Ventura Municipal Code § 24.320.010 Chapter description

This chapter establishes the floodplain (FP) overlay zone to protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 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; and assist in notifying potential buyers that property is in an area of special flood hazard. (Code 1971, § 15.420.010; Ord. No. 2004-017, § 2, 8-2-04)

The FP overlay zone is intended to provide for different land use regulations for areas that are located within the coastal zone as shown on the official zoning district map and that are subject to flooding during a base year flood as defined in Chapter 24.110. For those areas designated as being in the FP overlay zone and adjoining rivers or the ocean, the intent is to restrict land uses to those of an open or temporary character, to minimize the improvements necessary to protect properties from flooding and to prohibit uses with permanent structures or substantial improvements above the level of the natural grade of the land.

Further, it is the intent that no preexisting use already permitted pursuant to this zoning ordinance shall require approval of a floodplain overlay zone development permit, except as may be required by Section 24.320.120; provided, that any and all required zoning approvals remain valid. (Code 1971, § 15.420.020; Ord. No. 2004-017, § 2, 8-2-04)

The provisions of this chapter shall apply only within any area designated as within the floodplain (FP) overlay zone as shown on the official zoning district map. The provisions of this chapter shall apply in addition to all applicable provisions and standards of the underlying zone. (Code 1971, § 15.420.030; Ord. No. 2004-017, § 2, 8-2-04)

Before any construction activity or any other development, other than the initiation of temporary uses pursuant to Section 24.320.100, may be carried out within any areas identified on the official zoning district map as being within the FP overlay zone, a floodplain overlay zone development permit shall be approved therefor pursuant to Chapter 24.530. (Code 1971, § 15.420.040; Ord. No. 2004-017, § 2, 8-2-04)

The degree of flood protection required by this chapter is based upon engineering and other scientific considerations. Larger floods can and will occur. Flood heights may be increased by human-made or natural causes. This chapter does not imply that the land outside the area of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. (Code 1971, § 15.420.050; Ord. No. 2004-017, § 2, 8-2-04)

24.320.060, 24.320.070 Reserved.

Editor’s note(s): Ord. No. 2004-017, Section 2, adopted August 2, 2004, repealed Sections 24.320.060 and 24.320.070 which pertained to permitted uses in subareas A and B and restrictions on development in subareas A and B, respectively, and derived from Code 1971, Sections 15.420.060 and 15.420.070.

The following uses may be permitted in areas of the FP overlay zone other than subareas A and B, subject to the approval of a floodplain overlay zone development permit:

A. Agricultural.

Animal Husbandry.

Crop Production.

Horticulture: Cultivation.

B. General.

Farmers’ Market, Certified.

Recreation: Outdoor Sports and Recreation.

Recreation: Public Parks and Playgrounds.

C. Other Uses. Other specific uses may be permitted as follows:

1. Flood control channel.

2. Fire training center.

3. Surface water spreading ground.

4. Stream bed retarding basin.

5. Wharves, docking facilities, breakwaters, and levees in the harbor.

6. Other public utilities or facilities which cannot be located elsewhere, and which are necessary to service permitted uses or preexisting, nonconforming uses.

7. Vehicle parking lots that do not permit overnight parking. (Code 1971, § 15.420.080; Ord. No. 2004-017, § 2, 8-2-04)

All construction activity and any and all other development shall comply with floodplain regulations adopted in Division 4 of Title 12, commencing with Section 12.410.010. (Code 1971, § 15.420.090; Ord. No. 2004-017, § 2, 8-2-04)

The following temporary uses may be permitted between May 1st and the end of any calendar year, subject to the issuance of a director’s permit pursuant to Chapter 24.505, and compliance with any terms and conditions imposed thereon:

A. Carnivals;

B. Fairs;

C. Circuses;

D. Rodeos;

E. Gymkhanas; and

F. Horse shows.

Application for the required director’s permit shall be made at least two weeks in advance of the event. Graphic representation of the location of the proposed activity and the appropriate fee shall accompany the director’s permit request. If approved, the director’s permit shall be for a specified limited time period. The director’s permit may be revoked for noncompliance with the terms and conditions attached thereto, or for noncompliance with any other provision of law, pursuant to Chapters 24.505 and 24.570. In addition, consistent with due process in the circumstances, the director’s permit may be revoked without notice or hearing for exigent public health or safety reasons. (Code 1971, § 15.420.100; Ord. No. 2004-017, § 2, 8-2-04; Ord. No. 2021-017, § 33, 12-13-21)

All other uses not expressly permitted by Section 24.320.080 or 24.320.100 shall be prohibited within the FP overlay zone, including, but not limited to, the following:

A. All temporary and permanent structures, except those expressly authorized in conjunction with a use allowed pursuant to Section 24.320.080, 24.320.100, or 24.320.120;

B. Uses within the Agricultural: Indoor Production use type;

C. Mobile homes;

D. All private sewage disposal systems or any parts thereof;

E. Landfills, dumps, or excavations of a similar nature;

F. Dumping, stockpiling, or storage of floatable substances or materials;

G. Commercial cattle feed yards;

H. Dairies;

I. Junk or salvage yards;

J. Billboards and other advertising structures;

K. Oil wells, storage tanks, or processing equipment;

L. Sources of domestic water supply, unless protected by flood control devices approved by the city engineer and the county environmental health department; and

M. Residential uses of any kind. (Code 1971, § 15.420.110; Ord. No. 2004-017, § 2, 8-2-04)

All preexisting uses in areas of the FP overlay zone that are not permitted pursuant to Section 24.320.080 or 24.320.100 are nonconforming uses subject to the provisions of Chapter 24.465; provided, that preexisting uses located in the M-1, M-2, and M-P-D zones may reconstruct in the event of fire, flood, or other catastrophic event; provided, that the replacement development is built in the same manner, to the same or lower intensity, and for the same use as was the former development. (Code 1971, § 15.420.120; Ord. No. 2004-017, § 2, 8-2-04)

All development carried out in conjunction with uses permitted pursuant to Section 24.320.080, 24.320.100 or 24.320.120 shall be required to meet all applicable standards of the underlying zone, except as otherwise provided in this title, in addition to all standards applicable to any floodplain overlay zone development permit pursuant to this chapter and Chapter 24.530. (Code 1971, § 15.420.130; Ord. No. 2004-017, § 2, 8-2-04)