Buellton Municipal Code Ch. 17.04 Floodplain Management

The legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city does adopt the following floodplain management regulations.

(Prior code § 8.06.008; Ord. 93-10 § 1, 1993)

A. The flood hazard areas of the city are subject to periodic inundation which results 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.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage and the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and when inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

C. 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 provisions designed:

1. To protect human life and health;

2. To minimize expenditure of public money for costly flood control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

7. To insure that potential buyers are notified that property is in an area of special flood hazard; and

8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

D. In order to accomplish its purposes, this chapter includes methods and provisions for:

1. Restriction or prohibiting 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. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

4. Controlling filling, grading, dredging, and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Prior code § 8.06.010; Ord. 93-10 § 1, 1993)

Unless specifically defined in this section, 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.

"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 in 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 the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal"

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

"Area of shallow flooding"

means a designated AO or AH Zone on the flood insurance rate map (FIRM). In such zones, 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.

"Area of Special Flood Hazard."

See "special flood hazard area."

"Base flood"

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

"Basement"

means any area of the building having its floor subgrade (below ground level) on all sides.

"Buildings."

See "structure."

"Development"

means 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.

"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 the floodplain.

"Existing manufactured home park or subdivision"

means a manufactured home park or subdivision 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 the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing lots on which manufactured homes are to be affixed to the lots (including without limitation, the installation of utilities, construction of streets, final site grading and the pouring of concrete pads).

"Flood" or "flooding" or "floodwater"

means (a) a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows) — See "mudslides"; and (b) the condition resulting from flood-related erosion — See "flood-related erosion."

"Flood boundary and floodway map"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood hazard boundary map"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood insurance rate map (FIRM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

"Flood insurance study"

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

"Floodplain" or "flood-prone area"

means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain administrator"

means the individual appointed to administer and enforce the floodplain management regulations.

"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, and floodplain management regulations, and open space plans.

"Floodplain management regulations"

means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power which control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for purpose of flood damage prevention and reduction.

"Floodproofing"

means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents.

"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 of California and local floodplain maps.

"Floodway fringe"

means the area(s) of a floodplain on either side of a designated floodway where encroachment may be permitted.

"Fraud and victimization"

as used in this chapter shall mean that a variance granted pursuant to this chapter shall not cause the public to be victimized or the conduct of fraud. In examining this requirement, the floodplain administrator shall consider the following facts and the potential that construction in a floodplain may result in serious, costly and dangerous situations: (1) that construction of each building adds to government responsibilities and remains a part of the community for a period of years (typically 50 to 100 years); (2) buildings which are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods throughout their lifetimes, while future owners of the property and the community as a whole are subject to all of the costs, inconvenience, danger and suffering which those flood damages bring; and (3) in addition, future owners who may purchase property in the floodplain, without knowledge of the risks assumed, can be insured only at very high flood insurance rates.

"Functionally dependent use"

means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"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.

"Hardship"

as used in this chapter means the hardship which would result from a failure to grant a requested variance. The floodplain administrator shall require that the need for a variance be exceptional and unusual and that the circumstances surrounding the property for which a variance is sought be peculiar to the property. Mere economic or financial hardship shall not alone constitute grounds for a variance. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot constitute a hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"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 (a) listed individually in the National Register of Historic Places (Department of Interior) or preliminarily ruled by the Secretary of the Interior of the United States as meeting the requirements for individual listing on the National Register of Historic Places; (b) certified or preliminarily determined by the Secretary of the Interior of the United States as contributing to the historical significance of a registered historic district or a district registered historic district; (c) individually listed on a state of California inventory of historic places in a program which has been approved by the Secretary of the Interior of the United States; or, (d) individually listed on a local inventory of historic places in the city of Buellton or the county of Santa Barbara pursuant to a program which has been certified by either (1) an approved California program as determined by the Secretary of the Interior of the United States, or (2) directly by the Secretary of the Interior of the United States in a program approved for the state of California.

"Levee"

means a man-made structure, usually but not limited to an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system"

means a flood protection system which consists of a levee or levees and associated structures, including, but not limited to, closures and drainage devices, which is or are constructed and operated in accordance with sound engineering practices.

"Lowest floor"

means 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 nonelevation design requirements of this chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

"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. 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 sale or rent.

"Mean sea level"

means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the city's flood insurance rate map are referenced.

"New construction"

means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by this city, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision"

means a manufactured home or park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home is to be affixed parcel, including at a minimum the installation of utilities, construction of streets and either final site grading or pouring of concrete pads, is in progress or completed on or after February 1, 1992.

"Obstruction"

means, but is not limited to, a dam, wall, wharf, embankment, levee, levee system, 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.

"One hundred year flood" or "100-year flood"

means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

"Principal structure"

means a structure used for the principal use of the property as distinguished from an accessory use.

"Public safety and nuisance"

as related to Section 17.04.080 of this chapter 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.

"Recreational vehicle"

means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and/or (d) 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 land adjacent to such river or watercourse which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"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 having special flood or mudslide (i.e., mudflow) hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, E, or M.

"Start of construction"

includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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"

means 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"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

"Substantial improvement"

means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 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:

A.

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 assure safe living conditions, or

B.

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 which would otherwise be prohibited by this chapter.

"Water surface elevation"

means the height in relation to the National Geodetic Datum ("NGVD") of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which water flows at least periodically. Watercourse also includes specifically designated areas in which substantial flood damage may occur.

(Prior code § 8.06.012; Ord. 93-10 § 1, 1993)

A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the city.

B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency ("FEMA") or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study" for Santa Barbara County, California, and incorporated areas dated June 3, 1992, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the City Hall. This Flood Insurance Study 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 council by the floodplain administrator. The study, FIRMs and FBFMs are on file at City Hall, 107 West Highway 246, Buellton, California.

C. Compliance. No structure or land shall hereafter be constructed, located, enlarged, extended, expanded, converted, or substantially improved unless the entire structure is made to conform with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor punishable as provided in Title 1 of this code; provided, however, that each person violating this chapter shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

D. If any existing structure shall be destroyed or damaged to any extent by flood or wave action, then the structure, and the land on which said structure was located or maintained shall be subject to all the regulations of this chapter.

E. 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, another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F. 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.

G. 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 man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, 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, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

H. Severability. This chapter and the various sections thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Prior code § 8.06.014; Ord. 93-10 § 1, 1993)

A. Establishment of Site Development Permit. A site development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) hazards established in or pursuant to Section 17.04.040(B) of this chapter. Application for a site development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures; fill, storage of materials, drainage facilities; and the location of the foregoing. The following information is required:

1. A certificate from a registered civil engineer stating that the information in the application is correct;

2. Proposed elevation in relation to mean sea level of the lowest floor including the basement of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

3. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

4. All appropriate certifications listed in subsection (C)(4) of this section;

5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

6. A statement that the standards in Section 17.04.070 have been satisfied.

B. Designation of the Floodplain Administrator. The city manager, or such member of the administrative staff of the city as the city manager may appoint, shall administer this chapter in accordance with its provisions.

C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1. Permit Review. Review all development permits to determine that:

a. The permit requirements of this chapter have been satisfied;

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. For purposes of this chapter, "adversely affects" 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.

e. All development subject to the provisions of this chapter shall be referred to the county flood control and water conservation district for review and appropriate action, pursuant to the terms and conditions of Resolution No. 93-33, establishing a joint powers agreement between the city and said district. All new development, including construction, excavation, and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this chapter are provided. All requirements or conditions imposed by the county flood control and water conservation district shall be met.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.04.040(B) the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer this chapter. Any such information shall be submitted to the city council for adoption.

3. Whenever a watercourse is to be altered or relocated, the floodplain administrator shall:

a. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

b. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

4. Obtain and maintain for public inspection and make available as needed:

a. The certification required in Section 17.04.070(A)(3)(a) (floor elevations);

b. The certification required in Section 17.04.070(A)(3)(b) (elevations in areas of shallow flooding);

c. The certification required in Section 17.04.070(A)(3)(b)(iii) (elevation or floodproofing of non-residential structures);

d. The certification required in Section 17.04.070(A)(3)(c)(i) or 17.04.070(A)(3)(c)(ii) (wet floodproofing standard);

e. The certified elevation required in Section 17.04.070(C)(2) (subdivision standards); and

f. The certification required in Section 17.04.070(E)(1) (floodway encroachments).

5. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) hazards, for example, 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 17.04.080.

6. Take action to remedy violations of this chapter as specified in Section 17.04.040 of this chapter.

7. Grant, conditionally grant, or deny development permits.

(Prior code § 8.06.016; Ord. 93-10 § 1, 1993)

The city council 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.

(Prior code § 8.06.017; Ord. 93-10 § 1, 1993)

A. Standards of Construction. In all areas of special flood hazards, the following standards are required:

1. Anchoring.

a. All new construction and substantial improvements shall be anchored to prevent flotation collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection D of this section.

2. Construction Materials and Methods.

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. All new construction and substantial improvements shall be constructed 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.

d. Within Zones AH or AO, adequate drainage paths around structures on slopes shall be installed to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing.

a. Residential construction, new or substantial improvement of any structure shall have the lowest floor, including basement, elevated to at least two feet above the base flood elevation. Nonresidential structures may meet the standards in subsection (A)(3)(c) of this section.

i. In an AO zone, elevated above the highest adjacent grade to a height equal to at least two feet above 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;

ii. In an A zone, elevated to at least two feet above the base flood elevation, as determined by this community;

iii. In all other zones, elevated to at least two feet above the base flood elevation.

b. Nonresidential construction shall either be elevated in conformance with subsection (A)(3)(a) of this section together with attendant utility and sanitary facilities:

i. Be floodproofed so that below the base flood level 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 professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

c. Require, for all new construction and substantial improvements, that 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

i. Either a minimum of two openings having a total net area of not less than one square inch for every square foot enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screen louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

ii. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.

d. Manufactured homes shall also meet the standards in subsection D 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 infiltration of floodwater into the system and discharge from systems into flood waters.

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

C. Standards for Subdivisions.

1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2. All final subdivision plans shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final first floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage.

4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

D. Standards for Manufactured Homes. All manufactured homes that are placed or substantially improved within Zones A1-30, AH and AE on the community's flood insurance rate map, on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

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

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood;

shall 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 anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. 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 the previous paragraph will be elevated so that either the:

E. Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones 1-30, AH and AE on the community's flood insurance rate map 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 17.04.050 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D of this section.

F. Floodways. Located within areas of special flood hazard established in Section 17.04.040(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If subsection (E)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

(Prior code § 8.06.018; Ord. 93-10 § 1, 1993)

A. Nature of Variances. The variance criteria set forth in this section 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 city 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. Appeal Board.

1. The city council of the city shall hear and decide appeals and requests for exceptions from the requirements of this chapter.

2. The city council 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 of administration of this chapter.

3. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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

b. The danger of 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 city;

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

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

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;

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

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters 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. Generally, exceptions may be issued for new construction and substantial improvements 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 items (B)(3)(a) through (B)(3)(k) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increases.

5. Upon consideration of the factors of subsection (B)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter.

6. The floodplain administrator shall maintain the records of all appeal actions and report any exceptions to the Federal Insurance Administration, Federal Emergency Management Agency upon request.

7. 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 $25 for $100 of insurance coverage, and

b. Such construction below 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.

C. 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 17.04.050 and 17.04.070 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 17.04.030 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 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 city council believes will both provide relief and preserve the integrity of the local ordinance.

(Prior code § 8.06.020; Ord. 93-10 § 1, 1993)