Butte County Municipal Code § 26-27 Cooperation with other agencies

Footnotes:

--- (3) ---

Editor's note— Section 1 of Ord. No. 2343, enacted March 18, 1983, amended ch. 26 by adding thereto a new art. III, §§ 26-20—26-21. Inasmuch as ch. 26 already contained an art. III, the provisions of Ord. No. 2343 are included herein as art. IV; and the article title was added by the editor in order to facilitate indexing and reference thereto, as were catchlines for several sections within the article, and the word "article" was substituted for "ordinance" where deemed appropriate.

Cross reference— Drainage impact fees, § 3-100 et seq.

The department of Development Services is authorized and directed to enforce all the provisions of this article. The director of the Department of Public Works or his duly authorized designee is designated as the "flood plain administrator."

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 3001, § 10, 5-5-92; Ord. No. 3270, § 1, 6-25-96; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3909, § 2, 4-26-05)

(a) The Butte County Board of Supervisors hereby adopts the flood insurance study ("FIS") produced by the Federal Insurance Administration ("FIA") of the Federal Emergency Management Agency ("FEMA"), and accompanying flood insurance rate maps ("FIRM") and flood boundary and floodway maps ("FBFM") with map index dated January 6, 2011, and all subsequent amendments and revisions, as the official maps to be used in determining those areas of special flood hazard. The FIS and attendant mapping present the minimum area of applicability of this article, which area may be supplemented by ordinance adopted by the Board of Supervisors based on studies and on recommendations from the Floodplain Administrator. The FISs, FIRMs, and FBFMs are on file with the Butte County Department of Public Works at 7 County Center Drive, Oroville, California.

(b) The Butte County Board of Supervisors hereby adopts the United States Army Corps of Engineers Comprehensive Study 2002 map and the California Department of Water Resources Urban Level of Flood Protection Chico Study Area 2013 map, and all subsequent amendments and revisions, as the best available maps of the two hundred-year floodplain and incorporates them into the official two hundred-year floodplain maps. The official two hundred-year floodplain maps will reflect the boundaries of the Urban Flood Protection -FP Overlay Zone established on the Zoning Map and in Section 24.47.1 of the Zoning Ordinance. The official two hundred-year floodplain maps will be reflected on two hundred-year flood mapping information shown in Figure HS-2 of the General Plan's Health and Safety Element.

(Ord. No. 3127, § 1, 3-8-94; Ord. No. 3989, § 2 (part), 8-19-08)

(Ord. No. 4033, § 1, 9-13-11; Ord. No. 4121, § 6, 11-8-16)

(a) Additional requirements in flood hazard zones and the two hundred-year floodplain. Within flood hazard Zones A, AE, AH and AO, on the official maps there are additional requirements in conjunction with the issuance of development permits for new construction, substantial improvements and other developments, including the placement of manufactured homes and pre-fabricated buildings, as set forth in this article and subsection (b) below. Within the two hundred-year floodplain shown on the official two hundred-year floodplain maps, additional requirements apply to County approval of any new development or use involving development agreements, discretionary building permits or entitlements, ministerial permits for construction of a new residence, or tentative subdivision or parcel maps for a project, as set forth in this article and subsection (c) below. These permits cannot be issued until specific findings are made and approved by the floodplain administrator, as set forth in Section 26-24 (c).

(b) Application. To obtain a development permit in said zones, the applicant shall first file an application therefore in writing on a county form furnished for that purpose by the department of Development Services and approved by the director of Development Services. Every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3) Indicate the use or occupancy for which the proposed work is intended;

(4) Be accompanied by plans and specifications for the proposed development drawn to scale, and showing the dimensions and elevation of the site on which the proposed work is to be done, existing and/or proposed structures, fill, storage of materials and drainage facilities;

(5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;

(6) Be accompanied by:

a. The proposed National Geodetic Vertical Datum ("NGVD") elevation of the lowest floor of all structures or, in the case of any nonresidential structure which will be floodproofed, the proposed NGVD elevation to which it will be floodproofed; or

b. In AO zones, the minimum vertical distance above the highest adjacent grade for the lowest floor;

(7) Be accompanied by all appropriate certifications required for lowest floor elevations for all structures, floodproofing of nonresidential structures, wet floodproofing and floodway encroachments;

(8) Give such other information as reasonably may be required by the county.

(c) Application. To obtain a development permit in a two hundred-year floodplain, the applicant shall first file an application therefore in writing on a county form furnished for that purpose by the Department of Development Services and approved by the Director of Development Services. Every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3) Indicate the use or occupancy for which the proposed work is intended;

(4) Be accompanied by plans and specifications for the proposed development drawn to scale, and showing the dimensions and elevation of the site on which the proposed work is to be done, existing and/or proposed structures, fill, storage of materials and drainage facilities;

(5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;

(6) Be accompanied by:

a. The proposed National Geodetic Vertical Datum ("NGVD") elevation of the lowest floor of all structures or, in the case of any nonresidential structure which will be flood proofed, the proposed NGVD elevation to which it will be flood proofed; or

b. The minimum vertical distance above the highest adjacent grade for the lowest floor; and;

c. Documentation of a study indicating whether the flood depths that would occur in a two hundred-year flood event would be equal to or greater than three (3) feet in depth compared to the proposed NGVD elevation, if flood-depth information is not available from the County for the project location. Any study provided must be consistent with Department of Water Resources modeling assumptions.

(7) Give such other information as reasonably may be required by the county.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2588, § 1, 4-7-87; Ord. No. 2775, § 2, 9-12-89; Ord. No. 3001, § 10, 5-5-92; Ord. No. 3270, § 3, 6-25-96; Ord. No. 3598, § 1, 4-11-00)

(Ord. No. 4041, § 1, 3-27-12; Ord. No. 4121, § 7, 11-8-16)

An application for a permit pursuant to this Article, except a building permit as defined in the California Building Code or a sewage or well permit issued by the Environmental Health Division of the Public Health Department, shall be subject to review pursuant to the California Environmental Quality Act.

(Ord. 3849, § 2, 4-22-03; Ord. No. 3909, § 2, 4-26-05)

(a) The Department of Development Services and Department of Public Works shall review all development permit applications to determine that:

(1) The site of the proposed development is reasonably safe from flooding;

(2) All necessary permits have been received as required by federal or state law;

(3) 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 designed. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation on neighboring properties. The county will not allow development to increase the water surface elevation of the base flood more than one (1) foot at any point, nor will it allow any increase in the base flood elevation which adversely affects any neighboring property.

(b) The Environmental Health Division of Public Health shall review the proposed location of sewage disposal systems to determine if they are within one hundred (100) feet of the ten (10) year flood plain.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 3001, § 10, 5-5-92; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3909, § 2, 4-26-05)

(a) The county, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in section 26-29 of this article), and when reviewing the work being performed, will:

(1) Obtain, review, and reasonably utilize, if available, any regulatory flood elevation and floodway data from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study;

(2) Require the use of construction materials and utility equipment that are resistant to flood damage;

(3) Require the use of construction methods and practices that will minimize flood damage;

(4) Require buildings, manufactured homes and pre-fabricated buildings to be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding;

(5) Assure electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(6) Assure encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited in any floodway unless approval is provided by the Central Valley Flood Protection Board and written documentation by a registered professional engineer demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. Such written documentation shall be provided to the floodplain administrator or designee;

(7) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that 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. Openings in foundation walls shall comply with the requirements set forth in current FEMA Technical Bulletins and shall be certified by a registered professional engineer or architect. Such certification shall be provided to the Director of Development Services or designee; and

(8) Require the completion and submittal of an Elevation Certificate, FEMA Form 81-31 or a more current comparable FEMA approved form, at three (3) stages in the process, as set forth in the Building Elevation Information (Survey Required) section of the form: a Construction Drawings Certificate to be submitted prior to the issuance of the building permit; a Building Under Construction Certificate to be submitted prior to the approval of framing inspections; and a Finished Construction Certificate to be submitted prior to the final inspection of the building permit. Such certification shall be provided to the Director of Development Services or designee. The following exception to this requirement applies to manufactured homes and pre-fabricated buildings: the Building Under Construction Certificate shall not be required.

(b) The county, in addition to the requirements in subsection (a) of this section, will:

(1) Require, within areas designated as Zones AE and AH on the official map, that the following standards are met:

a. The lowest floor elevation of new residential structures and substantial improvements to residential structures shall be elevated a minimum of one (1) foot or more above the BFE.

b. The lowest floor elevation of new or substantially improved nonresidential structures shall either meet section 26-24(b)(1)(a); or, such nonresidential structures, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed so that below the BFE 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 professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. Such certification shall be provided to the Director of Development Services or designee;

(2) Require within any area designated as Zone AO on the official map, that the following standards are met:

a. The lowest floor elevation of new and substantially improved residential structures shall be elevated above the highest adjacent grade at least one (1) foot higher than the depth number specified in feet on the official map (at least three (3) feet if no depth number is specified).

b. The lowest floor elevation of new or substantially improved nonresidential structures shall either meet section 26-24(b)(2)(a) or such nonresidential structures, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed below the elevation as specified under section 26-24(b)(2)(a) 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 professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. Such certification shall be provided to the Director of Development Services or designee;

(3) In an A Zone, without BFE's specified on the FIRM (unnumbered A Zone), all structures, residential and nonresidential, shall be elevated at least one (1) foot above the BFE as determined by methods comparable to those in a Flood Insurance Study or by using the detailed methods as described in the most current edition of FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" or any successor FEMA document.

(4) Assure that in regard to manufactured homes that the following standards are met:

a. Areas designated Zone AO:

1. All manufactured homes that are placed or substantially improved shall be elevated on a permanent foundation system such that the lowest floor is elevated above the highest adjacent grade at least one (1) foot or more than the depth number specified in feet on the official map (at least three (3) feet if no depth number is specified),

2. All manufactured homes that are placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement, and installed in accordance with the requirements set forth in the current FEMA Publication entitled "Manufactured Home Installation in Flood Hazard Areas."

b. Areas designated Zones A, AE and AH:

1. Require that all manufactured homes to be placed or substantially improved be elevated on a permanent foundation system such that the lowest floor of the manufactured home is elevated one (1) foot or more above the regulatory flood elevation, and shall meet the provisions of subsection (b)(3)(a)(2) of this section;

(5) Require, within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(c) In addition to the requirements in subsection (a) and subsection (b) above, the County will:

(1) Require, in urban or urbanizing areas within the areas identified by the Official two hundred-year floodplain maps determined to have a potential flood depth of three (3) feet or greater, that a finding be made. The four (4) potential findings are:

a. The project has an Urban Level of Flood Protection from flood management facilities that is not reflected in the most recent map of the two hundred-year floodplain;

b. Conditions imposed on the project will provide for an Urban Level of Flood Protection;

c. Adequate progress has been made toward construction of a flood protection system to provide an Urban Level of Flood Protection for the project, as indicated by the Central Valley Flood Protection Board for state projects, or by the floodplain administrator for local projects; or

d. The project is a site improvement that would not result in the development of a habitable or non-habitable structure and would not increase risk of damage to neighboring development or alter the conveyance area of a watercourse in the case of a flood.

Findings shall be based on substantial evidence. Substantial evidence necessary to determine findings shall be consistent with criteria developed by the Department of Water Resources. These criteria are detailed in the report Urban Level of Flood Protection Criteria published in November 2013, but may be updated in the future. County staff should refer to the department's website for the latest information/criteria.

(d) The Director of Development Services or designee shall, upon completion of building construction, certify to the floodplain administrator, compliance with the provisions of this section.

(e) The floodplain administrator shall complete a biennial report and submit it to the Federal Emergency Management Agency.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2588, § 2, 4-7-87; Ord. No. 2775, § 3, 9-12-89; Ord. No. 3001, § 10, 5-5-92; Ord. No. 3270, § 4, 6-25-96; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3909, § 2, 4-26-05)

(Ord. No. 4033, § 2, 9-13-11; Ord. No. 4041, § 2, 3-27-12; Ord. No. 4121, § 8, 11-8-16)

All applications for the division of land filed in Zones A, AE, AH and AO on the official map shall be reviewed by the Department of Public Works to assure that:

(A) All such proposed developments are consistent with the need to minimize flood damage.

(B) Subdivision and parcel maps shall, as a condition of approval, establish regulatory flood elevations and note same on the map prior to recordation of the map.

(C) Adequate drainage is provided so as to reduce exposure to flood hazards.

(D) All public utilities and facilities are located so as to minimize or eliminate flood damage.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2775, § 4, 9-12-89; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3909, § 2, 4-26-05)

(Ord. No. 4033, § 3, 9-13-11; Ord. No. 4041, § 3, 3-27-12)

New and replacement water and sewage disposal systems, to be installed under permit(s) issued by the Environmental Health Division of the Public Health Department, shall be constructed to eliminate or minimize infiltration of floodwaters into systems, and discharge from systems and will be designed and located to avoid impairment to them or contamination from them during flooding. New or replacement conventional sewage disposal systems, except for tight lines, are not allowed within a ten (10) year floodplain. When feasible sewage disposal systems should be located a minimum of one hundred (100) feet from the ten (10) year flood plain. Mitigation measures, such as an engineered designed system, may allow placement of a sewage disposal system within a ten (10) year floodplain, subject to approval by Environmental Health Division.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2401, § 1, 4-24-84; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3909, § 2, 4-26-05)

The county will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 3598, § 1, 4-11-00)

Prior to issuance of any permit pursuant to this Article, except a building, notice shall be given as follows:

(a) Notice shall be mailed by first class mail to the board of supervisors, the applicant, and all landowners owning real property within two thousand (2,000) feet of the boundaries of the property on which the development is proposed, not less than thirty (30) days prior to the proposed issuance date.

(b) Notice shall be published in a newspaper of general circulation in the County of Butte pursuant to Government Code section 6062a.

(Ord. No. 3849 § 3, 4-22-03; Ord. No. 3909, § 2, 4-26-05)

(a) Protests to the issuance of a permit, except a building permit, may be submitted in writing to the clerk by any interested party or by any member of the board of supervisors. Each protest from an interested party, other than a member of the board of supervisors, must include:

(1) The name, address, and telephone number of the person protesting;

(2) A clear statement of the grounds for the protest, based solely on flood control or environmental concerns; and

(3) An explanation of how the person protesting will be adversely affected by the proposed project.

(b) Upon receipt of a protest the clerk shall notify the department of development services, which shall then refrain from issuing the permit.

(c) Within ten (10) days of receipt of a protest, the clerk shall set a hearing on the matter, shall mail notice thereof to the applicant and the person protesting, and shall publish notice pursuant to Government Code section 6062.

(Ord. No. 3849, § 4, 4-22-03)

This article shall take precedence over conflicting ordinances or parts of ordinances. The Butte County Board of Supervisors may, from time to time, amend this article to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this article are in compliance with the National Insurance Program Regulation as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 3598, § 1, 4-11-00)

Terms or words as used in this chapter shall have the meaning as defined in 44 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Insurance and Hazard Mitigation, National Flood Insurance Program, Part 59—General Provisions, Subpart A—General unless specifically defined below. Words or phrases used in this article not defined in 44 CFR or below shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this article its most reasonable applications:

(1) Areas of Shallow Flooding: The land within the County designated AO and AH on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) foot to three (3) 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.

(2) Base flood: A flood which has a one (1) 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 article.

(3) Base flood elevation (BFE): The elevation shown on the Flood Insurance Rate Map for Zones AE and AH that indicates the water surface elevation resulting from a flood that has a one (1) percent or greater chance of being equaled or exceeded in any given year.

(4) Basement: Any area of the building having its floor subgrade—i.e., below ground level—on all sides.

(5) Development: Any manmade change to improved or unimproved real estate, including but not limited to the placement, construction, reconstruction, removal or abandonment of any building or other structure or encroachment, or agricultural practice, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials, except agricultural practices which can be demonstrated not to increase flood levels upstream or downstream.

(6) Encroachment: Any obstruction or physical intrusion, including, but not limited to those caused by a building or other structure, or by the planting, abandonment or removal of vegetation or development into a floodplain which may impede or alter the flow capacity of a floodplain (except planting or removal of vegetation for agricultural purposes and which can be demonstrated not to increase flood levels upstream or downstream).

(7) Flood: A temporary rise in a stream's flow or state that results in water overflowing its banks and inundating areas adjacent to the channel, or an unusual and rapid accumulation of runoff or surface waters from any source.

(8) Flood insurance rate map (FIRM): 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.

(9) Flood insurance study: 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.

(10) Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

(11) Floodway: 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 (1) foot.

(12) Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(13) Historic structure: 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.

(14) Lowest adjacent grade: The lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(15) Lowest floor: 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 any 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 non elevated design requirements of this article.

(16) Manufactured home: For the purposes of this article, a structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and does not include a recreational vehicle, or travel trailer.

(17) Manufactured home park (subdivision): "Manufactured home subdivision" means a parcel (or contiguous parcels) of land which has been divided into two (2) or more lots for rent or sale and the placement of manufactured homes.

(18) New construction: For the purposes of this article, means structures for which the "start of construction" commenced on or after the effective date of flood plain management regulations adopted by this county, and includes any subsequent improvements to such structures.

(19) Recreational vehicle: A vehicle which is:

a. Built on a single chassis;

b. Four hundred (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

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

(20) Special flood hazard area (SFHA): An area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AE, or AH.

(21) Start of construction: Means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one (1) year 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 manufactured home or prefabricated building 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.

(22) Structure: A walled and roofed structure, including a gas or liquid storage tank that is principally above the ground, including but without limitation to buildings, factories, sheds, cabins, and manufactured homes.

(23) Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

(24) Substantial improvement: Means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. The substantial improvement cost is cumulative and includes all improvements that are not listed below as being excepted and that have occurred within the proceeding five (5) years. 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."

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

(26) 100-year flood: The condition of flooding having a one (1) percent chance of annual occurrence.

(Ord. No. 2343, § 1, 3-18-83; Ord. No. 2588, § 3, 4-7-87; Ord. No. 2775, § 5, 9-12-89; Ord. No. 3270, § 5, 6-25-96; Ord. No. 3598, § 1, 4-11-00; Ord. No. 3849, §§ 5—6, 4-22-03)

(Ord. No. 4033, § 4, 9-13-11; Ord. No. 4041, § 4, 3-27-12)

(1) The Department of Development Services will maintain a record of elevation information required by Section 26-22(b)(6).

(2) The Department of Development Services will notify, in riverine situations, adjacent communities and the California Department of Water Resources (DWR) prior to any alteration or relocation of a watercourse, and will submit copies of such notification to the Federal Insurance Administration. Upon receipt of a complete application and after project completion, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA so insurance and floodplain management can be based on current data.

(3) The Department of Development Services will assure that the flood-carrying capacity within any altered or relocated portion of any watercourse is maintained.

(Ord. No. 2670, § 3, 3-22-88; Ord. No. 3001, § 10, 5-5-92; Ord. No. 3598, § 1, 4-11-00)

(Ord. No. 4033, § 5, 9-13-11)

All recreational vehicles placed in areas of special flood hazard will either:

(1) Be on the site for fewer than one hundred eighty (180) consecutive days; or

(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.

(Ord. No. 4033, § 6, 9-13-11)

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 and the following section of the article 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 article 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 Butte County Board of Supervisors 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 article shall rarely be granted. 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 article are more detailed than normal floodplain requirements 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.

(Ord. No. 4033, § 7, 9-13-11)

Applications for a variance to the flood plain requirements shall be heard and decided as follows: for a lot of one-half acre or less by the Zoning Administrator, or if there is no Zoning Administrator, by the Planning Manager; and for a lot of greater than one-half acre by the Planning Commission. For historic structures, an application for a variance shall be heard and decided by the Zoning Administrator, or if there is no Zoning Administrator, by the Planning Manager regardless of the size of the lot on which it is located.

(a) 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 this article have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(b) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 26-29 of this code) 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.

(d) 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 article. For example, in the case of variances to an elevation requirement, this means the County of Butte 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 County of Butte believes will both provide relief and preserve the integrity of this article.

(e) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(f) The County shall notify the applicant in writing over the signature of the Director of Development Services or designee that (i) 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 ($25.00) for one hundred dollars ($100.00) of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (h) of this section.

(g) The Director of Development Services or designee shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) provide such information on variances to the floodplain administrator. The floodplain administrator shall report on variances in its biennial report submitted to the FEMA.

(h) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of paragraphs (c) through (f) of this section are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(i) Variances may be appealed, upon paying the required appeal fee as set forth in the Butte County Master Fee Schedule, in the following manner: from the Zoning Administrator/Planning Manager to the Planning Commission; and from the Planning Commission to the Board of Supervisors.

(Ord. No. 4033, § 8, 9-13-11; Ord. No. 4041, § 5, 3-27-12)

The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Butte County, any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(Ord. No. 4033, § 9, 9-13-11)