Letter of Map Revision
Based on Fill (LOMR-F), Conditional Letter of Map Revision (CLOMR), Levee,
Levee System, Lowest Adjacent Grade (LAG), Lowest Floor, Manufactured
Home, Manufactured Home Park or Subdivision, Market Value, Mean Sea Level,
Mudslide (i.e., mudflow), Mudslide (i.e., mudflow) Area Management, Mudslide
(i.e., mudflow) Prone Area, National Flood Insurance Program (NFIP), New
Construction, New Manufactured Home Park or Subdivision, Post -FIRM, Pre -
FIRM, Recreational Vehicle, Regulatory Floodway, Remedy a Violation,
Repetitive Loss Structure, Riverine, Special Flood Hazard Area (SFHA), Start of
Construction, Structure, Substantial Damage, Substantial Improvement, Technical
Bulletins and Technical Fact Sheets, Temperature Controlled, Variance,
Violation, Water Surface Elevation, and Watercourse
• enact Section 9.08.03, General Provisions, describing lands to which the
ordinance applies, the basis for special flood hazard areas, establishing a
Floodplain Development Permit, providing for compliance, abrogation and
greater restrictions, interpretation, warning and disclaimer of liability, and
penalties for violation
• enact Section 9.08.04, Administration, designating the floodplain ordinance
Administrator, his duties and responsibilities, establishing a Floodplain
Development Application, Permit, and Certification Requirements, setting forth
corrective procedures for violations, and providing procedures for variance
• enact Section 9.08.05, Provisions for Flood Hazard Reduction, setting forth both
general and specific standards, standards for floodplains without established base
flood elevations, standards for riverine floodplains with base flood elevations but
without established floodways, standards for floodways, and standards for areas
of shallow flooding
• enact Section 9.08.06, Legal Status Provisions, explaining the effects of the
ordinance on rights and liabilities under the existing flood damage prevention
ordinance, and its effect on outstanding floodplain development permits
The Ordinance shall take effect upon its passage, approval, and publication on February 1, 2019,
according to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
Ordinance 977 Summary
January 3, 2019
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 3RD DAY OF
JANUARY 2019.
Approved:
.........
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Ai
• R� = 7 = CKIE J MO , Mayor
ATTEST: .'�.,y�` :.. 64
. , .,
By ✓ 1 4,-114
BessieJo W. er, City?lerk
State of Idaho
County of Valley
This record was signed before me on '.1&V U 5t, 3 2e l by Jackie J.Aymon and
BessieJo Wagner,Mayor and City Clerk,respective
•,�soxtY PUS•.•
(St p)/4„) as.
•
•
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• EXPIRES 105.2
Vic,.,,,?. of AP• �� Signature tary
40.
Ordinance 977 Summary
January 3,2019
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 977
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above-
numbered Ordinance and the Summary for the above-numbered Ordinance, believes the
Summary of the above-numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 3rd day of January 2019.
William F. Nichols
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star -News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began January 10, 2019 and ended January 10, 2019.
Subscribed and sworn before me this the 10th day of January, 2019.
STATE OF IDAHO
COUNTY OF VALLEY
On this 10th dui of January in the year of 2019, before me, a Notary
Public, personally appeared Tricia Warren, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO.977
PASSED BY THE CITY OF MCCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPEALING & RE-
ENACTING CHAPTER 8, FLOOD CONTROL REGULATIONS (OVERLAY), OF TITLE 9, SUB-
DIVISION AND DEVELOPMENT, OF THE MCCALL CITY CODE TO UPDATE THE FLOOD -
PLAIN MANAGEMENT REGULATIONS FOR THE CITY OF MCCALL AND ITS AREAS OF
IMPACT BY ENACTING SECTIONS 9.08.01, STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES, 9.08.02, DEFINITIONS, 9.08.03, GENERAL PROVISIONS,
9.08.04, ADMINISTRATION, 9.08.05, PROVISIONS FOR FLOOD HAZARD REDUCTION, AND
9.08.06, LEGAL STATUS PROVISIONS, AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance
*promote public health, safety, and general welfare and minimize public and private losses due to flood
conditions in specific areas by provisions designed to protect human life, health, and property; minimize
damage to public facilities and utilities such as water purification and sewage treatment plants, water and
gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains, help maintain a
stable tax base by providing for the sound use and development of flood prone areas, minimize expenditure
of public money for costly flood control projects, minimize the need for rescue and emergency services
associated with flooding, generally undertaken at the expense of the general public, minimize prolonged
business interruptions, ensure potential buyers are notified the property is in an area of special flood haz-
ard, and ensure those who occupy the areas of special flood hazard assume responsibility for their actions
*enact Section 9.08.01, Statutory Authorization, Findings of Fact, Purpose, and Objectives, designat-
ing the statutory authority for the ordinance, setting forth the findings of fact, stating the purpose of the
ordinance, and outlining the objections and methods of reducing flood losses
*enact Section 9.08.02, Definitions, defining Accessory Structure (appurtenant structure), Addition (to
an existing building), Appeal, Area of Shallow Flooding, Area of Special Flood Hazard, Base Flood, Base
Flood Elevation (BFE), Basement, Building, Critical Facilities, Datum, Development, Development Ac-
tivity, Digital Flood Insurance Rate Map (DFIRM), Elevated Building, Elevation Certificate, Enclosure,
Encroachment, Existing Construction, Existing Manufactured Home Park or Manufactured Home Subdi-
vision, Existing Structures, Expansion to an Existing Manufactured Home Park or Subdivision, Flood or
Flooding, Flood Boundary and Floodway Map (FBFM), Flood Elevation Determination, Flood Elevation
Study, Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), Flood Insurance Study
(FIS), Flood Zone, Floodplain or Flood -Prone Area, Floodplain Administrator, Floodplain Development
Permit, Floodplain Management, Floodplain Management Regulations, Floodproofing, Flood Protection
Elevation (FPE), Flood Protection System, Floodway, Freeboard, Functionally Dependent Use, Highest
Adjacent Grade (HAG), Historic Structure, Letter of Map Change (LOMC), Letter of Map Amendment
(LOMA), Letter of Map Revision (LOMR), Letter of Map Revision Based on Fill (LOMR-F), Condi-
tional Letter of Map Revision (CLOMR), Levee, Levee System, Lowest Adjacent Grade (LAG), Lowest
Floor, Manufactured Home, Manufactured Home Park or Subdivision, Market Value, Mean Sea Level,
Mudslide (i.e., mudflow), Mudslide (i.e., mudflow) Area Management, Mudslide (i.e., mudflow) Prone
Area, National Flood Insurance Program (NFIP), New Construction, New Manufactured Home Park or
Subdivision, Post -FIRM, Pre -FIRM, Recreational Vehicle, Regulatory Floodway, Remedy a Violation,
Repetitive Loss Structure, Riverine, Special Flood Hazard Area (SFHA), Start of Construction, Structure,
Substantial Damage, Substantial Improvement, Technical Bulletins and Technical Fact Sheets, Tempera-
ture Controlled, Variance, Violation, Water Surface Elevation, and Watercourse
* enact Section 9.08.03, General Provisions, describing lands to which the ordinance applies, the basis
for special flood hazard areas, establishing a Floodplain Development Permit, providing for compliance,
abrogation and greater restrictions, interpretation, warning and disclaimer of liability, and penalties for
violation
* enact Section 9.08.04, Administration, designating the floodplain ordinance Administrator, his du -
'es and responsibilities, establishing a Floodplain Development Application, Permit, and Certification
Requirements, setting forth corrective procedures for violations, and providing procedures for variance
*enact Section 9.08.05, Provisions for Flood Hazard Reduction, setting forth both general and spe-
cific standards, standards for floodplains without established base flood elevations, standards for riverine
floodplains with base flood elevations but without established floodways, standards for floodways, and
standards for areas of shallow flooding
*enact Section 9.08.06, Legal Status Provisions, explaining the effects of the ordinance on rights and
liabilities under the existing flood damage prevention ordinance, and its effect on outstanding floodplain
development permits
The Ordinance shall take effect upon its passage, approval, and publication on February 1, 2019, ac-
cording to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk
to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 3RD DAY OF JANU-
ARY 2019.
Approved: By: JACKIE J. AYMON, Mayor
ATTEST: By: BessieJo Wagner, City Clerk
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