Barstow Municipal Code Ch. 15.16 Floodplain Management

Footnotes:

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Prior ordinance history—Ord. Nos. 449, 566, 588, 651, 718 and 762.

(a) Statutory authorization. The legislature of the state has, in Government Code §§ 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city has adopted the following floodplain management regulations.

(b) Findings of fact.

(1) The flood hazard areas of the city are subject to periodic inundation which may 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 residents of the city.

(2) These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities also contributes to flood losses.

(c) Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all pub-licly and privately owned land within floodprone or flood-related erosion areas. These regulations are designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

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

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in special flood hazard areas;

(6) Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future blighted areas caused by flood damage;

(7) Ensure that potential buyers are notified that property is in a special flood hazard area; and

(8) Ensure that those who occupy the special flood hazard areas assume responsibility for their actions.

(d) Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes regulations to:

(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities.

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

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters.

(4) Control filling, grading, dredging, and other development which may increase flood damage.

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Code 1969, § 15.16.010; Ord. No. 836, § 1(part), 2007)

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

100-year flood. See Base flood.

Accessory structure means a structure that is either:

(1) Solely for the parking of motor vehicles; or

(2) A small, low cost shed for limited storage, less than 120 square feet and $1,500.00 in value.

Accessory use means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

Area of shallow flooding means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means a flood which has a one-percent chance of being equaled or exceeded in any given year (also called the 100-year flood). Base flood is the term used throughout this chapter.

Base flood elevation (BFE) means the elevation shown on the flood insurance rate map for Zones AE, AH, AO, A1-30, VE, and V1-V30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

Basement means any area of a building having its floor subgrade (i.e., below ground level) on all sides.

Building. See Structure.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Exceptional hardship means that the hardship is exceptional, unusual, and unique to the property subject to the variance. Economic or financial hardship is not an exceptional hardship. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot qualify as an exceptional hardship.

Existing manufactured home park or subdivision means a parcel (or contiguous parcels) of land for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before February 1, 1980.

Expansion of an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood, flooding, or floodwater means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

(2) The condition resulting from flood-related erosion.

Flood boundary and floodway map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazard areas and the floodway.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level 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 a flash flood or by some similarly unusually and unforeseeable event which results in flooding.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source. See Flooding.

Floodplain administrator is the city engineer as set forth in section 15.16.040 herein charged with the responsibility to administer and enforce the floodplain management regulations in this chapter.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other application of police power which control development in floodprone areas. This term "floodplain management regulations" describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural 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. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

Floodway means 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 one foot. Also referred to as "regulatory floodway."

Floodway encroachment lines means the lines marking the limits of floodways on federal, state, and local floodplain maps where encroachment is not permitted.

Floodway fringe is that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Fraud and victimization means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the BFE are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Governing body is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

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

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

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Lowest floor means:

(1) The lowest floor of the lowest enclosed area, including basement (see Basement).

(2) An unfinished or flood-resistant enclosure below the lowest floor that is 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 it conforms to applicable nonelevation design requirements, including, but not limited to:

a. The flood openings standard in section 15.16.050(a)(3)c;

b. The anchoring standards in section 15.16.050(a)(1);

c. The construction materials and methods standards in section 15.16.050(a)(2); and

d. The standards for utilities in section 15.16.050(b).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For the purpose of this chapter, the term "mobile home or modular factory built home" means manufactured home. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value is defined in the city's substantial damage/improvement procedures in section 15.16.040(b)(2)a.

Mean sea level means, for purposes of the National Flood Insurance Program and the city, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which the city's flood insurance rate maps reference.

New construction means structures for which the start of construction commenced on or after February 1, 1980, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a parcel (or contiguous parcels) of land for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 1, 1980.

Obstruction means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

Public safety concerns and nuisance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means 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 one foot.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet flow area. See Area of shallow flooding.

Special flood hazard area (SFHA) means an area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

Start of construction means and includes substantial improvement and other proposed new development 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 from the date of the permit. 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 manufacture 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 means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage means 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 of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations or 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 ensure 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.

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Violation means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. The term "watercourse" includes specifically designated areas in which substantial flood damage may occur.

Zone A means a special flood hazard area that is inundated by the base flood with no BFEs determined. See Special flood hazard area.

(Code 1969, § 15.16.020; Ord. No. 836, § 1(part), 2007)

(a) Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas as defined in this chapter within the jurisdiction of the city.

(b) Basis for establishing the special flood hazard areas. The special flood hazard areas subject to this chapter are those identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS), dated January 17, 1997, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated March 18, 1996, and all subsequent amendments and/or revisions, and are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are on file with the floodplain administrator at 220 East Mountain View St., Suite A, Barstow, California 92311.

(c) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

(d) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e) Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(f) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Code 1969, § 15.16.030; Ord. No. 836, § 1(part), 2007)

(a) Designation of the floodplain administrator. The city engineer is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permit applications in accordance with its provisions.

(b) Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Permit review. Review all development permits to determine:

a. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

b. All other required local, state, and federal permits have been obtained;

c. The site is reasonably safe from flooding;

d. The proposed development does not adversely affect the carrying capacity of areas where BFEs have been determined but a floodway has not been designated. This means 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 city;

e. Require within Zones AH and AO adequate paths around structures on slopes, to guide floodwaters around and away from proposed structures; and

f. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the start of construction definition.

(2) Development of substantial improvement and substantial damage procedures.

a. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," and FEMA 311, "Guide on Estimating Substantial Damage Using the NFIP Residential Substantial Damage Estimator," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining the term "market value."

b. Ensure procedures are coordinated with other departments/divisions and implemented by city staff.

(3) Review, use and development of other base flood data. When BFE data has not been provided in accordance with section 15.16.030(b), the floodplain administrator shall obtain, review, and reasonably utilize any BFE and floodway data available from a federal or state agency, or other source, in order to administer section 15.16.050 A BFE shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995.

(4) Notification of other agencies.

a. Alteration or relocation of a watercourse:

1. Notify adjacent communities and the state department of water resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Emergency Management Agency; and

3. Ensure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

b. BFE changes due to physical alterations:

1. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

2. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the start of construction definition. Such submissions are necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in the city's jurisdictional boundaries: Notify FEMA in writing whenever the jurisdictional boundaries of the city have been modified by annexation or other means and include a copy of a map of the city clearly delineating the new jurisdictional limits.

(5) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

a. Certification required by section 15.16.050(a) and (d) (lowest floor elevations);

b. Certification required by section 15.16.050(a) (elevation or floodproofing of nonresidential structures);

c. Certification required by section 15.16.050(a)(3) (wet floodproofing standard);

d. Certification of elevation required by section 15.16.050(c) (subdivisions and other proposed development standards);

e. Certification required by section 15.16.050(f) (floodway encroachments); and

f. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(6) Map determination. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (d) of this section.

(7) Remedial action. Take action to remedy violations of this chapter as specified in section 15.16.030(c).

(8) Biennial report. Complete and submit biennial report to FEMA.

(9) Planning. Ensure city's general plan is consistent with floodplain management objectives herein.

(10) Nonconversion of enclosed areas below the lowest floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:

a. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

b. Enter into a nonconversion agreement for construction within flood hazard areas, or equivalent, with the city. The agreement shall be recorded with the county recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the floodplain administrator and city attorney; and

c. Have the authority to inspect any area of a structure below the BFE to ensure compliance upon prior notice of at least 72 hours.

(c) Development permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any special flood hazard area established in section 15.16.030(b). Application for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

(1) Plans in duplicate, drawn to scale, showing:

a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b. Proposed locations of water supply, sanitary sewer, and other utilities;

c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

d. Location of the regulatory floodway when applicable;

e. BFE information as specified in section 15.16.030(b) or subsection (b)(3) of this section;

f. Proposed elevation of the lowest floor (including basement) of all structures; and

g. Proposed elevation to which any nonresidential structure will be floodproofed, as required of section 15.16.050(a) and detailed in FEMA Technical Bulletin TB 3-93.

(2) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in section 15.16.050(a)(3).

(3) For a crawl-space foundation, location and total net area of foundation openings as required of section 15.16.050(a) and detailed in FEMA Technical Bulletins 1-93 and 7-93.

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

(5) All appropriate certifications listed in subsection (b)(5) of this section.

(d) Determinations on development permits. The floodplain administrator shall make determinations on development permits under this section in accordance with the criteria set forth in subsection (b)(1) of this section.

(e) Appeals. Appeals of any requirement, decision or determination of the floodplain administrator related to development permits shall be governed by section 15.16.070.

(Code 1969, § 15.16.040; Ord. No. 836, § 1(part), 2007)

(a) Standards of construction. In all special flood hazard areas the following standards are required:

(1) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Specific requirements shall be that:

a. Over-the-top ties be provided at each of the four corners of manufactured home with two additional ties per side at intermediate locations, with homes less than 50 feet long requiring one additional tie per side;

b. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

c. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

d. Any additions to the manufactured home be similarly anchored.

(2) Construction materials and methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the BFE;

b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

d. If located within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3) Elevation and floodproofing.

a. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

1. If located within Zones AE, AH, A1-30, elevated one foot above the BFE.

2. If located within Zone AO, elevated above the highest adjacent grade to a height one foot above the number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified.

3. In Zone A, without BFEs specified on the FIRM, elevated one foot above the BFE as determined in section 15.16.040(b)(3) (Review, use, and development of other base flood data). All new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, include BFE data.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with this chapter or:

1. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended in subsection (a)(3)a of this section, so that the structure is watertight with walls substantially impermeable to the passage of water;

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

3. Be certified by a registered civil engineer or architect that the standards of subsections (a)(3)b.1 and 2 of this section are satisfied. Such certification shall be provided to the floodplain administrator.

c. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

1. For nonengineered openings:

(i) Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii) The bottom of all openings shall be no higher than one foot above grade;

(iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided that they permit the automatic entry and exit of floodwater; and

(iv) Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or

2. For engineered openings designs shall be certified by a registered civil engineer or architect.

d. Manufactured homes. See subsection (d) of this section.

e. Garages and low cost accessory structures.

1. Attached garages.

(i) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See subsection (a)(3)c of this section. Areas of the garage below the BFE must be constructed with flood resistant materials. See subsection (a)(2) of this section.

(ii) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

2. Detached garages and accessory structures.

(i) Accessory structures used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section 15.16.020, may be constructed such that its floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:

(a) Use of the accessory structure must be limited to parking or limited storage;

(b) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(e) The accessory structure must comply with floodplain encroachment provisions in subsection (f) of this section; and

(f) The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with this chapter.

(ii) Detached garages and accessory structures not meeting the standards in subsection (a)(3)e.2(i) of this section must be constructed in accordance with all applicable standards in this chapter.

f. Crawl space construction. No subgrade crawl spaces shall be permitted. The term "subgrade" shall be defined as below grade on all four sides.

(b) Standards for utilities.

(1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a. Infiltration of floodwaters into the systems; and

b. Discharge from the systems into floodwaters.

(2) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(c) Standards for subdivisions and other proposed development.

(1) All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

a. Identify the special flood hazard areas (SFHA) and BFE.

b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans which shall meet the requirements of subsection (a)(3) of this section.

c. If the site is filled above the BFE, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator for approval prior to submittal to FEMA:

1. Lowest floor elevation.

2. Pad elevation.

3. Lowest adjacent grade.

LOMR-F applications are available online at www.fema.gov.

(2) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

(3) All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(4) All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(d) Standards for manufactured homes.

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

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

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

d. In an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood, shall: Within Zones A, A1-30, AH, AO, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the BFE and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(2) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, A1-30, AH, AO, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (d)(1) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

a. Lowest floor of the manufactured home is at least one foot above the BFE;

b. Lots are large enough to permit steps;

c. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade;

d. Piling foundations are placed in stable soil no more than ten feet apart; and

e. Reinforcement is provided for pilings more than six feet above the ground level.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(e) Standards for recreational vehicles. All recreational vehicles placed in Zones A, A1-30, AH, AO, and AE will either:

(1) Be on the site for fewer than 180 consecutive days;

(2) 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 security devices, and has no permanently attached additions; or

(3) Meet the permit requirements of section 15.16.040(c) and the elevation and anchoring requirements for manufactured homes described by subsection (d)(1) of this section.

(f) Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1) Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.

(2) Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(3) If subsections (f)(1) and (2) of this section are satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

(4) Prohibit the placement of any manufactured home temporary or permanent.

(Code 1969, § 15.16.050; Ord. No. 836, § 1(part), 2007)

(a) Nature of variances.

(1) The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

(2) The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that the variance pertain to a piece of property and is not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

(3) It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(b) Conditions for variances.

(1) An applicant may apply for a variance based on the following property conditions:

a. New construction, substantial improvement of property, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 15.16.040 and 15.16.050 have been fully considered and at the discretion of the floodplain administrator as pertaining to subsection (b)(4) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

b. For the repair or rehabilitation of historic structures as defined in this chapter upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

c. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2) In making a determination on a variance application, the floodplain administrator shall use the criteria set forth in section 15.16.070(c)(2). In addition, variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. The term "minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of the local ordinance.

(3) Conditions of approval of a variance. The floodplain administrator may attach such other conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(4) Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:

a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(5) The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(Code 1969, § 15.16.060; Ord. No. 836, § 1(part), 2007)

(a) General. This section shall govern appeals of any requirement, decision or determination made by the floodplain administrator pertaining to development permits and variances.

(b) Development permits.

(1) A requirement, decision or determination made by the floodplain administrator pertaining to a development permit may be appealed by any interested person to the planning commission when the basis for the appeal alleges an error or abuse of discretion or that the application for a development permit did meet or failed to meet the qualifications or standards set forth in this chapter.

(2) The decision of the floodplain administrator on a development permit may be appealed in writing to the planning commission, within five business days of the floodplain administrator's decision; thereafter the floodplain administrator's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal before the planning commission shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the planning commission, except that such appeal shall be a public hearing. The decision of the planning commission shall be final, unless appealed to the city council.

(3) The decision of the planning commission may be appealed by any interested person in writing to the city council, within five business days of the planning commission's decision; thereafter the planning commission's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the city council, except that such appeal shall be a public hearing. The decision of the city council shall be final.

(c) Variances.

(1) The floodplain administrator's decision on an application for a variance may be appealed by any interested person to the planning commission within five business days of the floodplain administrator's decision; thereafter the floodplain administrator's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal before the planning commission shall be governed by the procedures set forth in section 19.44.050 of this Code as they apply to appeals before the planning commission, except that such appeal shall be a public hearing. The decision of the planning commission shall be final, unless appealed to the city council.

(2) In reviewing an appeal for a variance, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:

a. Danger that materials may be swept onto other lands to the injury of others;

b. Danger of life and property due to flooding or erosion damage;

c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

d. Importance of the services provided by the proposed facility to the community;

e. Necessity to the facility of a waterfront location, where applicable;

f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. Compatibility of the proposed use with existing and anticipated development;

h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. Safety of access to the property in time of flood for ordinary and emergency vehicles;

j. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;

k. 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 system, and streets and bridges;

l. Whether the applicant has shown good and sufficient cause for the variance as defined in this chapter;

m. Whether the applicant has shown that failure to grant the variance would result in exceptional hardship, as defined in this chapter, to the applicant; and

n. The granting of a variance will not result in increased flood heights, result in public safety concerns and nuisance as defined in this chapter, or extraordinary public expense cause fraud and victimization of the public as defined in this chapter, or conflict with existing local laws or ordinances.

(3) The decision of the planning commission may be appealed by any interested person in writing to the city council, within five business days of the planning commission decision; thereafter the planning commission's decision becomes final. Such appeal shall be filed in the office of the city clerk during normal business hours. The appeal shall be governed by the procedures set forth in section 19.44.050 as they apply to appeals before the city council, except that such appeal shall be a public hearing. The decision of the city council shall be final.

(Code 1969, § 15.16.070; Ord. No. 836, § 1(part), 2007)