§ 17.29

A.

Designation of the Floodplain Administrator. The planning director is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord 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 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 base flood elevations 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 of Blythe, and

e.

All letters of map revision (LOMR's) 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 (CLOMR's). Approved CLOMR's 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," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

b.

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

3.

Review and Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.29.030(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.29.050.

Note: a base flood elevation may 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.

i.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

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

iii.

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

b.

Base Flood Elevation Changes Due to Physical Alterations.

i.

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

ii.

All LOMR's 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 (CLOMR's). Approved CLOMR's 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.

c.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

5.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by Section 17.29.050(A)(3)(a) and Section 17.29.050(D) (lowest floor elevations);

b.

Certification required by Section 17.29.050(A)(3)(b) (elevation or floodproofing of nonresidential structures);

c.

Certification required by Section 17.29.050(A)(3)(c) (wet floodproofing standard);

d.

Certification of elevation required by Section 17.29.050(C)(l)(c) (subdivisions and other proposed development standards);

e.

Certification required by Section 17.29.050(F)(2) (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 areas of special flood hazard, 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 Section 17.29.040(D).

7.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 17.29.030(C).

8.

Biennial Report. Complete and submit biennial report to FEMA.

9.

Planning. Assure community's general plan is consistent with floodplain management objectives herein.

C.

Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 17.29.030(B). Application for a development permit shall be made on forms furnished by the city of Blythe. 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.

Base flood elevation information as specified in Section 17.29.030(B) or 17.29.040(B)(3);

f.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

g.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 17.29.050(A)(3)(b) of this chapter 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 17.29.050(A)(3)(b).

3.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.29.050(A)(3)(c) of this chapter 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.

Appeals. The city council of the city of Blythe shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 827 § 1 (part), 2008)

A.

Standards of Construction. In all areas of special flood hazards 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;

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 base flood elevation,

b.

Using methods and practices that minimize flood damage,

c.

With electrical, heating, ventilation, plumbing and airconditioning 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.

Within Zone 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:

i.

In AE, AH, A1-30 zones, elevated to or above the base flood elevation;

ii.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified;

iii.

In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 17.29.040(B)(3).

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 subsection (A)(3)(a) of this section or:

i.

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

ii.

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

iii.

Be certified by a registered civil engineer or architect that the standards of subsections (A)(3)(b)(i) and (ii) 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:

i.

For Non-Engineered Openings.

(A)

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;

(B)

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

(C)

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

(D)

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

ii.

Be Certified by a Registered Civil Engineer or Architect.

d.

Manufactured Homes.

i.

See subsection D of this section.

e.

Garages and Low Cost Accessory Structures.

i.

Attached Garages.

(A)

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). Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection (A)(2).

(B)

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.

ii.

Detached Garages and Accessory Structures.

(A)

"Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 17.29.020, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The accessory structure must comply with floodplain encroachment provisions in subsection F of this section; and

(6)

The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with subsection (A)(3)(c) of this section.

(B)

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in subsection A of this section.

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.

C.

Standards for Subdivisions and Other Proposed Development.

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

a.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE);

b.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans;

c.

If the site is filled above the base flood elevation, 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:

i.

Lowest floor elevation,

ii.

Pad elevation,

iii.

Lowest adjacent grade.

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:

i.

Within Zones A1-30, AH 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 to or above the base flood elevation 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 A1-30, AH and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (D)(1) 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 or above the base flood elevation; or

b.

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

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.

1.

All recreational vehicles placed in Zones A1-30, AH and AE will either:

a.

Be on the site for fewer than one hundred eighty consecutive days;

b.

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

c.

Meet the permit requirements of Section 17.29.040(C) of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (D)(1).

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 of Blythe.

2.

Within an adopted regulatory floodway, the city of Blythe 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) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

(Ord. 827 § 1 (part), 2008)

A.

Nature of Variances. 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.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are 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.

It is the duty of the Blythe city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring 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.

Generally, variances may be issued for new construction, substantial improvement, 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 17.29.040 and 17.29.050 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.29.020 of 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.

3.

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

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "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 Blythe city council 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 Blythe city council believes will both provide relief and preserve the integrity of the local ordinance.

5.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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 twenty-five dollars for one hundred dollars 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 Riverside recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6.

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.

C.

Appeal Board.

1.

In passing upon requests for variances, the Blythe city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

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; and

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.

2.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause;

b.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

3.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (C)(1) through (C)(4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4.

Upon consideration of the factors of subsection (B)(1) of this section and the purposes of this chapter, the Blythe city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 827 § 1 (part), 2008)

DIVISION IV. - SPECIAL PROVISIONS Chapter 17.30 - HOME-BASED BUSINESSES*

Sections: