Hillsborough Municipal Code Ch. 15.44 Floodplain Management

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

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

B. "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.

C. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

D. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

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

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

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

H. "Building." See "Structure."

I. "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.

J. "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 capacity of a floodplain.

K. "Flood, flooding or flood water" means 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.

L. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

M. "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.

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

O. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

P. "Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.

Q. "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 plan, flood control works, floodplain management regulations, and open space plans.

R. "Floodplain management regulations" means the provisions of this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application 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.

S. "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 the their contents.

T. "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."

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

V. "Fraud and victimization" as related to Section 15.44.050 (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 town shall consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred 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 any such 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.

W. "Governing body" is the town, which is the local governing unit empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

X. "Hardship" as related to Section 15.44.050 (Variance procedure) of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The town 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 to build elsewhere or put the parcel to a different use than originally intended.

Y. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Z. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 with approved programs.

AA. "Levee" means a man-made 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.

BB. "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.

CC. "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 it conforms to applicable non-elevation design requirements, including, but not limited to:

a. The wet floodproofing standards in Section 15.44.040(A)(3)(c) of this Chapter;

b. The anchoring standards in Section 15.44.040(A)(1) of this chapter;

c. The construction materials and methods standards in Section 15.44.040(A)(2) of this chapter;

d. The standards for utilities in Section 15.44.040(B).

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

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

EE. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

FF. "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.

GG. "One hundred-year flood" or "100-year flood." See "Base flood."

HH. "Public safety and nuisance" as related to Section 15.44.050 (Variances) 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.

II. "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.

JJ. "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.

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

LL. "Special flood hazard area (SFHA)" means an area having special flood hazards, and shown on an FHBM or FIRM as Zone A, A1-A30, AE, A99 or M.

MM. "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 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 footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation. 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.

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

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

PP. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty 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 or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

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

QQ. "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.

RR. "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.

SS. "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.

TT. "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.

(Ord. 592 § 5 (part), 1999)

A. This chapter applies to all areas of special flood hazards within the jurisdiction of the town.

B. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated effective October 16, 2012, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated effective October 16, 2012, 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 town by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at City Hall, Public Works Department, 1600 Floribunda Avenue, Hillsborough, California.

C. 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 violation of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the town from taking such lawful action as is necessary to prevent or remedy any violation.

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

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

1. Considered as minimum requirements;

2. Liberally construed in favor of the town; and

3. Deemed neither to limit not repeal any other powers granted under state statutes.

F. 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 height may be increased by man-made 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 town, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 592 § 5 (part), 1999)

(Ord. No. 715, § 8, 6-9-2014)

A. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.44.020 B. of this chapter. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimension, and elevation of the areas in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

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

2. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required by Section 15.44.040 A.3.c. of this chapter;

3. All appropriate certifications listed in Section 15.44.030 C.4. of this chapter; and

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

5. Location of the regulatory floodway when applicable;

6. Base flood elevation information as specified in Section 15.44.020 B.

7. For crawl-space foundation, location and total net area of foundation openings as required in this ordinance and applicable FEMA requirements.

B. The city engineer is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

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

1. Review all development permits to determine that:

a. Permit requirements of this chapter have been satisfied;

b. All other required state and federal permits have been obtained;

c. The site is reasonably safe from flooding; and

d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

e. 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 letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

2. Development of substantial improvement and substantial damage procedures.

a. Develop detailed procedures in accordance with FEMA requirements 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 staff.

3. When base flood elevation data has not been provided in accordance with Section 15.44.020 B. of this chapter, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 15.44.040 of this chapter. Any such information shall be submitted to the town for adoption.

4. In alteration or relocation of a watercourse:

a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

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

d. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR)

e. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction."

5. 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 a map of the community clearly delineating the corporate limits.

6. Obtain and maintain for public inspection and make available as needed the following:

a. Certification required by Section 15.44.040 A.3.a. of this chapter (lowest floor elevations);

b. Certification required by Section 15.44.040 A.3.b. of this chapter (elevation or floodproofing of nonresidential structures);

c. Certification required by Sections 15.44.040 A.3.c. of this chapter (wet floodproofing standard);

d. Certification of elevation required by Section 15.44.040 C.2. of this chapter (subdivision standards); and

e. Certification required by Section 15.44.040 D.1. of this chapter (floodway encroachments).

7. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.44.030 D. of this chapter.

8. Take action to remedy violations of this chapter as specified in Section 15.44.020 C. of this chapter.

D. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 592 § 5(part), 1999)

(Ord. No. 715, § 8, 6-9-2014)

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

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

2. All new construction and substantial improvement shall be constructed:

a. With materials and utility equipment resistant to flood damage;

b. Using methods and practices that minimize flood damage; and

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

3. For elevation and floodproofing, see Section 15.44.010 definitions for "basement," "lowest floor," "new construction," "substantial damage," and "substantial improvement."

a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation, as determined by the community. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the town's building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 15.44.040 A.3.a. of this chapter or together with attendant utility and sanitary facilities:

i. Be floodproofed below the elevation recommended under Section 15.44.040 A.3.a. so that the structure is watertight with walls substantially impermeable to the passage of water;

ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii. Be certified by a registered professional engineer or architect that the standards of this section 15.44.040 A.3.b. are satisfied. Such certification shall be provided to the floodplain administrator.

c. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designated automatically to equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria:

i. Be certified by a registered professional engineer or architect; or

ii. Have 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

4. Garages and low cost accessory structures.

a. Attached garages.

i. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry of flood waters. Areas of the garage below the base flood elevation must be constructed with flood resistant materials. See Section 15.44.040 A.2.

ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed pursuant to applicable FEMA requirements.

b. Detached garages and accessory structures.

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

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

b) The portions of the accessory structure located below the base flood elevation must be built using flood-resistant materials;

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

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

e) The accessory structure must comply with floodplain encroachment provisions; and

f) The accessory structure must be designed to allow for the automatic entry of flood waters.

ii. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.04.040 of this chapter.

B. Standards for utilities shall be as follows:

1. All new and replacement water supply and sanitary sewage systems shall be designated to minimize or eliminate:

a. Infiltration of flood waters into the systems; and

b. Discharge from the systems into flood waters;

2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C. Standards for subdivisions shall be as follows:

1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2. All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage.

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

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

D. Located within areas of special flood hazard established in Section 15.44.020B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, 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 Section 15.44.040(D)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 15.44.040.

(Ord. 592 § 5 (part), 1999)

(Ord. No. 715, § 8, 6-9-2014)

A. The variance criteria set forth in this section 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 characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the town 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 chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B. In passing upon requests for variances, the town shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter.

1. In addition, the town shall consider the following specific factors:

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 community;

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 flood waters 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 systems, and streets and bridges.

2. 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 coverage; and

b. Such construction below the base flood level increases risks 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 county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

3. The floodplain administrator shall 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.

C. The conditions for granting variances hereunder are as follows:

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.44.030 and 15.44.040 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required to issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.44.010 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 hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the town need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the town believes will both provide relief and preserve the integrity of the local ordinances.

5. Variances shall only be issued upon:

a. Showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.44.010 of this ordinance) to the applicant; and

c. A 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 (as defined in Section 15.44.010 of this chapter, see "Public safety or nuisance"), cause fraud or victimization (as defined in Section 15.44.010 of this chapter) of the public, or conflict with existing local laws or ordinances.

6. 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 Sections 15.44.050(C)(1) through 15.44.050(C)(5) 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.

7. Upon consideration of the factors of Section 15.44.050(B)(1) and the purposes of this chapter, the town may attached such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

D. The issuance of a variance under this section is for floodplain management purposes only.

(Ord. 592 § 5(part), 1999)

(Ord. No. 715, § 8, 6-9-2014)