Earlier editions: 2026-09
Title 15 — BUILDINGS AND CONSTRUCTION
Calexico Municipal Code Ch. 15.54 Flood Damage Prevention
Calexico Municipal Code · 2026-10 edition · updated 2026-10-04 · Calexico
Cite as: Calexico Municipal Code Chapter 15.54 · Text as of 2026-10-04
15.54.010 - Statutory authorization.¶
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 of Calexico does ordain as follows in this chapter.
(Ord. 892A § 1.1, 1988)
15.54.020 - Findings of fact.¶
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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 892A § 1.2, 1988)
15.54.030 - Purpose.¶
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood-control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. 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;
F. 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.
(Ord. 892A § 1.3, 1988)
15.54.040 - Definitions.¶
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"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, AH or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
"Area of special flood-related erosion hazard" is the area subject to several flood-related erosion losses. The area is designated as zone E of the Flood Insurance Rate Map (FIRM).
"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").
"Basement" means any area of the building having its flood subgrade (below ground level) on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designated to break away under abnormally high tide or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
"Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1-V30, VE or V.
"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.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"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 lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design of this chapter.
"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 connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured homes 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 a community'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 regulation adopted by this community.
"One-hundred-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.
"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance codified in this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AD, A1-30, AE, A99, AH, VO, V1-V30, VE or V.
"Start of construction" includes substantial improvement, and means the day the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty 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.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited to this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
(Ord. 892A § 2.0, 1988)
15.54.050 - 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 city.
(Ord. 842A § 3.1, 1988)
15.54.060 - Basis for establishing the areas of special flood hazard.¶
The areas of special flood hazard, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study" for the city dated January 20, 1982, with an accompanying Flood Insurance Rate Map is adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at City Hall. This Flood Insurance Study is the minimum area for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator.
(Ord. 892A § 3.2, 1988)
15.54.070 - Compliance.¶
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 892A § 3.3, 1988)
15.54.080 - Abrogation and greater restrictions.¶
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 892A § 3.4, 1988)
15.54.090 - Interpretation.¶
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 892A § 3.5, 1988)
15.54.100 - Warning and disclaimer of liability.¶
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, area of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas liability on the part of 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.
(Ord. 892A § 3.6, 1988)
15.54.110 - Administration—Establishment of development permit.¶
A 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) established in Section 15.54.060. Application for a 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 material, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AD or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
C. All appropriate certifications listed in Section 15.54.130D of this chapter; and
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 892A § 4.1, 1988)
15.54.120 - Designation of the floodplain administrator.¶
The community staff position is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
(Ord. 892A § 4.2, 1988)
15.54.130 - Duties and responsibilities of the floodplain administrator.¶
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit Review.
Review all development permits to determine that the permit requirements of this chapter have been satisfied;
All other required state and federal permits have been obtained;
The site is reasonably safe from flooding;
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 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.
B. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with Section 15.54.060, 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 Sections 15.54.140 through 15.54.210. Any such information shall be submitted to the city council for adoption.
C. Whenever a watercourse is to be altered or relocated:
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;
Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
D. Obtain and maintain for public inspection and make available as needed:
The certification required in Section 15.54.140 C1 (floor elevations);
The certification required in Section 15.54.140 C2 (elevations in areas of shallow flooding);
The certification required in Section 15.54.140 C3c (elevation of floodproofing of nonresidential structures);
The certification required in Section 15.54.140 C4a or 15.54.140C4b (wet floodproofing standard);
The certification required in Section 15.54.160B (subdivisions standard);
The certification required in Section 15.54.180A (floodway encroachments);
The information required in Section 15.54.290F (coastal construction standards); and
The reports required in Section 15.54.200 (mudflow standards).
E. 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) (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 Sections 15.54.220 through 15.54.230.
F. Take action to remedy violations of this chapter as specified in Section 15.54.070.
(Ord. 892A § 4.3, 1988)
15.54.140 - Flood hazard reduction—Standards of construction.¶
In all areas of special flood hazards the following standards are required:
A. Anchoring.
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.
All manufactured homes shall meet the anchoring standards of Section 15.54.170.
B. Construction Materials and Methods.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
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.
Require within zones AH or VO, adequate drainage paths around structure on slopes to guide floodwaters around and away from proposed structures.
C. Elevation and Floodproofing.
New construction and substantial improvement of any structure, shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subdivision 3 of this subsection. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
New construction and substantial improvement of any structure in zone AO or VO shall have the lowest floor, including basement elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subdivision 3 of this subsection. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
Nonresidential construction shall either be elevated in conformance with subdivision 1 or 2 of this subsection or together with attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. 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.
- 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. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of 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 screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
- Manufactured homes shall also meet the standards in Section 15.54.170.
(Ord. 892A § 5.1, 1988)
15.54.150 - Flood hazard reduction—Standards for utilities.¶
A. 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 floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. 892A § 5.2, 1988)
15.54.160 - Flood hazard reduction—Standards for subdivisions.¶
A. All preliminary subdivision proposal shall identify the flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located are constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 892A § 5.3, 1988)
15.54.170 - Flood hazard reduction—Standards for manufactured homes.¶
All new and replacement manufactured homes and additions to manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the base flood elevation; and
B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
(Ord. 892A § 5.4, 1988)
15.54.180 - Flood hazard reduction—Floodways.¶
Located within areas of special flood hazard established in Section 15.54.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification to a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 15.54.140 through 15.54.210.
(Ord. 892A § 5.5, 1988)
15.54.190 - Flood hazard reduction—Coastal high hazard areas.¶
Within coastal high hazard areas established in Section 15.54.060, the following standards shall apply:
A. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.
B. All new construction shall be located on the landward side of the reach of mean high tide.
C. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
D. Fill shall not be used for structural support of buildings.
E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
F. The floodplain administrator shall obtain and maintain the following records:
Certification by a registered engineer or architect that a proposed structure complies with subsection A of this section.
The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 892A § 5.6, 1988)
15.54.200 - Flood hazard reduction—Mudslide (i.e., mudflow) prone areas.¶
A. The floodplain administrator shall review permits for proposed construction or other development to determine if it is proposed with a mudslide area.
B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:
The type and quality of soils;
Evidence of groundwater or surface water problems;
The depth and quality of any fill;
The overall slope of the site; and
The weight that any proposed development will impose on the slope.
C. Within areas which have mudslide hazards, the following requirements apply:
A site investigation and further review shall be made by persons qualified in geology and soils engineering;
The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;
The proposed grading, excavations, new constructions and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
Drainage, planting, watering and maintenance shall not endanger slope stability.
D. Within zone M on the Flood Insurance Rate Map, the community shall adopt a drainage ordinance which at least complies with the standards of Sections 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1973 Uniform Building Code:
The location of foundation and utility systems of new construction and substantial improvements;
The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;
Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc; and
Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports.
(Ord. 892A § 5.7, 1988)
15.54.210 - Flood hazard reduction—Flood-related erosion-prone areas.¶
A. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.
B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
D. Within zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer should be designated according to the flood-related erosion hazard rate, in relation to the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.
(Ord. 892A § 5.8, 1988)
15.54.220 - Variance procedure—Appeal board.¶
A. The city council of city shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 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.
C. 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:
The danger that materials may be swept onto other lands to the injury of others;
The danger of life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, when applicable;
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
The safety of access to the property in time of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as gas, sewer, electrical and waste systems, and streets and bridges.
D. Generally, variances 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 1 through 11 of subsection C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
E. Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 892A § 6.1, 1988)
15.54.230 - Conditions for variances.¶
A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
B. Variances shall not be issued within any designated floodway if any increases in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will 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.
E. 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 the provisions of subsections A through D 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 create no additional threats to public safety.
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board 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.
(Ord. 892A § 6.2, 1988)
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