Ordinance Text
1-15-10: FLOODPLAIN DEVELOPMENT PERMIT:
A. Floodplain Permit Required: A floodplain development permit shall be approved by the City before a building permit is issued for construction or development within any area of special flood hazard. The permit shall be for all structures, including manufactured homes, and for all other development including fill and other activities, as defined in section 4-3-5 of this Code. A floodplain development permit shall be required for any development that could possibly increase or alter the flood hazard.
B. Application For Permit: Application for a floodplain development permit shall be made on forms furnished by the City and shall include the following:
1. Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question.
2. Existing and proposed structures, fill, storage of materials, drainage facilities and their location.
3. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures.
4. Elevation in relation to mean sea level to which any structure has been floodproofed.
5. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 4-3-7-5B of this Code.
6. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
7. Any additional information required by the City.
8. Prior to issuance of a building permit a preconstruction elevation certificate, certified by a registered professional engineer, architect, or licensed surveyor must be received.
9. Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate certified by a registered professional engineer, architect or licensed surveyor must be received.
C. Review: Upon receipt of a complete floodplain development permit application, the Zoning Administrator shall review the application and grant or deny the requested development permit, in accordance with the provisions of subsection 4-3-8A1 of this Code.
D. Notice To Applicant, Issuance Of Permit: After rendering a decision, the City shall return one copy of the application and decision, together with those items required by subsection B of this section, to the applicant, after having marked such copy either as approved or disapproved and attested to the same by signing such copy. One copy of the complete application and decision, similarly marked, shall be retained by the City.
E. Appeals: Any person aggrieved by a decision of the City in the grant or denial of a floodplain development permit may appeal such decision to the City Council, by filing a notice of appeal stating the nature of the appeal with the City Council, within thirty (30) days of the return of the City's decision to the applicant. The City Council, within fifteen (15) days of the receipt of a notice of appeal, shall schedule and hold a public hearing in accordance with the hearing provisions of 67-6509, Idaho Code, to further consider the application. Following the public hearing, the City Council shall, within fifteen (15) days of the hearing, affirm, affirm with modification or reverse the decision of the City. The decision of the City Council shall be in writing and accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based upon the criteria, standards, and facts as set forth. In accordance with the provisions of section 67-5270, Idaho Code, a person aggrieved by a decision of the City Council in its grant or denial of a floodplain development permit may appeal the City Council's decision to the District Court.
F. Expiration And Revocation Of Development Permit: If the work described in the floodplain development permit has not begun within one year from the date of issuance thereof, said permit shall expire and shall be revoked by the Zoning Administrator and written notice thereof shall be given to the persons affected. (Ord. 531, 4-2-2014; amd. Ord. 609, 7-3-2018)
Source: American Legal Publishing — codelibrary.amlegal.com — public domain
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Middleton, Idaho — United States
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Canyon County
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Nearby Sections
1-15-8-5: DESIGN CRITERIA AND STANDARDS:1-15-8-6: CERTIFICATE OF OCCUPANCY:1-15-8-7: TERMS OF APPROVAL:1-15-8-8: TIME LIMITATIONS FOR ACTION UPON AP1-15-9: BUILDING PERMIT:1-15-10: FLOODPLAIN DEVELOPMENT PERMIT:1-15-11: SIGN PERMIT:1-15-11-1: INTRODUCTION:1-15-11-2: PERMITS:1-15-11-3: INSPECTION:1-15-11-4: REQUIREMENTS AND CRITERIA:1-15-11-5: EXEMPT SIGNS:1-15-11-6: NONCONFORMING SIGNS:1-15-11-7: PROHIBITED SIGNS:1-15-11-8: ENFORCEMENT:
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