Fresno County Municipal Code Ch. 15.48 Flood Hazard Areas

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Editor's note— Ord. No. 10-008, § 1, adopted May 18, 2010, amended the Code by repealing former Ch. 15.48, §§ 15.48.010—15.48.091, and adding a new Ch. 15.48. Former Ch. 15.48 pertained to similar subject matter, and derived from Ord. 07-049, Exh. A.

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 County of Fresno does hereby adopt the following floodplain management regulations.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. No. 10-008, § 1, 5-18-2010)

A. The flood hazard areas of Fresno County are subject to periodic inundation hazards which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, flood proofed, anchored, or otherwise protected from flood damage. The cumulative effect of obstructions or encroachments in areas of special flood hazards which increase flood heights, widths, and/or velocities also contribute to flood losses.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

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 legally enforceable regulations applied uniformly throughout the community to all publicly and privately-owned land within flood-prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

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

D. Minimize prolonged business interruptions;

E. 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;

F. 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;

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

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

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

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

A. 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;

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

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

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

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

F. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Requirements of this Chapter shall apply to all new development, substantial improvements, minor improvements, and conversions of existing nonresidential structures to residential uses within flood hazard areas. Such structures must meet the lowest floor elevation or floodproofing requirements. Residential garages, swimming pools, storage structures, open patios, decks and carports within flood hazard areas may be constructed below the base flood level but must meet the anchoring, wet floodproofing, construction methods and materials standards. Water, sewer and on-site waste disposal systems within the flood hazard areas shall be designated to avoid impairment from the floodwaters and shall be designed to minimize or eliminate both infiltration of floodwaters into the system and discharge from the sewer system into the floodwaters.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

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 it's most reasonable application:

A. "Accessory structure, low-cost and small" means a structure that is:

1. Solely for the parking of no more than two (2) cars or limited storage (small, low-cost sheds); and

2. Less than one hundred-twenty (120) square feet in size.

B. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

C. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter.

D. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet (1' - 3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

E. "Area of special flood hazard" see "Special flood hazard area".

F. "Base flood" means a flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Chapter.

G. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.

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

I. "Board of Supervisors" is the local governing unit that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

J. "Building" see "Structure".

K. "Commercial coach" means a vehicle, with or without motor power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.

L. "Cost of repairs" means all costs necessary to fully repair a substantially damaged structure to its before damaged condition. Acceptable estimates of cost of repair shall be obtained from the following source:

1. Itemized estimates made by licensed contractors or other professional estimators in the construction industry.

M. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

N. "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.

O. "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 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 County.

P. "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).

Q. "Flood", "Flooding", or "Flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e. mudflows); and

2. The condition resulting from flood-related erosion.

R. "Flood Boundary and Floodway Map" (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 risk premium zones applicable to the community.

S. "Flood hazard area" see "Special flood hazard area".

T. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

U. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

V. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source — see "Flood".

W. "Floodplain Administrator" is the Director of the Department of Public Works and Planning or his/her designees and is appointed to administer and enforce the floodplain management regulations.

X. "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.

Y. "Floodplain management regulations" means this Chapter and other Zoning Ordinances, subdivision regulations, Building Codes, health regulations, Special Purpose Ordinances (such as Chapter 15.28, Grading and Excavation of this Title) and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Z. "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 property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see Federal Emergency Management Agency (FEMA) Technical Bulletins (TB) 1-93, 3-93 and 7-93.

AA. "Flood-related erosion" means a condition that exists in conjunction with a flood event that alters the composition of the shoreline or bank of a watercourse, or that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

BB. "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 (1'). Also referred to as "Regulatory Floodway".

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

DD. "Fraud and victimization" as related to Section 15.48.090, Variance procedure, of this Chapter, means that the Variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Board of Supervisors will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (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 very high flood insurance rates.

EE. "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, and does not include long-term storage or related manufacturing facilities.

FF. "Governing body" is the local governing unit, i.e. County or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

GG. "Hardship" as related to Section 15.48.090, Variance procedure, of this Chapter means the exceptional hardship that would result from a failure to grant the requested Variance. The Board of Supervisors requires that the Variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. 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/permittee to build elsewhere or put the parcel to a different use than originally intended.

HH. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction within twenty feet (20') of the proposed outer walls of a structure.

II. "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 in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

JJ. "Levee" means a man-made structure, usually an earthen embankment, designated 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.

KK. "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.

LL. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

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 that it conforms to applicable non- elevation design requirements, including but not limited to:

a) The flood openings standard in Section 15.48.080.A.3.c of this Chapter;

b) The anchoring standards in Section 15.48.070.A.1 of this Chapter;

c) The construction materials and methods standards in Section 15.48.070.A.2 of this Chapter; and

d) The standards for utilities in Section 15.48.070.C of this Chapter.

MM. "Manufactured home" means a structure, transportable in one (1) 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" does not include recreational vehicles, travel trailers, and other similar vehicles.

NN. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

OO. "Market value" means, for purposes of determining substantial improvement, the value of the structure in question. It does not pertain to the land, landscaping or detached accessory structures on the property. Acceptable estimates of market value shall be obtained from the following sources:

1. Independent appraisals by a professional Appraiser; or

2. Property appraisals used for tax assessment purposes.

PP. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

QQ. "Minor improvement" means any improvement to a main structure whose construction date occurred subsequent to July 23, 1980, that is not a "substantial improvement" except that this term does not include either:

1. 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

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

RR. "Mobile home" see "Manufactured home".

SS. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after July 23, 1980, and includes any subsequent improvements to such structures.

TT. "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 County.

UU. "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, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

VV. "One-hundred year flood" or "100-year flood" or "one percent chance flood" see "Base flood".

WW. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

XX. "Public safety and nuisance" as related to Section 15.48.090, Variance procedure, of this Chapter means that the granting of a Variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.

YY. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) 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.

5. A recreational vehicle placed on a site in a Special Flood Hazard Area (SFHA) must meet the elevation and anchoring requirements for manufactured homes, unless it:

a. Is on the site for fewer than 180 consecutive days, or

b. Is fully licensed and ready for highway use. Ready for highway use means that it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions.

ZZ. "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 (1').

AAA. "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 this Chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

BBB. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

CCC. "Sheet flow area" see "Area of shallow flooding".

DDD. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on a Flood Boundary and Floodway Map (FBFM) or Flood Insurance Rate Map (FIRM) as Zone A, AO, A1 - A30, AE, A99, or AH.

EEE. "Start of construction" includes substantial improvement and other proposed new development, 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 one hundred-eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

FFF. "Structure" means a walled and roofed building that is principally above-ground; this includes a gas or liquid storage tank or a manufactured home.

GGG. "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 fifty percent (50%) of the market value of the structure before the damage occurred.

HHH. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, or any accumulation thereof occurring after July 23, 1980, the cost of which equals or exceeds fifty percent (50%) of the market value or square footage of the structure either:

1. Before the "start of construction" of the improvement or in the case of cumulative improvements before July 23, 1980; or

2. If the structure has incurred "substantial damage" 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 structure commences, whether or not that alteration affects the external dimensions of the structure.

This term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or comply with state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "Historic Structure" provided that the alteration will not preclude the structure's continued designation as a "Historic Structure".

A change from non-residential to residential structure use shall constitute a "substantial improvement" for the purpose of bringing the structure under consideration into conformance with this Chapter. The addition or improvement of a basement shall constitute a "substantial improvement."

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

JJJ. "Violation" means the failure of a structure or other development to be fully compliant with this Chapter. 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.

KKK. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

LLL. "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.

MMM. "Zone A" means areas on the Flood Insurance Rate Maps (FIRM) that are designated "Zone A" which zone shows only the area subject to flooding in a one percent (1%) chance flood. Where no other data as to base flood depth or elevation is shown on the Flood Insurance Rate Map (FIRM), the base flood elevation in this zone shall be one (1) of the following:

1. In areas where the top of curb elevations have been established by an adopted Storm Drainage Master Plan or by a governmental agency having jurisdiction over said elevations, an elevation eighteen inches (18") above the top of curb at the point nearest to the center of the structure. On a corner lot, the lower curb elevation shall apply.

2. In areas where a Storm Drainage Master Plan for top of curb elevations has not been adopted and the structure being developed is less than one hundred feet (100') from the centerline of the road, an elevation two feet (2') above the crown of pavement of the road immediately adjacent to the property. The elevation will be taken at the intersection of the crown of the road and a projection of a line from the center of the structure. On a corner lot, the lower crown elevation shall apply.

3. In areas where a Storm Drainage Master Plan for top of curb elevations has not been adopted, and the structure is in excess of one hundred feet (100') from the centerline of the nearest road, an elevation three feet (3') above the highest ground within twenty feet (20') of the structure.

4. Where the Floodplain Administrator has knowledge that the one percent (1%) chance flood elevation will be greater or lesser than specified in Subsection (MMM)(1) through (MMM)(3) of this Section, the Floodplain Administrator shall use that known one percent (1%) chance flood elevation in applying the provisions hereof.

NNN. "Zone AO" means certain areas subject to one percent (1%) chance flooding in which base flood elevations range from one to three feet (1' - 3') above the "highest adjacent grade"; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. If there is no depth number on the Flood Insurance Rate Map (FIRM) for Zone AO, the base flood elevation shall be two feet (2') above the "highest adjacent grade." Where the Floodplain Administrator has knowledge that the one percent (1%) chance base flood elevation will be greater than two feet (2') above the "highest adjacent grade", the Floodplain Administrator shall use that known one percent (1%) chance flood elevation in applying the provisions thereof. All the terms used in this Chapter and not defined in this Chapter shall be as defined in other Sections of this Title.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A. Lands to Which This Chapter Applies. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the County of Fresno.

B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "The Flood Insurance Study (FIS) for the County of Fresno", dated September 16, 1982, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) dated December 1, 1982, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter, and which are recommended to the Board of Supervisors by the Floodplain Administrator. The Study, Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) are on file at the County of Fresno, Department of Public Works and Planning, 2220 Tulare Street, Suite B, Fresno, CA 93721.

C. 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. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

D. 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.

E. Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the Board of Supervisors; and

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

F. 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 or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the County of Fresno, 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.

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

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A. Designation of the Floodplain Administrator. The Director of the Department of Public Works and Planning is hereby appointed to administer, implement, and enforce this Chapter by granting or denying development permits in accordance with its provisions.

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

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

a) Permit requirements of this Chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures;

b) The site is reasonably safe from flooding;

c) The proposed development does not adversely affect the flood-carrying capacity of the areas where the base flood elevations have been determined but a floodway has not been designated. For purposes of this Chapter, "does not adversely affect" means that the proposed development will not increase significantly the elevation of the base flood velocity, or cause erosion, or for the purpose of reasonable floodplain management 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 by more than one-foot (1') at any point, thus expanding the area subject to special flood hazard;

d) All other required state and federal permits have been obtained;

e) Review all proposals for the development of five (5) parcels or more to assure that the flood discharge exiting the development after construction does not create additional flood hazards downstream from the development, increase the height, or expand a special flood hazard area; and

2. Development of Substantial Improvement and Substantial Damage Procedures.

a) Using FEMA Publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings", develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value".

b) Assure procedures are coordinated with other departments/divisions and implemented by community staff.

3. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.48.060.B, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer Section 15.48.080. Reduction in the base flood elevation shown on adopted Flood Insurance Rate Maps (FIRMs) shall require prior approval by the Federal Emergency Management Agency (FEMA).

Note: A base flood elevation may be obtained using methods from the FEMA Publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (one-hundred-year) Flood Elevations" dated July 1995.

4. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a) The certified elevation required in Section 15.48.080.A.3.a (lowest floor elevation);

b) The elevation or floodproofing certification required in Section 15.48.080.A.3.b (flood proofing);

c) The certified elevation required in Section 15.48.080.C.1.c (subdivisions and other proposed development standards);

d) The anchoring certification required in Section 15.48.080.D.1.a (manufactured homes);

e) Certification required by Section 15.48.080.A.3.d (wet floodproofing standard); and

f) Certification required by Section 15.48.080.F (floodway encroachments); and

g) 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 Emergency Management Agency (FEMA).

5. Notification of Other Agencies.

a) Alteration or relocation of a water course is required through notification of adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); and require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

b) Base Flood Elevation changes due to physical alterations. The Floodplain Administrator shall cause to have submitted or assure, within six (6) months of information becoming available or project completion (whichever occurs first), that the permit applicant submit technical or scientific data to FEMA for a Letter of Map Revision (LOMR). All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of Building Permits. Building Permits must not be issued based on Conditional Letter of Map Revisions (CLOMRs). Approved CLOMRs allow construction of the proposed flood control projects and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

c) Changes in corporate boundaries. Notify FEMA, in writing, whenever the corporate boundaries have been modified by annexation or other means and include a copy of the map of the community clearly delineating the new corporate limits.

6. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.48.070.D.

7. Remedial Action. Take action to remedy violations of this Ordinance as specified in Section 15.48.060.C.

8. Biennial Report. Complete and submit Biennial Report to FEMA.

9. Planning. Assure community's General Plan is consistent with floodplain management objectives herein.

C. Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 15.48.060.B. Application for a development permit shall be made on forms furnished by the County of Fresno. The applicant shall provide the following minimum information:

1. Plans in duplicate, drawn to scale, showing:

a) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b) Proposed locations of water supply, sanitary sewer, and other utilities;

c) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

d) Location of the regulatory floodway when applicable;

e) Base flood elevation information as specified in Section 15.48.060.B or Section 15.48.070.B.3 (use of other base flood data);

f) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

g) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.48.080.A.3.b of this Chapter and detailed in Federal Emergency Management Agency (FEMA) Technical Bulletin (TB) 3-93.

2. Certification from a Registered Civil Engineer or Architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.48.080.A.3.b.

3. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.48.080.A.3.d of this Chapter and detailed in Federal Emergency Management Agency (FEMA) Technical Bulletins (TB) 1-93 and 7-93.

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

5. All appropriate certifications listed in Subsection B.4 of this Section.

D. Appeals. The Appeals Board, as provided in Chapter 15.04 of Title 15 of this Code, shall hear and decide appeals when it is alleged there is an error in any requirements, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

In all areas of special flood hazard, the following standards are required and shall be administered by the Director of the Department of Public Works and Planning or his/her designee:

A. Standards of Construction.

1. Anchoring.

a) All new construction, substantial improvements, including manufactured homes, and minor 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, occupied for residences and commercial coaches shall meet the anchoring standards of Section 15.48.080.D.

2. Construction Materials and Methods.

a) All new construction, substantial improvements, including manufactured homes shall use methods and practices that minimize flood damage and be constructed with flood resistant materials and utility equipment resistant to flood damage for areas below the base flood elevation.

b) Electrical Requirements. Except in watertight basements, all electrical wiring below the flood elevation shall be in a watertight conduit or approved direct burial cable and all electrical equipment below the base flood elevation shall be approved for use under water.

c) Plumbing Requirements. Except in watertight basements, water outlets connected to the water supply shall be located above the base flood elevation and all required vacuum breakers shall be six inches (6") above the base flood elevation. Sewer and on- site waste disposal systems shall be located and designed to minimize impairment, seepage, or infiltration by or into floodwaters.

d) Mechanical Requirements. Except in watertight basements, all heating and cooling ducts, plenums, mechanical equipment attached to the building, and other service facilities shall be installed above the base flood elevation.

e) Methods. All new construction and substantial improvements below the base flood elevation shall utilize methods and practices that minimize flood damage.

f) Materials. All materials utilized in a structure below the base flood elevation shall be only with flood resistant materials.

g) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

h) Exception. Minor improvements of any structure shall meet the above standards beginning at and extending below the bottom of the structure.

3. Elevation and Floodproofing.

a) Residential Construction. All new construction or substantial improvements of any structure shall have the lowest floor, including basement:

i) Elevated a minimum of twelve inches (12") above the base flood elevation.

ii) In an AO Zone, elevated above the highest adjacent grade to at least a minimum of twelve inches (12") above the depth number specified in feet on the Flood Insurance Rate Map (FIRM) or as provided for in Section 15.48.050.

iii) In an A Zone, without base flood elevations (BFEs) specified on the Flood Insurance Rate Map (FIRM), elevated to or above the base flood elevation as determined in Section 15.48.050 or Section 15.48.070.B.3.

iv) When an existing structure is remodeled, reconstructed or added to and such work is classified as substantial improvements, the entire existing structure shall be modified to comply with the base flood elevation requirements of the applicable zone.

v) Upon completion of the structure the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Surveyor that elevation requirements have been met. Such certifications shall be provided to the Floodplain Administrator as set forth in Section 15.48.070.B.4.a, prior to the Final Inspection of the structure.

b) Nonresidential Construction. All new construction or substantial improvements of any structure shall have the lowest floor, including basement:

i) Elevated a minimum of twelve inches (12") above the base flood elevation.

ii) In an AO Zone, elevated above the highest adjacent grade to at least a minimum twelve inches (12") above the depth number specified in feet on the Flood Insurance Rate Map (FIRM) or as provided for in Section 15.48.050.

iii) In an A Zone, without base flood elevations (BFEs) specified on the Flood Insurance Rate Map (FIRM), elevated to or above the base flood elevation as determined in Section 15.48.050 or Section 15.48.070.B.3.

iv) When an existing structure is remodeled, reconstructed or added to and such work is classified as substantial improvements, the entire existing structure shall be modified to comply with the base flood elevation requirements of the applicable zone.

v) Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Surveyor, that elevation requirements have been met. Such certifications shall be provided to the Floodplain Administrator as forth in Section 15.48.070.B.4.a, prior to the Final Inspection of the structure.

vi) As an alternative, together with attendant utility and sanitary facilities, new construction or substantial improvements shall conform to the following:

(a) Be floodproofed so that below an elevation twelve inches (12") above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; structures in A Zones, without base flood elevations (BFEs) specified on the Flood Insurance Rate Map (FIRM), must be floodproofed to the base flood elevation, as determined in Section 15.48.050 or Section 15.48.070.B.3, and are exempted from the six-inch (6") increase stated herein; and

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) Be certified by a Registered Civil Engineer or Architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator as set forth in Section 15.48.070.B.4, prior to Final Inspection of the structure.

vii) A variation for the lowest floor to be below the base flood elevation and watertight construction is not desired or feasible, new construction or substantial improvements shall conform to the following:

(a) Provide flood openings that comply with Section 15.48.080.A.3.c;

(b) Portions of the building below the base flood elevation must be constructed with materials resistant to flood damage in accordance to Section 15.48.080.A.2 to the base flood elevation, as determined in Section 15.48.050 or 15.48.070.B.3; and

(c) Be certified by a Registered Civil Engineer or Architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator as set forth in Section 15.48.070.B.4, prior to Final Inspection of the structure.

c) Flood Openings. All new construction and substantial improvements of structures, with fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exist of floodwaters. Designs for meeting this requirement must meet the following minimum criteria for non-engineered openings or be certified by a Registered Civil Engineer or Architect. For guidance on flood openings, see FEMA Technical Bulletin (TB) 1-93.

i) Have a minimum of two (2) openings on different sides having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

ii) The bottom of all openings shall be no higher than one-foot (1') above grade;

iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and

iv) Buildings with more than one (1) enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter.

d) Crawlspace Construction. This Subsection applies to building with crawl spaces up to two feet (2') below grade. Below grade crawl space construction in accordance with the requirements listed below will not be considered basements.

i) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet (5') per second unless the design is reviewed by a qualified design professional, such as a Registered Architect or professional Engineer;

ii) The crawl space is an enclosed area below the base flood elevation and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin (TB) 1-93;

iii) Crawl space construction is not permitted in V Zones. Open pile or column foundations that withstand storm surge and wave forces are required in V Zones;

iv) Portions of the building below the base flood elevation must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the base flood elevation; and

v) Any building utility systems within the crawl space must be elevated above base flood elevation or design so that floodwaters cannot enter or accumulate within the system components during flood conditions.

vi) Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

(a) The interior grade of a crawl space below the base flood elevation must not be more than two feet (2') below the lowest adjacent exterior grade (LAG), shown as D in Figure 3 of Technical Bulletin (TB) 11-01;

(b) The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet (4') (shown as L in Figure 3 of Technical Bulletin [TB] 11-01) at any point;

(c) There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 (seventy-two) hours; and

(d) The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawl space. For velocities in excess of five feet (5') per second, other foundation types should be used.

e) Manufactured Homes. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirements of any applicable portions of this Section. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards of any applicable portions of this Section. Additional guidance may be found in FEMA Technical Bulletins (TB) 1-93 and 7- 93.

f) Garages and Low Cost Accessory Structures.

i) Attached garages:

(a) A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation, must be designed to allow for automatic entry of floodwaters. See Flood Openings, Subsection A.3.d of this Section. Areas of the garage below the base flood elevation must be constructed with flood-resistant materials. See Subsection A.2 of this Section.

(b) A Garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidelines on dry and wet floodproofing, see Federal Emergency management Agency (FEMA) Technical Bulletins (TB) 6, 1-93, 3-93 and 7-93.

ii) Detached garages and accessory structures:

(a) "Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 15.48.050, may be constructed such that its floor is below the base flood elevation, provided the structure is designed and constructed in accordance with the following requirements:

(i) Use of the accessory structure must be limited to parking or limited storage;

(ii) The portions of the accessory structure located below the base flood elevation (BFE) must be built using flood-resistant materials:

(iii) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(iv) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the base flood elevation;

(v) The accessory structure must comply with floodplain encroachment provisions in Subsection (F) of this Section;

(vi) The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with flood openings, Subsection A.3.d of this Section; and

(vii) Be certified by a Registered Civil Engineer or Architect as to the design and construction in accordance with the requirements above.

(b) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with Subsection A.3.g of this Section.

g) Minor Improvements. All lowest floors of a minor improvement of any structure shall meet or exceed the lesser of either the elevation requirement contained within this Chapter or those in effect when the main structure was built. In no event, however, shall any lowest floor of a minor improvement be lower than that of the structure to which it shall be attached.

h) Alternate Designs. All requirements of this Chapter shall be subject to the provisions of the 2013 California Building Code, Sections 104.11, as provided in Chapter 15.08 of this Code; which Sections allow the use of approved alternate designs, materials, equipment and methods of construction.

B. Standards for Utilities.

1. All new and replacement water supply and sanitary sewage systems, shall be designed to minimize or eliminate both infiltration of floodwaters into the system and discharge from the systems into the floodwaters.

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

C. Standards for Subdivisions and other Proposed Development.

1. All subdivision proposals and other proposed development, including proposals of manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall

i) Identify the special flood hazard areas (SFHA) ase flood elevations (BFEs).

ii) Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

iii) If the site is filled above the base flood elevation, the lowest floor elevation, pad elevation, and lowest adjacent grade shall be certified by a Registered Civil Engineer or Land Surveyor and provided as part of an application for a Letter of Map Revision on fill (LOMR-F) to the Floodplain Administrator as set forth in Section 15.48.070.B.3.c for lowest floor elevation, pad elevation and lowest adjacent grade.

2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

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

4. All subdivision proposals and other proposed development shall have adequate drainage provided to reduce exposure to flood hazard and damage as set forth in Section 15.48.070.B.1.

5. Require that all subdivision proposals and other proposed development include within such proposals base flood elevation data.

D. Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions. All manufactured homes in special flood hazard areas shall meet the anchoring standards described below, construction materials and methods requirements in Section 15.48.080.A.2, flood openings requirements in Section 15.48.080.A.3.c, and garages and low-cost accessory structure standards in Section 15.48.080.A.3.f.

Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirements in Section 15.48.080.

1. All manufactured homes that are placed or substantially improved on sites located in a new manufactured home park or subdivision; or as part of an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall:

a) Be elevated such that the lowest floor of the manufactured home is elevated to or above the base flood elevation as described in Section 15.48.050 or 15.48.070.B.3 and meet the anchoring standards and be anchored to resist flotation, collapse or lateral movement:

i) By providing an anchoring system designed to withstand a horizontal forces of fifteen (15) pounds per square-foot and uplift forces of nine (9) pounds per square-foot; or

ii) By the anchoring of the unit's system, designed to be in compliance to the Department of Housing and Development Mobile Home Construction and Safety Standards; or

iii) By construction of a pad in which the top of the finished pad is at or above the minimum required lowest floor elevation for the flood zone it is placed in; and

iv) As set forth in Section 15.48.070.B.4 certification by a Registered Civil Engineer or Architect that the above standards have been met.

2. All manufactured homes that are placed or substantially improved on sites located in existing manufactured home park or subdivision within Zones A2-30, AE, and AH on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 15.48.080.D.1, will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement; and be elevated so that either:

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

b) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36") in height above grade.

3. Manufactured Home Parks and Subdivisions. The following standards are required for:

a) New manufactured home parks or subdivisions; expansions to existing manufactured home parks or subdivisions; and repair, reconstruction, or improvements to existing manufactured home parks or subdivisions that equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

i) Adequate surface drainage and access for a hauler or mobile home mover shall be provided.

ii) All manufactured homes 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 not be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable anchoring requirements for wind forces.

iii) Certification of compliance with this Section shall be by the Registered Civil Engineer or Architect responsible for the manufactured home park or subdivision.

E. Standards for Storage of Materials and Equipment.

1. The storage or processing of materials below the base flood elevation that, during flooding may become buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, is prohibited.

2. Storage of other material or equipment below the base flood elevation may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation.

F. Floodways. Located within areas of special flood hazard established in Section 15.48.060.B, 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. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood elevation more than one-foot (1') at any point within the County.

2. Within an adopted regulatory floodway, the County shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a Registered Civil Engineer is provided demonstrating the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base discharge.

3. If Subsections F.1 and F.2 above are satisfied, all new construction, substantial improvement, and other proposed development shall comply with all other applicable flood hazard reduction provisions of Section 15.48.080.

4. If, in the opinion of the Floodplain Administrator, the land area for which development is proposed is subject to flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the development permit for such structures shall be denied.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 13-024, § 1(Exh. B), 11-12-2013; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A. Nature of Variances.

1. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

2. The variance criteria set forth in this section of the Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, its inhabitants, or the property owners.

3. It is the duty of the Board of Supervisors to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and obtain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B. Conditions for Variances.

1. Generally, the Floodplain Administrator may issue Variances for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.48.070 and 15.48.080 of this Chapter have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the Variance increases.

2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.48.050 of this Chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the Variance is the "minimum necessary" considering the flood hazards, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter.

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

a) The issuance of a Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty- five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

b) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6. The Floodplain Administrator will maintain a record of all Variance actions, including justification of their issuance, and report such Variances issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA).

C. Appeal Board.

1. In passing upon an appeal of the Floodplain Administrator's determination of requests for Variances, the Appeals Board, as provided in Chapter 15.04 of this Code, shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter and:

a) Danger that materials may be swept onto other lands to the injury of others;

b) Danger of life and property due to flooding or erosion damage;

c) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

d) Importance of the services provided by the proposed facility to the County;

e) Necessity to the facility of a waterfront location, where applicable;

f) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g) Compatibility of the proposed use with existing and anticipated development;

h) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i) Safety of access to the property in time of flood for ordinary and emergency vehicles;

j) Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

k) 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 system, and streets and bridges.

2. Variances shall only be issued upon:

a) Showing of good and sufficient cause;

b) Determination that failure to grant the Variance would result in exceptional "hardship" as defined in Section 15.48.050 of this Chapter, to the applicant; and

c) Determination that the granting of a Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create a nuisance "public safety or nuisance" as defined in Section 15.48.050, cause fraud or victimization, as defined in Section 15.48.050, of the public, or conflict with existing local laws or ordinances.

3. Variances may be issued for new construction, substantial improvement, and other proposed new 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 does not result in additional threats to public safety and does not create a public nuisance.

4. Upon consideration of the factors of Section 15.48.090 of this Chapter and the purposes of this Chapter, the Board of Supervisors may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Chapter.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)