Chico Municipal Code Ch. 16.37 Floodplain Regulations - Standards

Except as otherwise provided in this chapter, no person shall cause or permit any development on property within a special flood hazard area of the city which fails to comply with or which violates the floodplain standards adopted by or pursuant to this chapter.

(Ord. 2131 §7)

The floodplain standards now or hereafter adopted in Chapter 16R.37 of this code shall constitute the floodplain standards of the city.

(Ord. 2131 §7)

The following development shall be exempt from compliance with the floodplain standards adopted by or pursuant to this chapter notwithstanding the fact that such development occurs within a special flood hazard area of the city:

A. Any improvement of an existing structure to correct existing violations of any state or local health, sanitary or safety code specifications which have been identified by the city code enforcement officer and which are the minimum necessary to assure safe living conditions; and

B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(Ord. 2131 §7, Ord. 2370 §15)

Any person proposing to develop property within a special flood hazard area of the city who seeks a variance from the floodplain standards adopted by or pursuant to this chapter shall file an application for such variance in the offices of the building official. Such application shall be in the form and contain all of the information required by the building official, and shall be accompanied by an application fee in an amount established by resolution of the city council.

(Ord. 2131 §7, Ord. 2370 §16)

A. Where an application has been filed for a variance from the floodplain standards adopted by or pursuant to this title, the building official shall approve the application and grant the variance if and only if the building official finds that:

1. The property which is the subject of the variance application has physical characteristics so unusual that complying with such standards would create an exceptional hardship, either to the owner of such property or to the owners of surrounding property;

2. Such physical characteristics are unique to such property and pertain to the land itself, not to the owner of the property, the inhabitants of the property, or any building, structure or other development located on the property;

3. The variance from the floodplain standards is the minimum necessary to afford relief in light of the flood hazards threatening the property; and

4. The variance is otherwise consistent with the purposes of the floodplain regulations and floodplain standards adopted by or pursuant to this chapter.

B. In determining whether a variance for development proposed on property within a special flood hazard area is consistent with the purposes of the floodplain regulations and floodplain standards adopted by or pursuant to this chapter, the building official shall consider all of the following technical factors:

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

2. The danger of life and property due to flooding or erosion damage;

3. The susceptibility of the proposed development, or the contents of any building or structure constructed or installed as part of such development to flood damage;

4. The importance of any services to be provided to the community as a result of the proposed development;

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

6. The compatibility of the proposed development with existing and other anticipated development;

7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

8. The safety of access to the proposed development in time of flood for ordinary and emergency vehicles;

9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site of the proposed development; and

10. The cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, water, gas and electric systems, streets and bridges.

(Ord. 2131 §7, Ord. 2616 § 11)

A. Generally, variances may be granted by the building official for buildings, structures or other development to be constructed, installed or placed on a lot or parcel which is one-half acre or less in size and which is surrounded by other lots or parcels with existing buildings or structures constructed below the base flood level. As the size of the lot or parcel increases beyond one-half acre, the technical justification required to grant a variance, as set forth in subpart B of Section 16.37.050 of this chapter, shall similarly increase.

B. A variance shall not be granted by the building official for buildings, structures or other development within a floodway if it would result in any increase in flood levels during a base flood.

(Ord. 2131 §7)

If, when considering an application for a variance from the floodplain standards adopted by or pursuant to this chapter, the building official determines that all of the findings could be made that are required to approve the application and grant the variance provided certain conditions acceptable to the applicant were placed on approval of such variance, the building official shall approve the application and grant the variance subject to such conditions of approval.

(Ord. 2131 §7, Ord. 2268)

A. Where, after considering an application for a variance from the floodplain regulations adopted by or pursuant to this title, the building official determines to approve the application and grant the variance, the building official shall cause a notice of such determination to be served on the applicant and to be included in any file maintained by the building official for the property which is the subject of such application. In such notice, the building official shall set forth the following:

1. A statement of the factual basis for all of the findings required by this chapter to approve such variance;

2. A statement of all conditions of approval, if any;

3. A statement that the variance will result in increased premium rates for flood insurance; and

4. A statement that development below the base flood level increases risk to life and property.

B. Where, after considering an application for a variance from the floodplain standards adopted by or pursuant to this title, the building official determines to deny the application, the building official shall cause a notice of such determination to be served on the applicant. In such notice, the building official shall set forth a statement of the particular findings relied on by the building official in denying such application, as well as the factual basis for such findings, and a statement of the right of the applicant to seek administrative review and appeal the determination in the manner hereinbefore provided in the floodplain regulations adopted by this title.

(Ord. 2131 §7, Ord. 2370 §17)

Where the building official has reasonable cause to believe that work is being performed on a building, structure or other development within a special flood hazard area of the city in violation of the floodplain standards adopted by or pursuant to this chapter, the building official is authorized to make any inspections of such work necessary to ascertain whether such violation has, in fact, occurred.

(Ord. 2131 §7)

Where the floodplain standards adopted by or pursuant to this title require a licensed architect, licensed land surveyor, or registered civil engineer to inspect development occurring within a special flood hazard area in order to verify that such development complies with the elevation requirements in the floodplain standards adopted by or pursuant to this title, a certificate evidencing such compliance executed by such architect or engineer shall be filed with the building official before the issuance of building permit for such development can be issued. If such development includes the construction or installation of a building or structure, or work on any other development requiring a basic building permit or a building service equipment permit issued in the manner required by the building regulations adopted by this title, the building official shall not issue a certificate of occupancy for such building, structure or other development unless a certificate evidencing compliance with such elevation requirements has been filed and approved by the building official.

(Ord. 2131 §7, Ord. 2616 § 12)

Where there is a conflict between the floodplain standards adopted by or pursuant to this chapter and the standards in any applicable federal or state law, that standard which provides the most protection for life and property and the environment, as determined by the building official, shall govern; provided that, where there is a conflict between the floodplain standards adopted by this chapter and the standards in any applicable federal or state law or regulation and such federal or state law or regulation expressly preempts local standards which apply to or govern the same subject matter, the standards in the federal or state law or regulation shall govern to the exclusion of the standards adopted by this chapter.

(Ord. 2131 §7)