§ 105-1. Statutory authority, findings of fact and purpose.

(a)

The state legislature has in I.C.A. ch. 414 delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

(b)

Findings of fact.

(1)

The flood hazard areas of the city are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.

(2)

These flood losses, hazards, and related adverse effects are caused by:

a.

The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding; and

b.

The cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

(c)

Statement of purpose. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in subsection (b)(1) of this section with provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

(3)

Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

(4)

Ensure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

(Prior Code, § 123.01)