Article II — FLOOD DAMAGE PREVENTION

(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 flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(c)

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the 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 Fontana does hereby adopt the following floodplain management regulations.

(Code 1968, § 8-46; Ord. No. 1078, § 2(8-46), 5-25-93; Ord. No. 1700, § 2, 8-12-14)

It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood condition in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

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

(6)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(7)

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)

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

(Code 1968, § 8-47; Ord. No. 1078, § 2(8-47), 5-25-93)

In order to accomplish its purposes, this article includes methods and provisions to:

(1)

Restrict or prohibit 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)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

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

(4)

Control filling, grading, dredging, and other development which may increase flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Code 1968, § 8-48; Ord. No. 1078, § 2(8-48), 5-25-93)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article 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.

Act means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 USC 4001—4128.

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

Appeals means a request for a review of the floodplain administrator's interpretation of any provision of this article.

Area of shallow flooding means a designated AO, VO or AH zone on the city's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. See special flood hazard area.

Area of special flood-related erosion hazard means the land within the city which is most likely to be subject to severe flood-related erosion losses. The area may be designated as zone E on the flood insurance rate map (FIRM).

Area of special mudslide (i.e., mudflow) hazard means the area subject to severe mudslides i.e., mudflows. The area is designated as zone M on the flood insurance rate map (FIRM).

Base flood means a flood which has a one percent chance of being equalled or exceeded in any given year, also called the 100-year flood.

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

Breakaway wall means any type of wall, 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 designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which it is used or any buildings to which it might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and not more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2)

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.

Building. See Structure.

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an 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.

Community means the City of Fontana.

Development means any manmade 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.

Elevated building means a nonbasement building built, in the case of a building in zones A1—30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1—30, AE, A, A99, AO, AH, B, C, X, or D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

Eligible community or participating community means a community for which the federal insurance administrator has authorized the sale of flood insurance under the National Flood Insurance Program.

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 a floodplain.

Erosion means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.

Exception means a waiver from the provisions of Part 60 of 44 CFR Ch. I (10-01-88 Edition) directed to a community which relieves it from the requirements of a rule, regulation, order or other determination made or issued pursuant to the act.

Existing construction means, for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

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 the city.

Existing structures. See Existing construction.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Federal agency means any department, agency, corporation, or other entity or instrumentality of the executive branch of the federal government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration.

Financial assistance means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other assistance, other than general or special revenue sharing or formula grants made to states.

Flood or flooding means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

c.

Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in subsection (1)b of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of waters and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of waters exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe

storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a of this definition.

Flood boundary and floodway map or FBFM 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 elevation determination means a determination by the federal insurance administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard boundary map or FHBM means an official map of a community, issued by the federal insurance administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as zones A, M, and/or E.

Flood insurance means the insurance coverage provided under the program.

Flood insurance rate map or FIRM means an 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 community.

Flood insurance study. See Flood elevation study.

Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

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

Floodplain administrator means the building and safety manager of the city.

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, floodplain management regulations, and open space plans.

Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, such as grading and erosion control, and other applications of police power which control development in floodprone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

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

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area or flood-related erosion-prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

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 and local floodplain maps.

Floodway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Fraud and victimization means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property unaware that it is subject to potential flood damage, and can be insured only at the very high flood insurance rates.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrologic effect or urbanization of the watershed.

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

Governing body means the city council of the city.

Hardship means the exceptional hardship that would result from a failure to grant a requested variance. The city requires that the variance be granted only for reasons which are exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional, unusual or peculiar to the property involved. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional 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 other 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:

(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, on condition that the state historic preservation programs have been approved by the Secretary of Interior; or

(4)

Individually listed on the city's approved list of historic places, on condition that the city has historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior, on condition that the state has approved programs.

Independent scientific body means a nonfederal technical or scientific organization involved in the study of land use planning, floodplain management, hydrology, geology, geography, or any other related field of study concerned with flooding.

Insurance adjustment organization means any organization or person in the business of adjusting loss claims arising under the standard flood insurance policy.

Insurance company or insurer means any person or organization authorized to engage in the insurance business under the laws of the state.

Levee means a manmade structure, usually 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, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area, including basement.

(1)

An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

the wet floodproofing standards in section 12-39(3).

b.

the anchoring standards in section 12-39(1).

c.

the construction materials and methods standards in section 12-39(2).

d.

the standards for utilities in section 12-39(3).

(2)

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.

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. 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 180 consecutive days.

Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Map means the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for the community issued by the agency.

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 the base flood elevations shown on the community's flood insurance rate map are referenced.

Mudslide (i.e., mudflow) means and describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) area management means the operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited to, emergency preparedness plans, mudslide control works, and floodplain management regulations.

Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

New construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structures.

New 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 on or after the effective date of floodplain management regulations adopted by the community.

Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, 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, 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. See Base flood.

Policy means the standard flood insurance policy.

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overturning from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

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

Program means the National Flood Insurance Program authorized by 42 USC 4001—4128.

Program deficiency means a defect in the community's floodplain management regulation or administrative procedures that impairs effective implementation of those floodplain management regulations or the standards of this article.

Project cost means the total financial cost of a flood protection system, including design, land acquisition, construction, fees, overhead, and profits, unless the federal insurance administrator determines a given cost not to be a part of such project cost.

Public safety and nuisance 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 obstruct 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:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

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

Regular program means the program authorized by the act under which risk premium rates are required for the first half of available coverage, also known as first layer coverage, for all new construction and substantial improvements started on or after the effective date of the FIRM, or after December 31, 1974, for FIRMs effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage, and such coverage is offered only after the federal insurance administrator has completed a risk study for the community.

Regulatory 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.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulation, 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 or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Risk premium rates means those rates established by the federal insurance administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with section 1307 of the act and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.

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.

Scientifically incorrect means the methodologies and/or assumptions which have been utilized are inappropriate for the physical processes being evaluated or are otherwise erroneous.

Sheet flow area. See Area of shallow flooding.

Special flood hazard area or SFHA means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99, AH, VO, E, M, V1—V30, VE, V, M or E. (See section 12-40.)

Standard flood insurance policy means the flood insurance policy issued by the federal insurance administrator, or an insurer pursuant to an arrangement with the federal insurance administrator pursuant to federal statutes and regulations.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, 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 foundation 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.

State coordinating agency means the agency of the state government, or other office designated by the governor of the state or by state statute at the request of the federal insurance administrator to assist in the implementation of the National Flood Insurance Program in the state.

Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. Structure, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally aboveground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

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

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent 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:

(1)

Any project for improvement of a structure to correct existing violations of 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 ensure safe living conditions; or

(2)

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

Technically incorrect means the methodologies utilized has been erroneously applied due to mathematical or measurement error, changed physical conditions, or insufficient quantity or quality of input data.

Variance means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

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 certification, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical 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 waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Code 1968, § 8-49; Ord. No. 1078, § 2(8-49), 5-25-93; Ord. No. 1300, § 1, 9-21-99)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article 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.

(Code 1968, § 8-50; Ord. No. 1078, § 2(8-50), 5-25-93)

The areas of special flood hazard, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated May 3, 1993, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated May 3, 1993, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be part of this article. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city by the floodplain administrator. The floodplain administrator shall maintain on file and available for public inspection and study FIRMs and FBFMs.

(Code 1968, § 8-51; Ord. No. 1078, § 2(8-51), 5-25-93)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violations.

(Code 1968, § 8-52; Ord. No. 1078, § 2(8-52), 5-25-93)

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another article, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Code 1968, § 8-53; Ord. No. 1078, § 2(8-53), 5-25-93)

In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the city and the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Code 1968, § 8-54; Ord. No. 1078, § 2(8-54), 5-25-93)

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 area of special flood hazards, area of flood-related erosion hazards or areas of mudslide (i.e., mudflow) 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 the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made pursuant to this article.

(Code 1968, § 8-55; Ord. No. 1078, § 2(8-55), 5-25-93)

A flood zone permit shall be obtained before construction of development begins within any area of special flood hazard established in section 12-31. Applications for a flood zone permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question and existing or proposed structures, fill, storage of materials, drainage facilities and their location. Specifically, the following information is required:

(1)

Proposed elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all structures; and in zone AO or VO, elevation of existing grade and proposed elevation of lowest habitable floor in all structures;

(2)

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

(3)

All appropriate certifications listed in section 12-39(c); and

(4)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Code 1968, § 8-57; Ord. No. 1078, § 2(8-57), 5-25-93)

The floodplain administrator is hereby appointed to administer and implement this article by granting or denying flood zone permit applications in accordance with its provisions.

(Code 1968, § 8-58; Ord. No. 1078, § 2(8-58), 5-25-93)

The duties and responsibilities of the floodplain administrator shall include, but are not limited to the following:

(1)

The floodplain administrator shall review all development permits to determine that:

a.

The permit requirements of this article 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 the floodway. 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 not increase the water surface elevation of the base flood more than one foot at any point.

(2)

When base flood elevation data has not been provided in accordance with section 12-31, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal or state agency, or other source as provided by the property owner, owner's representative or applicant, in order to administer this article. Any such information shall be submitted to the city for adoption by the governing body.

(3)

In alteration or relocation of a watercourse, the floodplain administrator shall:

a.

Notify adjacent communities and the state department of water resources prior to such alteration or relocation;

b.

Submit evidence of such notification to the Federal Insurance Administration; and

c.

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

(4)

The floodplain administrator shall obtain and maintain for public inspection and make available as needed the following:

a.

Certification by a registered professional engineer or surveyor certifying that all new and substantially improved structures in a SFHA have been properly elevated, and certifying the elevation, in relation to mean sea level, of the lowest floor, including basement, to which the structure has been elevated.

b.

Certification by a registered professional engineer or architect certifying that the design for all new or substantially improved nonresidential structures in an SFHA meets the minimum criteria of this article.

c.

Certification by a registered professional engineer or architect certifying that the design for wet floodproofing meets the minimum criteria of this article and the elevation, in relation to mean sea level, to which the structure has been floodproofed.

d.

Certification by a registered professional engineer or surveyor certifying the pad elevation, in relation to mean sea level, for any site that has been elevated above the base flood elevation by the placement of fill material and that such elevation meets the minimum criteria of this article.

Such certifications shall be provided to the floodplain administrator by the applicant/developer/property owner.

(5)

The floodplain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, area 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. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 12-44.

(6)

The floodplain administrator shall take action to remedy violations of this article as specified in section 12-32.

(Code 1968, § 8-59; Ord. No. 1078, § 2(8-59), 5-25-93)

In all areas of special flood hazards, the following standards are required:

(1)

Anchoring.

a.

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

b.

All manufactured homes shall meet the anchoring standards of section 12-42.

(2)

Construction materials and methods.

a.

All new construction and substantial improvement 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 are required around structures on slopes to guide floodwaters around and away from proposed structures.

(3)

Elevation and floodproofing. The federal insurance administrator will provide the data upon which floodplain management regulations shall be based. If the federal insurance administrator has not provided sufficient data to furnish a basis for these regulations in the community, the community shall obtain, review and reasonably utilize data available from other federal, state or other sources as provided by the property owner, owner's representative or applicant, pending receipt of data from the federal insurance administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the federal insurance administrator, they shall apply. The symbols defining such special flood hazard designations are set forth in section 12-40. In all cases the minimum requirements governing the adequacy of the floodplain management regulations for floodprone areas adopted by the community depend on the amount of technical data formally provided to the community by the federal insurance administrator. Minimum standards for the city are as follows:

a.

When the federal insurance administrator has not defined the special flood hazard areas within the community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway, but the community has indicated the presence of such hazards by submitting an application to participate in the program, the community shall:

Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within floodprone areas.

Review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and 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.

Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a floodprone area, any such proposals shall be reviewed to ensure that all such proposals are consistent with the need to minimize flood damage within the floodprone area; all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and adequate drainage is provided to reduce exposure to flood hazards.

Require within floodprone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems.

Require within floodprone areas new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems to be located to avoid impairment to them or contamination from them during flooding.

b.

When the federal insurance administrator has designated areas of special flood hazards (A zones) by the publication of the community's FIRM, but has not produced water surface elevation data or identified a floodway, the community shall:

Require permits for all proposed construction and other developments, including the placement of manufactured homes, within zone A on the community's FIRM.

Require the application of the standards in subsections (3)a.2, (3)a.3, (3)a.4, (3)a.5, and (3)a.6 of this section to development within zone A on the community's FIRM.

Require that all new subdivision proposals and other proposed developments, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.

Obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to subsection (3)b.3 of this section, as criteria for requiring that new construction, substantial improvements, or other development in zone A on the community's FIRM meet the standards in subsections (3)c.2, (3)c.3, (3)c.5, (3)c.6, (3)c.12, (3)c.14, (3)d.2 and (3)d.3 of this section.

Where base flood elevation data are utilized within zone A on the community's FIRM:

i.

Obtain the elevation, in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures;

ii.

Obtain, if the structure has been floodproofed in accordance with subsection (3)c.3.ii of this section, the elevation, in relation to mean sea level, to which the structure was floodproofed; and

iii.

Maintain a record of all such information with the official designated by the community under section 12-41.

Notify, in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the federal insurance administrator.

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

Require that all manufactured homes to be placed within zone A on the community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement.

Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

c.

When the federal insurance administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regulatory floodway, the community shall:

Require the standards of subsection (3)b of this section within all A1—30 zones, AE zones, A zones, AH zones, and AO zones, on the community's FIRM.

Require that all new construction and substantial improvements of residential structures within zones A1-30, AE and AH zones on the community's FIRM have the lowest floor, including basement, elevated to or above the base flood level.

Require that all new construction and substantial improvements of nonresidential structures within zones A1—30, AE and AH zones on the community's FIRM:

i.

Have the lowest floor, including basement, elevated to or above the base flood level; or

ii.

Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Provide that where a nonresidential structure is intended to be made watertight below the base flood level:

i.

A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of subsection (3)c.3.ii or (3)c.8.ii of this section; and

ii.

A record of such certificates which includes the specific elevation, in relation to mean sea level, to which such structures are floodproofed, shall be maintained with the official designated by the community under section 12-41.

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement 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: 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 bottoms 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 floodwaters.

Require that manufactured homes that are placed or substantially improved within zones A1—30, AH, and AE on the community's FIRM on sites:

i.

Outside of a manufactured home park or subdivision;

ii.

In a new manufactured home park or subdivision;

iii.

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

iv.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, 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.

Require that within an AO zone on the community's FIRM that all new construction and substantial improvements of residential structures 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 community's FIRM, at least two feet if no depth number is specified.

Require that within any AO zone on the community's FIRM that all new construction and substantial improvements of nonresidential structures:

i.

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 community's FIRM, at least two feet if no depth number is specified; or

ii.

Together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in subsection (3)c.ii of this section.

Require that within any A99 zones on the community's FIRM the standards of subsections (3)a.1 through (3)a.4.i and (3)b.5 through (3)b.8.

Require, until a regulatory floodway is designated, that no new construction, substantial improvements, or other development, including fill, shall be permitted within zones A1—30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water more than one foot at any point within the community.

Require within zones AH and AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Require 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 FIRM that are not subject to the provisions of subsection (3)c.6 of this section be elevated so that either:

i.

The lowest floor of the manufactured home is at or above the base flood elevation; or

ii.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

Notwithstanding any other provisions of subsection (3) of this section, a community may approve certain development in zones A1—30, AE, and AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision, fulfills the requirements for such a revision, as established under the provisions of section 12-42, and receives the approval of the federal insurance administrator.

Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either:

i.

Be on the site for fewer than 180 consecutive days;

ii.

Be fully licensed and ready for highway use; or

iii.

Meet the permit requirements of subsection (3)b.1 and elevation and anchoring requirements for manufactured homes in subsection (3)c.6 of this section.

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.

(4)

When the federal insurance administrator has provided a notice of final base flood elevations within zones A1—30 and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall:

a.

Meet the requirements of subsection (3)a through (3)n of this section.

b.

Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point.

c.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

d.

Notwithstanding any other provisions of subsection (3) of this section, the community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of section 12-42, and receives the approval of the federal insurance administrator.

(Code 1968, § 8-65; Ord. No. 1078, § 2(8-60), 5-25-93)

The following are a list of designations and descriptions of the flood hazard zones:

(1)

Zone A is an area of special flood hazard without water surface elevations determined.

(2)

Zones A1—30 and AE are areas of special flood hazard with water surface elevations determined.

(3)

Zone AO is an area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet.

(4)

Zone A99 is an area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes.

(5)

Zone AH is an area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.

(6)

Zone B, X is an area of moderate flood hazards.

(7)

Zone C, X is an area of minimal hazards.

(8)

Zone D is an area of undetermined but possible flood hazards.

(9)

Zone M is an area of special mudslide (i.e., mudflow) hazards.

(10)

Zone N is an area of moderate mudslide (i.e., mudflow) hazards.

(11)

Zone P is an area of undetermined, but possible, mudslide hazards.

(12)

Zone E is an area of special flood-related erosion hazards.

(Code 1968, § 8-61; Ord. No. 1078, § 2(8-61), 5-25-93)

The floodplain administrator shall maintain for public inspection and furnish, upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FIRM, any certificates of floodproofing, and information on the elevation, in relation to mean sea level, of the level of the lowest floor, including basement, of all new or substantially improved structures, and include whether or not such structures contain a basement and if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed.

(Code 1968, § 8-62; Ord. No. 1078, § 2(8-62), 5-25-93)

(a)

When the community proposes to permit encroachments upon the floodplain when a regulatory floodway has not been adopted or to permit encroachments upon an adopted regulatory floodway which will cause base flood elevation increases in excess of those permitted under section 12- 39(3)c.1 or (3)d.3, the community shall apply to the federal insurance administrator for conditional approval of such action prior to permitting the encroachments to occur and shall submit the following as part of its application:

(1)

A request for conditional approval of map change and the appropriate initial fee as specified by section 72.3 of 44 CFR chapter I, 10-01-88 Edition or a request for exemption from fees as specified by section 72.5 of 44 CFR chapter I, 10-01-88 Edition, whichever is appropriate.

(2)

An evaluation of alternatives which would not result in a base flood elevation increase above that permitted under section 12-39(3)c.10 or (3)d.3 demonstrating why these alternatives are not feasible.

(3)

Documentation of individual legal notice to all impacted property owners within and outside of the community, explaining the impact of the proposed action on their property.

(4)

Concurrence of the chief executive officer of any other communities impacted by the proposed actions.

(5)

Certification that no structures are located in areas which would be impacted by the increased base flood elevation.

(6)

A request for revision of base flood elevation determination according to the provisions of section 65.6 of 44 CFR chapter I, 10-01-88 Edition.

(7)

A request for floodway revision in accordance with the provisions of section 65.7 of 44 CFR chapter I, 10-01-88 Edition.

(b)

Upon receipt of the federal insurance administrator's conditional approval of map change and prior to approving the proposed encroachments, the community shall provide evidence to the federal insurance administrator of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

(c)

Upon completion of the proposed encroachments, the community shall provide as-built certifications in accordance with the provisions of section 65.3 of 44 CFR chapter I, 10-01-88 Edition. The federal insurance administrator will initiate a final map revision upon receipt of such certifications in accordance with part 67 of 44 CFR chapter I, 10-01-88 Edition.

(Code 1968, § 8-63; Ord. No. 1078, § 2(8-63), 5-25-93)

Located within areas of special flood hazard established in section 12-31 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:

(1)

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

(2)

If subsection (1) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of section 12-39.

(Code 1968, § 8-64; Ord. No. 1078, § 2(8-64), 5-25-93)

The federal insurance administrator will provide the data upon which floodplain management regulations shall be based. If the federal insurance administrator has not provided sufficient data to furnish a basis for these regulations in the community, the community shall obtain, review, and reasonably utilize data available from other federal, state or other sources pending receipt of data from the federal insurance administrator. However, when special mudslide (i.e., mudflow) hazard area designations have been furnished by the federal insurance administrator, they shall apply. The symbols defining such special mudslide (i.e., mudflow) hazard designations are set forth in section 64.3 of 44 CFR chapter I, 10-01-88 Edition. In all cases, the minimum requirements for mudslide (i.e., mudflow) prone areas adopted by the community depend on the amount of technical data provided to the community by the federal insurance administrator. Minimum standards for the city are as follows:

(1)

When the federal insurance administrator has not yet identified any area within the community as an area having special mudslide (i.e., mudflow) hazards, but the community has indicated the presence of such hazards by submitting an application to participate in the program, the community shall:

a.

Require permits for all proposed construction or other development in the community so that it may determine whether development is proposed within mudslide (i.e., mudflow) prone areas.

b.

Require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides (i.e., mudflows). Factors to be considered in making such a determination should include but not be limited to:

The type and quality of soils;

Any 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 structure will impose on the slope.

c.

Require, if a proposed site and improvements are in a location that may have mudslide (i.e., mudflow) hazards, that:

A site investigation and further review is made by persons qualified in geology and soils engineering;

The proposed grading, excavations, new construction, and substantial improvements are adequately designed and protected against mudslide (i.e., mudflow) damages;

The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either onsite or offsite disturbances; and

Drainage, planting, watering, and maintenance are such as not to endanger slope stability.

(2)

When the federal insurance administrator has delineated zone M on the community's FIRM, the community shall:

a.

Meet the requirements of subsection (1) of this section; and

b.

Adopt and enforce a grading ordinance or regulations in accordance with data supplied by the federal insurance administrator which:

Regulates the location of foundation systems and utility systems of new construction and substantial improvements;

Regulates the location, drainage and maintenance of all excavations, cuts and fills and planted slopes;

Provides special requirements for protective measures including, but not necessarily limited to, retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and

Requires engineering drawings for all corrective measures, accompanied by supporting soils engineering and geology reports. Guidance may be obtained from the provisions of the latest edition of the Uniform Building Code and any subsequent editions or revisions.

(Code 1968, § 8-65; Ord. No. 1078, § 2(8-65), 5-25-93)

The federal insurance administrator will provide the data upon which floodplain management regulations for flood-related, erosion-prone areas shall be based. If the federal insurance administrator has not provided sufficient data to furnish a basis for these regulations in the community, the community shall obtain, review, and reasonably utilize data available from other federal, state or other sources, pending receipt of data from the federal insurance administrator. However, when special flood-related erosion hazard area designations have been furnished by the federal insurance administrator, they shall apply. The symbols defining such special flood-related erosion hazard designations are set forth in section 12-40. In all cases, the minimum requirements governing the adequacy of the floodplain management regulations for flood-related, erosion-prone areas adopted by the community depend on the amount of technical data provided to the community by the federal insurance administrator. Minimum standards for the city are as follows:

(1)

When the federal insurance administrator has not yet identified any area within the community as having special flood-related erosion hazards, but the community has indicated the presence of such hazards by submitting an application to participate in the program, the community shall:

a.

Require the issuance of a permit for all proposed construction, or other development in the area of flood-related erosion hazard, as it is known to the community.

b.

Require review of each permit application 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 flood-related erosion hazard.

c.

If a proposed improvement is found to be in the path of flood-related erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures to be taken which will not aggravate the existing erosion hazard.

(2)

When the federal insurance administrator has delineated zone E on the community's FIRM, the community shall:

a.

Meet the requirements of subsection (1) of this section; and

b.

Require a setback for all new development from the ocean, lake, bay, river front or other body of water, to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will be designated by the federal insurance administrator according to the flood-related erosion hazard and erosion rate, in conjunction with the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the community's 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.

(Code 1968, § 8-66; Ord. No. 1078, § 2(8-66), 5-25-93)

(a)

Structural systems. Structural systems of buildings or structures shall be constructed, connected and anchored to resist flotation, collapse or permanent lateral movement due to loads from flooding equal to the base flood elevation.

(b)

Design loads. The structural system shall be designed in accordance with well-established engineering principles and with consideration of hydrodynamic and hydrostatic loads. The required loading shall be established by site-specific criteria of approved national standards. Impact loads shall be considered in the analysis of the structural system.

(c)

Load combinations. Loading combinations shall be subject to approval by the floodplain administrator. The structural system shall be designed to resist each combination of loading acting simultaneously. In lieu of site-specific loading requirements, load combinations from an approved national standard may be used.

(d)

Stress increases. Allowable stresses may be increased one-third for flood loads in combination with dead load or dead and live load combinations. When strength design is used, flood loads may be considered as dead loads when considering dead and live load conditions. Flood loads may be considered as wind loads in other load combinations.

(e)

Overturning. Buildings and structures and parts or elements shall be designed to resist sliding or overturning by at least 1.5 times the lateral force or overturning moment caused by wind and flood loads acting simultaneously. For the purpose of providing stability, only the dead load shall be considered effective in resisting overturning.

(f)

Breakaway walls. When walls or partitions located below the base flood elevation are required to break away in accordance with subsection (c) of this section, such walls shall be designed for not less than ten pounds per square foot (psf) or more than 20 psf on the vertical projected area.

(Code 1968, § 8-67; Ord. No. 1078, § 2(8-67), 5-25-93)

(a)

The city manager shall hear and decide appeals and requests for variance from the requirements of this article.

(b)

The city manager 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 article.

(c)

In passing upon such applications and appeals, the city manager shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

(1)

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

(2)

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

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

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

(6)

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

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)

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.

(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 subsections (c)(1) through (11) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance shall increase.

(e)

Upon consideration of the factors of this section and the purpose of this article, the governing body may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(f)

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Code 1968, § 8-68; Ord. No. 1078, § 2(8-68), 5-25-93; Ord. No. 1300, § 2, 9-21-99; Ord. No. 1757, § 3, 2-14-17)

(a)

Variances may be issued for the repair or rehabilitation of historic structures 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.

(b)

Variances shall not be issued within any mapped regulatory floodway if any increase 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. 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 city need not grant permission for the applicant to build at grade, or even to whatever elevation the application proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of this article.

(d)

Variances shall only be issued upon satisfaction of all of the following:

(1)

A showing of good and sufficient cause such as nonelective renovation, rehabilitation or reconstruction necessitated by causes beyond the applicant's control. Variances issued for economic consideration, aesthetics or because variances have been used in the past are not good and sufficient cause.

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3)

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.

(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 threat to public safety.

(f)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

The issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood level increases risk 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 San Bernardino Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Code 1968, § 8-69; Ord. No. 1078, § 2(8-69), 5-25-93; Ord. No. 1300, § 3, 9-21-99)

Secs. 12-49—12-70. - Reserved.