Reedley Municipal Code Ch. 1 Development in Flood Hazard Areas

A. Statutory Authorization: The legislature of the state has in Government Code sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council does hereby adopt the following floodplain management regulations.

B. Findings Of Fact:

1. The flood hazard areas of the city are subject to periodic inundation which can 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.

2. These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contribute to the flood loss.

C. Statement Of Purpose: It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;

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

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

4. Minimize prolonged business interruptions;

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

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

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

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

D. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this chapter includes methods and provisions to:

1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

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

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

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

5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 95-001, 2-14-1995)

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.

ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition and channel migration.

APEX: 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.

APPEAL: A request for a review of the floodplain administrator's interpretation of any provision of this chapter.

AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet (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.

AREA OF SPECIAL FLOOD HAZARD: See definition of Special Flood Hazard Area (SFHA).

AREA OF SPECIAL FLOOD RELATED EROSION HAZARD: The land within a community which is most likely to be subject to severe flood related erosion losses. The area may be designated as zone E on the flood insurance rate map (FIRM).

BASE FLOOD: 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.

BASEMENT: Any area of the building having its floor subgrade (i.e., below ground level) on all sides.

BUILDING: See definition of Structure.

DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ENCROACHMENT: 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.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: 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).

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the floodway.

FLOOD, FLOODING OR FLOODWATER: A. 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 of runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

B. The condition resulting from flood related erosion. See definition of Flood Related Erosion.

FLOOD HAZARD BOUNDARY MAP: The official map on which the federal emergency management agency or federal insurance administration has delineated the areas of flood hazard.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: 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.

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

FLOOD RELATED EROSION AREA MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood related erosion damage including, but not limited to, emergency preparedness plans, flood related erosion control works and floodplain management regulations.

FLOOD RELATED EROSION AREA OR FLOOD RELATED EROSION PRONE AREA: A land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind driven currents, is likely to suffer flood related erosion damage.

FLOODPLAIN ADMINISTRATOR: The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

FLOODPLAIN MANAGEMENT REGULATIONS: This chapter and zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in 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.

FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source. See definition of Flood, Flooding Or Floodwater.

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

FLOODWAY: 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".

FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on federal, state and local floodplain maps.

FLOODWAY FRINGE: That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

FRAUD AND VICTIMIZATION: As related to section 12-1-6 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 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.

FUNCTIONALLY DEPENDENT USE: 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 shipbuilding and ship repair facilities, and does not include long term storage or related manufacturing facilities.

HARDSHIP: As related to section 12-1-6 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city 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.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

A. Listed individually in the national register of historic places (a listing maintained by the U.S. department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

B. 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;

C. 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

D. 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.

LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see definition of Basement) is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced.

NEW CONSTRUCTION: 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.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: 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 this community.

OBSTRUCTION: Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, snare or collect debris carried by the flow of water, or is likely to be carried downstream.

ONE HUNDRED YEAR OR 100-YEAR FLOOD: See definition of Base Flood.

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

PRINCIPAL STRUCTURE: A structure used for the principal use of the property as distinguished from an accessory use.

PUBLIC SAFETY AND NUISANCE: As related to section 12-1-6 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, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin.

RECREATIONAL VEHICLE: A vehicle which is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projection;

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

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

REGULATORY FLOODWAY: 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').

RIVERINE: Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

SHEET FLOW AREA: See definition of Area Of Shallow Flooding.

SPECIAL FLOOD HAZARD AREA (SFHA): An area having special flood, mudslide (i.e., mudflow), or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH, E, M.

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.

STRUCTURE: A walled and roofed building, that is principally aboveground. This includes a gas or liquid storage tank or a manufactured home.

SUBSTANTIAL DAMAGE: 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.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) 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:

A. 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

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

VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or 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.

WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE: 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. 2012-003, 9-11-2012)

A. Lands To Which Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 95-001, 2-14-1995)

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 flood insurance study (FIS) for Fresno County, California, dated February 18, 2009, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs) dated February 18, 2009, 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 city by the floodplain administrator. The study, FIRMs and FBFMs are on file at city hall, 845 G Street, Reedley, CA 93654. (Ord. 2012-003, 9-11-2012)

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 established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council 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 city; 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 hazard 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 city, any officer or employee thereof, the state, 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 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. 95-001, 2-14-1995)

A. Establishment Of Development Permit: A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in subsection 12-1-3B 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, dimensions and elevation of the area 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; in zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in section 12-1-5 of this chapter; and

3. All appropriate certifications listed in subsection C of this section; and

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 95-001, 2-14-1995)

B. Designation Of Floodplain Administrator: The building official is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions. (Ord. 2012-003, 9-11-2012)

C. Duties And Responsibilities Of 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 that:

a. Permit requirements of this chapter have been satisfied;

b. All other required state and federal permits shall 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 (1') at any point.

2. Review And Use Of Any Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 12-1-3B 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 12-1-5 of this chapter. Any such information shall be submitted to the city for adoption.

3. Notification Of Other Agencies: 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 said watercourse is maintained.

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

a. Certification required by subsection 12-1-5A3a of this chapter (floor elevations);

b. Certification required by subsection 12-1-5A3b of this chapter (elevation or floodproofing of nonresidential structures);

c. Certification required by subsection 12-1-5A3c of this chapter (wet floodproofing standard);

d. Certification of elevation required by subsection 12-1-5C1 of this chapter (subdivision standards);

e. Certification required by subsection 12-1-5F1 of this chapter (floodway encroachments);

5. Map Determinations: 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 12-1-6 of this chapter.

6. Remedial Action: Take action to remedy violations of this chapter as specified in subsection 12-1-3C of this chapter.

D. Appeals: 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. 95-001, 2-14-1995)

A. Standards Of Construction: In all areas of special flood hazard the following standards are required:

1. Anchoring:

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

b. All manufactured homes shall meet the anchoring standards of subsection D of this section.

2. Construction Materials And Methods: All new construction and substantial improvements, including manufactured homes, shall be constructed:

a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

b. Using methods and practices that minimize flood damage;

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

d. If within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

3. Elevation And Floodproofing:

a. Residential Construction: Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

(1) In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth specified in feet on the FIRM by at least one foot (1'), or elevated at least three feet (3') above the highest adjacent grade if no depth number is specified.

(2) In an A zone, elevated at least one foot (1') above the base flood elevation, as determined by the city.

(3) In all other zones, elevated at least one foot (1') above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the city engineer or city building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

b. Nonresidential Construction: Nonresidential construction shall either be elevated to conform with subsection A3a of this section or together with attendant utility and sanitary facilities:

(1) Be floodproofed below the elevation recommended under subsection A3a of this section so that the structure is watertight with walls substantially impermeable to the passage of water;

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

(3) Be certified by a registered professional engineer or architect that the standards of this subsection A3b are satisfied. Such certification shall be provided to the floodplain administrator.

c. Flood Openings: 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 designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(1) Be certified by a registered professional engineer or architect; or

(2) For nonengineered openings:

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

(B) The bottom of all openings shall be no higher than one foot (1') above grade.

(C) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

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

d. Manufactured Homes: Manufactured homes shall also meet the standards in subsection D of this section.

B. Standards For Utilities:

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

a. Infiltration of floodwaters into the systems; and

b. Discharge from the systems into floodwaters.

2. 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 new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is lesser, shall:

a. Identify the special flood hazard area (SFHA) and the base flood elevation (BFE).

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

c. If the site is filled above the base flood elevation, the following as built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator.

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 subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 2012-003, 9-11-2012)

D. Standards For Manufactured Homes:

1. All manufactured homes that are placed or substantially improved within zones A1-30, AH and AE on the community's flood insurance rate map, on sites located:

a. Outside of a manufactured home park or subdivision,

b. In a new manufactured home park or subdivision,

c. In an expansion to an existing manufactured home park or subdivision, or

d. 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 be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot (1') above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V and VE on the community's flood insurance rate map that are not subject to the provisions of subsection D1 of this section will be elevated so that either the:

a. Lowest floor of the manufactured home is elevated at least one foot (1') 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 and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

E. Standards For Recreational Vehicles:

1. All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map will either:

a. Be on the site for fewer than one hundred eighty (180) consecutive days;

b. Be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions; or

c. Meet the permit requirements of section 12-1-4 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D1 of this section.

2. Recreational vehicles placed on sites within zones V1-30, V and VE on the community's flood insurance rate map will meet the requirements of subsection E1 of this section.

F. Floodways: Located within areas of special flood hazard established in subsection 12-1-3B of this chapter 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. 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 subsection F1 of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

G. Flood Related Erosion Prone Areas:

1. The floodplain administrator shall require permits for proposed construction and other development within all flood related erosion prone areas as known to the community.

2. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood related erosion and will not cause flood related erosion hazards or otherwise aggravate the existing hazard.

3. If a proposed improvement is found to be in the path of flood related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

4. Within zone E on the flood insurance rate map, a setback is required for all new development from the riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas and for other activities using temporary and portable structures only. (Ord. 95-001, 2-14-1995)

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 chapter 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 city 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 this chapter are quite rare.

A. Appeal Board:

1. The city council shall hear and decide requests for variances from the requirements of this chapter. In passing upon requests for variances, the city council 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 to 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 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. Any applicant to whom a variance is granted shall be given written notice by the city 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.

3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the federal insurance administration of the federal emergency management agency.

B. Conditions For Variances:

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 (1/2) 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 12-1-4 and 12-1-5 of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of an historic structure, as defined in section 12-1-2 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. In the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of this chapter.

5. 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 12-1-2 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 1 , cause fraud or victimization of the public, as defined in section 12-1-2 of this chapter, 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 subsections B1 through B5 of this section are satisfied and that the structure or other development is protected by methods that minimize flood damage 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 subsection A5 of this section and the purposes of this chapter, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 95-001, 2-14-1995)