Title 16
BUILDINGS AND CONSTRUCTION
Chapters:
16.04
Construction Codes
16.08
Mobile Homes
16.10
Signs
16.20
Floodplain Management
Chapter 16.04
CONSTRUCTION CODES
Sections:
16.04.010
Adopted.
16.04.020
16.04.021 Structural design
classifications.
16.04.025 Uniform Fire Code.
16.04.030 Uniform Mechanical Code.
16.04.040 Uniform Sign Code.
16.04.050 Uniform Code for the Abatement of
Dangerous Buildings.
16.04.060 Uniform Housing Code.
16.04.070 Uniform Plumbing Code.
16.04.080 National Electrical Code.
16.04.085 Uniform Administrative Code.
16.04.090
Appointment of officers--Contracts with other public agencies.
16.04.100 Cement or fireproof floors for garages.
16.04.110 Fees and charges.
16.04.120 Exemptions.
16.04.140
Search warrant required for certain inspections.
16.04.150 Violations——Designated.
16.04.160
Violations——Penalty.
16.04.010 Adopted. The city
council adopts the Uniform Building Code, 1994 Edition; Uniform Fire Code, 1994
Edition; Uniform Mechanical Code, 1994 Edition; Uniform Sign Code, 1994
Edition; Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition;
Uniform Housing Code, 1994 edition; Uniform Plumbing Code, 1994 Edition;
National Electric Code, 1993 Edition; and Uniform Administrative Code, 1994
Edition, and each of them, for the city, each forming a part of this code, more
specific description of which respective codes are set forth in this chapter.
16.04.020
16.04.021 Structural design classifications. A. Allowable Soil Bearing
Pressure. Footings for structures which meet the requirements of Section 1805
of the Uniform Building Code shall be sized using allowable soil pressure of
one thousand five hundred psf for total loads unless
otherwise dictated in writing by a registered civil engineer or architect. All
other structures shall have a foundation report prepared by a civil engineer.
The report shall be in written form and shall include the information required
in Section 1804.3.
B.
Wind Design Criteria.
1. Buildings: The minimum basic wind speed
for determining design wind pressure shall be ninety miles per hour.
2. Exposure: Exposure C in Table 16-G shall
be utilized for determining building or structure design.
3. Signs: A horizontal pressure of fifty psf, and a
vertical pressure of thirty—five psf acting
upward or downward for the worst case combination with the horizontal pressure
shall be utilized when designing signs and signposts. Allowable soil lateral
bearing value for embedded sign supports shall be one hundred fifty psf per Table 18-1-A plus short term increases as per the
applicable footnotes. Higher soil values may be used if recommended by a civil
engineer in a written foundation report for the subject site.
C.
Seismic Design Requirements. The city is located in Seismic Zone 3.
D.
Snow Load Requirements. Snow load design shall comply with Section 2305(d)
using a roof snow load of sixty psf for commercial
buildings and forty psf for residential buildings.
Other loading effects of snow including unbalanced load, eaves, drift loading,
etc., shall be computed using the Appendix Chapter 23, Division T, omitting
Section 2318, and using a Pf of sixty psf for
commercial buildings and a Pf of forty psf for
residential buildings.
16.04.025 Uniform Fire Code. All of the provisions of
the Uniform Fire Code, 1994 Edition, published by the International Conference
of Building Officials and the Western Fire Chiefs Association, hereinafter
termed “the fire code,” and each and all of the regulations, provisions,
penalties and terms of such fire code, one copy of which code has been filed
for use and examination by the public in the office of the city clerk, are
referred to by this section and are adapted and made a part of this chapter, the
same as if fully set forth in this chapter, and are adopted as sections of this
chapter, bearing the same numerical sections, designations and titles as appear
in said fire code.
16.04.030 Uniform Mechanical Code. All of the provisions of
the Uniform Mechanical Code, 1994 Edition, published by the International
Conference of Building Officials, hereinafter termed “the mechanical code,” and
each and all of the regulations, provisions, penalties, conditions and terms of
such mechanical code, one copy of which code has been filed for use and
examination by the public in the office of the city clerk, are referred to by
this section and are adopted and made a part of this chapter, the same as if
fully set forth in this chapter, and are adopted as sections of this chapter,
bearing the same numerical sections, designations and titles as appear in said
mechanical code.
16.04.040 Uniform Sign Code. All of the provisions of
the Uniform Sign Code, 1994 Edition, published by the International Conference
of Building Officials, hereinafter termed “the sign code,” and each and all of
the regulations, provisions, penalties, conditions and terms of such sign code,
one copy of which code has been filed for use and examination by the public in
the office of the city clerk, are referred to by this section and are adopted
and made a part of this chapter, the same as if fully set forth in this
chapter, and are adopted as sections of this chapter, bearing the same
numerical sections, designations and titles as appear in said sign code.
16.04.050 Uniform Code for the Abatement of Dangerous
Buildings.
All of the provisions of the Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, published by the International Conference of Building
Officials, hereinafter termed “the abatement code,” and each and all of the
regulations, provisions, penalties, conditions and terms of such abatement
code, one copy of which code has been filed for use and examination by the
public in the office of the city clerk, are referred to by this section and are
adopted and made a part of this chapter, the same as if fully set forth in this
chapter, and are adopted as sections of this chapter, bearing the same
numerical sections, designations and titles as appear in said abatement code.
16.04.060 Uniform Housing Code. All of the provisions of
the Uniform Housing Code, 1994 Edition, published by the International
Conference of Building Officials, hereinafter termed “the housing code,” and
each and all of the regulations, provisions, penalties, conditions and terms of
such housing code, one copy of which code has been filed for use and
examination by the public in the office of the city clerk, are referred to by
this section and are adopted and made a part of this chapter, the same as if
fully set forth in this chapter, and are adopted as sections of this chapter,
bearing the same numerical sections, designations and titles as appear in said
housing code.
16.04.070 Uniform Plumbing Code. All of the provisions of
the Uniform Plumbing Code, 1994 Edition, published by the Association of
Plumbing and Mechanical Officials, hereinafter termed “the plumbing code,” and
each and all of the regulations, provisions, penalties, conditions and terms of
such plumbing code, one copy of which code has been filed for use and
examination by the public in the office of the city clerk, are referred to by
this section and are adopted and made a part of this chapter, the same as if
fully set forth in this chapter, and are adopted as sections of this chapter,
bearing the same numerical sections, designations and titles as appear in said
plumbing code.
16.04.080 National Electrical Code. All of the provisions of
the National Electrical Code, 1993 Edition, published by the National Fire
Protection Association, hereinafter termed “the electrical code,” and each and
all of the regulations, provisions, penalties, conditions and terms of such
electrical code, one copy of which code has been filed for use and examination
by the public in the office of the city clerk, are referred to by this section
and are adopted and made a part of this chapter, the same as if fully set forth
in this chapter, and are adopted as sections of this chapter, bearing the same
numerical sections, designations and titles as appear in said electrical code.
16.04.085 Uniform Administrative Code. All of the provisions of
the Uniform Administrative Code, 1994 Edition, published by the International
Conference of Building Officials, hereinafter termed “the administrative code,”
and each and all of the regulations, provisions, penalties, conditions and
terms of such administrative code, one copy of which code has been filed for
use and examination by the public in the office of the city clerk, are referred
to by this section and are adopted and made a part of this chapter, the same as
if fully set forth in this chapter, and are adopted as sections of this
chapter, bearing the same numerical sections, designations and titles as appear
in said administrative code.
16.04.090 Appointment of
officers--Contracts with other public agencies. The establishment or
creation by the codes adopted in this chapter of officers, such as inspectors,
shall not require the city to appoint the said officers immediately. The city
council may enter into contracts and engagements with other public agencies
where permitted by general law for the performance of services and duties as
may be required and for the enforcement of these codes.
16.04.100 Cement or fireproof
floors for garages. Nothing in the Uniform Building, Plumbing and Electrical Codes
of the city, adopted and composed in this chapter, shall be construed as
requiring a cement or fireproof floor or foundation under any garage in
instances where twenty— five percent or less of the floor area of such garage
is being replaced or repaired. Any such existing garage may be moved without
the placement of a cement foundation under said garage provided the garage may
be moved without the necessity of any alterations or change whatsoever.
16.04.110 Fees and charges. Fees and charges shall be
established in the codes adopted by this chapter or as may be hereafter adopted
by the city council by resolution.
16.04.120 Exemptions. The provisions of the codes
adopted in this chapter shall not apply to any buildings or structures which are
used as dwellings for the owner or operator or for persons employed in
agricultural pursuits upon said property, or which are accessory to such
dwellings, or to the agricultural development or use of said property; the
intent and purpose of this exception being to exempt all agricultural
operations on agricultural properties of two and one—half acres or more in
area. An owner of such property may obtain the services of the building
inspector, provided he apply for permits and pay the fees therefor.
16.04.140 Search warrant required
for certain inspections. If any person objects to inspection without
warrant pursuant to Section 202(d) of the building code, Section 202(c) of the
mechanical code, Section 201(b) of the housing code, Section 201(c) (3) of the
abatement code, Section 103(b) of the sign code and Section 202(c) of the
plumbing code, or any one of said sections, no such inspection shall be made
unless and until search warrant or other authority for such inspection has been
secured as provided by law, nor shall any refusal to permit such inspection
without warrant be deemed a violation of any of said sections irrespective of
the provisions thereof.
16.04.150 Violations--Designated.
A. It is unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use,
occupy or maintain any building, structure, sign, sign structure, mechanical
system, building service equipment, plumbing, gas, or drainage piping work, or
any fixture of water heating or treating equipment, or cause or permit the same
to be done in violation of any of the provisions of any of the codes adopted by
this chapter, or without first having obtained an appropriate permit, if
required by any such code. No owner or occupant or any other person, firm or
corporation having charge, care or control of any building or premises shall
fail or neglect, after proper demand is made, to properly permit entry therein
by the administrative authority or his authorized representative, for the
purpose of inspection and examination pursuant to any code adopted by this
chapter.
B. It is unlawful for any person operating or maintaining any occupancy, premises or vehicle subject to the fire code, who shall permit any fire hazard to exist on premises under his control, or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the chief or his duly authorized representative.
C. It is unlawful for any person, firm or corporation to do or perform any electrical work of any type or nature in the city, or cause the same to be done, contrary to or in violation of any of the provisions of the electrical code.
16.04.160 Violations——Penalty.
Any person, firm or corporation violating any of the provisions of this chapter
shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this chapter is
committed, continued or permitted and, upon conviction of any such violation,
such person shall be punishable by a fine of not more than three hundred
dollars, or by imprisonment for not more than ninety days, or by both such fine
and imprisonment.
Chapter 16.08
MOBILE HOMES
Sections:
16.08.010 Definitions.
16.08.020 Use for living, sleeping or commercial purposes--Prohibited outside mobile home park.
16.08.030
Exemptions.
16.08.040 Use for living, sleeping or commercial purposes--Presumed if connected to utilities.
16.08.050 Penalty for violation.
16.08.010 Definitions. For the purpose of this
chapter, certain words and phrases are defined as follows:
A. “Camp car” means a vehicle, with or without motor power, which is designed or used for human habitation.
B. “Mobile home” means a vehicle, other than a motor vehicle, designed or used for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle.
C. “Trailer coach” means a vehicle, other than a motor vehicle, designed or used for human habitation, or human occupancy, for industrial, professional or commercial purposes, for carrying persons and property on its own structure, and for being drawn by a motor vehicle.
D. “Travel trailer” means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provision of the vehicle code.
16.08.020 Use for living, sleeping
or commercial purposes--Prohibited outside mobile home park.
It is unlawful for any person to occupy, live in, use for sleeping quarters or
use for commercial or business purposes any mobile home, trailer coach, travel
trailer or camp car within the city except in a mobile home park authorized and
operated pursuant to Part 2.1, Division 13, of the Health and Safety Code of
the state.
16.08.030 Exemptions. This chapter shall not
apply to any area within the city owned, operated and maintained by the federal
government, the state of
16.08.040 Use for living, sleeping
or commercial purposes---Presumed if connected to utilities. It shall be
presumed, for purposes of enforcement of this chapter, that any mobile home,
trailer coach, travel trailer or camp car which is connected to an external
source of electricity, gas, water or sewage disposal
is being used as living or sleeping quarters or for commercial purposes.
16.08.050 penalty for violation. Every person violating this
chapter shall be deemed guilty of a misdemeanor, and shall be punished by a
fine not exceeding five hundred dollars, or by imprisonment not exceeding six
months, or by both such fine and imprisonment. Every violator of the provisions
of this chapter shall be deemed guilty of a separate offense for each and every
day such violation shall continue, and shall be subject to the penalty imposed
by this section for each and every such separate offense.
Chapter 16.10
SIGNS
Sections:
16.10.010 Findings of the city council.
16.10.020
Basic wind speed established.
16.10.030
Existing nonconforming signs.
16.10.040 Display surfaces.
16.10.010 Findings of the city council. The city council finds as
follows:
A.
That terrain features and local records applicable to the city indicate that fifty-year
wind speeds at standard height are greater than those shown in Figure 4 of
Chapter 23 of the Uniform Building Code, 1982 Edition, published by the
International Conference of Building Officials, hereinafter termed the building
code;
B.
That the actual fifty—year wind speeds at standard height in the city are
ninety miles—per—hour or more; and
C.
That there are signs erected or existing within the city which have not been
designed or constructed to resist a basic wind speed of ninety miles—per—hour,
and that such signs are dangerous to life.
16.10.020 Basic wind speed
established. For the purpose of applying and enforcing the Uniform Sign
Code, 1982 Edition, published by the International Conference of Building Officials,
hereafter referred to as the sign code, and all subsequent editions thereof as
may be adopted by the city council, and for the purpose of applying and
enforcing the provisions of the building code, and all subsequent editions
thereof as may be adopted by the city council, the basic wind speed applicable
to the city, referred to in Section 2311(b) and Table 23—F, of the building
code, is established to be ninety miles—per--hour.
16.10.030 Existing
nonconforming signs. A. The provisions of this chapter shall be applicable
to those signs erected, reerected, constructed or
altered after the effective date of this chapter, for which the application for
a use permit would be required by the sign code.
B. In addition to the signs referred to in subsection (A) of this section, all existing signs not conforming with requirements of the building code, the sign code and this chapter relating to their resistance to wind forces, shall be deemed nonconforming and shall be brought into compliance therewith within six months of the effective date of the ordinance codified in this chapter; provided, however, that any person, firm or corporation owning, using or maintaining any such nonconforming sign, or causing the same to be owned, used or maintained may apply in writing to the city council for a waiver of the provisions of this subsection relating to nonconforming signs. Upon receiving such application, and after giving the applicant an opportunity to be heard, the city council may grant the request for a waiver upon first making a finding that, due to the special circumstances applicable to the sign or sign structure and to the property upon which the same is situated, the nonconforming sign is not dangerous to life. It shall be the burden of the applicant for any such waiver to produce sufficient evidence, at the applicant’s expense, to prove the safety thereof to the satisfaction of the city council.
16.10.040 Display surfaces,
the building official shall, in his reasonable discretion, be authorized to
waive the basic wind speed requirements and standards set forth in the
building, the sign code and this chapter with regard to the display surface
only of signs, if the building official finds that such display surfaces,
although not in conformance with the aforesaid requirements and standards
relating to basic wind speed, nevertheless do not constitute a dangerous
condition. Methods of eliminating the dangerous condition which may he
considered by the building official may include, without necessarily being limited
to, one or more of the following:
A. Display surfaces constructed or manufactured of cloth or other materials which would not produce injury in the event that the display surfaces become dislodged due to high winds;
B. Wire or other type of encagement surrounding the display surfaces which would prevent the display surfaces or parts thereof from falling to the ground in the event that they were dislodged due to high wind speeds.
It shall be the burden of the proponent of any such proposed method of eliminating the dangerous condition to produce sufficient evidence, at the proponent’s expense, to prove the safety thereof to the reasonable satisfaction of the building official. Such proof may, if necessary, require the certification of a properly licensed engineer or other professional person.
Chapter
16.20
FLOODPLAIN MANAGEMENT
Sections:
I. STATUTORY AUTHORIZATION,
FINDINGS OF’ FACT, PURPOSE AND METHODS
16.20.010
Statutory authorization.
16.20.020 Findings of fact.
16.20.030 Statement of purpose.
16.20.040 Methods of
reducing flood losses.
II. DEFINITIONS
16.20.100 Definitions.
III. GENERAL PROVISIONS
16.20.200 Lands to which this chapter applies.
16.20.210 Basis for establishing the areas of
special flood hazard.
16.20.220 Compliance.
16.20.230 Abrogation and greater restrictions.
16.20.240 Interpretation.
16.20.250 Warning and disclaimer of liability.
16.20.260 Severability.
IV. ADMIMISTRATION
16.20.300 Establishment of development permit.
16.20.310 Designation of the floodplain
administrator.
16.20.320 Duties and responsibilities of the
floodplain administrator.
16.20.330 Appeals.
V. PROVISIONS FOR FLOOD
HAZARD REDUCTION
16.20.400 Standards of construction.
16.20.410 Standards for utilities.
16.20.420 Standards for subdivisions.
16.20.430 Standards for manufactured homes.
16.20.440 Standards for recreational vehicles.
16.20.450 Floodways.
VI. VARIANCE PROCEDURE
16.20.500 Nature of variances.
16.20.510 Appeal board.
16.20.520
Conditions for variances.
I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
16.20.010 Statutory
authorization. The Legislature of the State of
16.20.020 Findings of fact. A. The flood hazard areas
of city of
B.
These flood losses are caused by uses that are inadequately elevated, flood
proofed, or protected from flood damage. The cumulative effect of obstructions
in areas of special flood hazards, which increase flood heights and velocities,
also contribute to the flood loss.
16.20.030 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:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas
of special flood hazard;
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to minimize
future blighted areas caused by flood damage;
G.
Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
l6.20.040 Methods of reducing flood losses. In
order to accomplish its purposes, this chapter includes methods and provisions
to:
A. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B.
Require that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
C.
Control the alteration of natural floodplains, stream channels and natural
protective barriers, which help accommodate or channel floodwaters;
D.
Control filling, grading, dredging and other development which may increase
flood damage; and
E.
Prevent or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
II. DEFINITIONS
16.20.100 Definitions. Unless specifically defined
in this section, 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” means a use that is incidental and subordinate to the principal use of the
parcel of land on which it is located.
“Alluvial
fan” means a geomorphologic feature characterized by a cone or fan—shaped
deposit of boulders, gravel and fine sediments that have been eroded from
mountain slopes, transported by flood flows, and then deposited on the valley
floors, and which is subject to flash flooding, high velocity flows, debris
flows, erosion, sediment movement and deposition, and channel migration.
“Apex”
means the point of highest elevation 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”
means a request for a review of the floodplain administrator’s interpretation
of any provision of this chapter.
“Area
of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate
Map (FIRM) . The base flood depths range from one to
three feet; 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 “Special flood hazard
area.”
“Base
flood” means a flood which has a 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.
“Basement”
means any area of the building having its floor subgrade
(i.e., below ground level) on all sides.
Building. See “Structure”.
“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.
“Encroachment”
means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
“Existing
manufactured home park or subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date
of the floodplain management regulations adopted by a community.
“Expansion
to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the
pouring of concrete pads)
“Flood,
flooding or flood water” means:
1. A general and temporary condition of
partial or complete inundation of normally dry land areas from the overflow of
inland or tidal waters; the unusual and rapid accumulation or runoff of surface
waters from any source; and/or mudslides (i.e., mudflows); and
2. The condition resulting from flood—related
erosion.
“Flood
Boundary and Floodway Map (FBFM)” means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the floodway.
“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.
“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.
“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.
“Floodplain
or flood—prone area” means any land area susceptible to being inundated by
water from any source (see “Flooding”)
“Floodplain
administrator” is the individual appointed to administer and enforce the
floodplain management regulations.
“Floodplain
management” means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations and open space plans.
“Floodplain
management regulations” means this chapter and other zoning chapters,
subdivision regulations, building codes, health regulations, special purpose
chapters (such as grading and erosion control) and other application of police
power that control development in flood—prone areas. This term describes
federal, state or local regulations in any combination thereof that provide
standards for preventing and reducing flood loss and damage.
“Flood
proofing” means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities,
structures and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB
3—93 and TB 7—93 for guidelines on dry and wet flood proofing.)
“Floodway”
means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also
referred to as “regulatory floodway”.
“Floodway
fringe” is that area of the floodplain on either side of the “regulatory
floodway” where encroachment may be permitted.
“Fraud
and victimization” as related to Section 16.20.500 et seq., of this chapter, means
that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the city council will 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 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” means a use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities,
and does not include long-term storage or related manufacturing facilities.
“Governing
body” means the local governing unit, i.e. county or municipality that is
empowered to adopt and implement regulations to provide for the public health,
safety and general welfare of its citizenry.
“Hardship”
as related to Section 16.20.500 et seq., of this chapter means the exceptional
hardship that would result from a failure to grant the requested variance. The
city council 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” means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
“Historic
structure” means any structure that is:
1. Listed individually in the National
Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the secretary of the interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by
the secretary of the interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined by the
secretary to qualify as a registered historic district;
3. Individually listed on a state inventory
of historic places in states with historic preservation programs which have
been approved by the secretary of interior; or
4.
Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the secretary of the interior or directly by the
secretary of the interior in states without approved programs.
“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.
“Levee
system” means a flood protection system that consists of a levee or levees, and
associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
“Lowest
floor” means the lowest floor of the lowest enclosed area, including basement
(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 flood—proofing standard in
subsection 16.20.400(C)(3);
b. The anchoring standards in subsection
16.20.400 (A);
c. The construction materials and methods
standards in subsection 16.20.400(B); and
d. The standards for utilities in Section
16.20.410.
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.
“Manufactured
home” means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term “manufactured
home” does not include a “recreational vehicle.”
“Manufactured
home park or subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“Market
value” is determined by estimating the cost to replace the structure in new
condition and adjusting that cost figure by the amount of depreciation that has
accrued since the structure was constructed. The cost of replacement of the
structure shall be based on a square foot cost factor determined by reference
to a building cost estimating guide recognized by the building construction
industry. The amount of depreciation shall be determined by taking into account
the age and physical deterioration of the structure and functional obsolescence
as approved by the floodplain administrator, but shall not include economic or
other forms of external obsolescence. Use of replacement costs or accrued
depreciation factors different from those contained in recognized building cost
estimating guides may be considered only if such factors are included in a
report prepared by an independent professional appraiser and supported by a
written explanation of the differences.
“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.
“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” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by this community.
“Obstruction”
means and 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.
“One
hundred—year flood” or “100—year flood.” See “Base flood.”
“Public
safety and nuisance as related to Section 16.20.500 et seq., 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.
“Recreational
vehicle” means a vehicle that is built on a single chassis; is four hundred
square feet or less when measured at the largest horizontal projection; is
designed to be self—propelled or permanently towable
by a light-duty truck; and is designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel or
seasonal use.
“Regulatory
floodway” means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
“Remedy a violation” means to bring the structure or
other development into compliance with state or local floodplain management
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 the chapter or otherwise deterring future similar violations, or
reducing state or federal financial exposure with regard to the structure or
other development.
“Riverine” means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
Sheet flow area. See “Area of shallow
flooding”.
“Special
Flood Hazard Area (SEHA)” means an area in the floodplain subject to a one
percent or greater chance of flooding in any given year. It is shown on an FHBM
or FIRM as Zone A, AO, Al—A30, AE, A99 or AH.
“Start
of construction” means and 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
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufacture 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”
means a walled and roofed building that is principally aboveground; this
includes a gas or liquid storage tank or a manufactured home.
“Substantial
damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed fifty percent of the market value of the
structure before the damage occurred.
“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 that 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 would not preclude the structure’s continued
designation as a “historic structure”.
“Variance”
means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
“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.
“Water
surface elevation” means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“Watercourse”
means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may
occur.
III. GENERAL PROVISIONS
16.20.200 Lands to which this chapter applies. This chapter shall apply to
all areas of special flood hazards within the jurisdiction of the city of
16.20.210 Basis for establishing the areas of special
flood hazard.
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 July 20, 1981 and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and
Floodway Maps (FBFMs) ,
dated January 20, 1982, and all subsequent amendments and/or revisions, are
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 council by the floodplain
administrator. The study, FIRMs and FBFMs are on file at
16.20.220 Compliance. No structure or land shall
hereafter be constructed, located, extended, converted, or altered without full
compliance with the term 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.
16.20.230 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 chapter, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
16.20.240 Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
A.
Considered as minimum requirements;
B.
Liberally construed in favor of the city council; and
C.
Deemed neither to limit nor repeal any other powers granted under state
statutes.
16.20.250 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
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 city council, any officer or employee thereof, the state of
16.20.260 Severability. This chapter and the
various parts thereof are 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.
IV. ADMINISTRATION
16.20.300 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 Section 16.20.210. 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:
A.
Site plan, including but not limited to:
1. For
all proposed structures, spot ground elevations at building corners and
twenty-foot or smaller intervals along the foundation footprint, or one foot
contour elevations throughout the building site;
2. Proposed locations of water supply,
sanitary sewer and utilities;
3. If available, the base flood elevation
from the Flood Insurance Study and/or Flood Insurance Rate Map; and
4. If applicable, the location of the
regulatory floodway.
B.
Foundation design detail, including but not limited to:
1. Proposed elevation in relation to mean sea
level, of the lowest floor (including basement) of all structures;
2. For a crawl—space foundation, location and
total net area of foundation openings as required in subsection 16.20.400(C)(3)
of this chapter and FEMA Technical Bulletins 1—93 and 7—93; and
3. For foundations placed on fill, the
location and height of fill, and compaction requirements (compacted to
ninety-five percent using the Standard Proctor Test method)
C.
Proposed elevation in relation to mean sea level to which any nonresidential
structure will be flood proofed, as required in subsection 16.20.400(C)(2) of
this chapter and FEMA Technical Bulletin TB 3-93;
D.
All appropriate certifications listed in subsection 16.20.320(D) of this
chapter; and
E.
Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
16.20.310 Designation of the floodplain administrator. The city administrator or
his or her designated representative is appointed to administer, implement and
enforce this chapter by granting or denying development permits in accord with
its provisions.
16.20.320 Duties and responsibilities of the floodplain
administrator.
The duties and responsibilities of the floodplain administrator shall include,
but not be limited to the following:
A.
Permit Review. Review all development permits to determine that:
1. Permit requirements of this chapter have
been satisfied;
2. All other required state and federal
permits have been obtained;
3. The site is reasonably safe from flooding;
and
4. 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.
B.
Review, Use and Development of Other Base Flood Data.
1. When base flood elevation data has not
been provided in accordance with Section 16.20.210, 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 16.20.400 et seq. Any such information
shall be submitted to the city council for adoption; or
2. If no base flood elevation data is
available from a federal or state agency or other source, then a base flood
elevation shall be obtained using one of two methods from the FEMA publication
“Managing Floodplain Development in Approximate Zone A Areas——A Guide for
Obtaining and Developing Base (one hundred—year) Flood Elevations” dated July
1995 in order to administer Section 16.20.400 et seq:
a. Simplified method.
i. One
hundred—year or base flood discharge shall be obtained using the appropriate
regression equation found in a U.S. Geological Survey publication, or the
discharge drainage area method, and
ii. Base flood elevation shall be
obtained using the Quick-2 computer program developed by FEMA.
b. Detailed method. The one hundred—year or
base flood discharge and the base flood elevation shall be obtained using
detailed methods identified in FEMA Publication 265, published in July 1995 and
titled: “Managing Floodplain Development in Approximate Zone A Areas--A Guide
for Obtaining and Developing Base (one hundred—year) Flood Elevations”.
C.
Notification of Other Agencies. In alteration or relocation of a watercourse:
1. Notify adjacent communities and the
California Department of Water Resources prior to alteration or relocation;
2. Submit evidence of such notification to
the Federal Insurance Administration, Federal Emergency Management Agency; and
3. Assure that the flood carrying capacity
within the altered or relocated portion of such watercourse is maintained.
D.
Documentation of Floodplain Development. Obtain and maintain for public inspection
and make available, as needed, the following:
1. Certification required by subsection l6.20.400(C}(l) and Section 16.20.430 (lowest floor
elevations);
2. Certification required by subsection
16.20.400(C)(2) (elevation or flood proofing of
nonresidential structures);
3. Certification required by subsection
16.20.400(C)(3) (wet flood proofing standard);
4. Certification of elevation required by
subsection 16.20.420(B) (subdivision standards);
5. Certification required by subsection
16.20.450(A) (floodway encroachments).
E.
Map Determinations. Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazard. Where there appears to
be a conflict between a mapped boundary and actual field conditions, grade and
base flood elevations shall be used to determine the boundaries of the special
flood hazard area. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in
Section 16.20.500 et seq.
F.
Remedial Action. Take action to remedy violations of this chapter as specified
in Section 16.20.220.
16.20.330 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.
V. PROVISIONS FOR FLOOD HAZARD REDUCTION
16.20.400 Standards of construction. In all areas of special
flood hazards the following standards are required:
A.
Anchoring.
1. 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;
2. All manufactured homes shall meet the
anchoring standards of Section 16.20.430.
B.
Construction Materials and Methods. All new construction and substantial
improvement shall be constructed:
1. With flood
resistant materials as specified in FEMA Technical Bulletin TB 2-93, and
utility equipment resistant to flood damage;
2. Using methods and practices that minimize
flood damage;
3. 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
4. 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.
C.
Elevation and Floodproofing. (See Section 16.20.100
definitions for “basement,” “lowest floor,” “new construction,” “substantial
damage” and “substantial improvement”.
1. Residential construction, new or
substantial improvement, shall have the lowest floor, including basement;
a. In an AO zone, elevated above the
highest adjacent grade to a height equal to or exceeding the depth number
specified in feet on the FIRM, or elevated at least two feet above the highest
adjacent grade if no depth number is specified,
b. In an A zone,
elevated to or above the base flood elevation; said base flood elevation shall
be determined by one of the methods in subsection 16.20.320(B) of this chapter,
c. In all other zones, elevated to or 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,
and verified by the community building inspector to be properly elevated. Such
certification and verification shall be provided to the floodplain
administrator.
2. Nonresidential construction, new or
substantial improvement, shall either be elevated to conform with subsection (C)(1) of this section or together with attendant utility and
sanitary facilities:
a. Be flood proofed below the elevation
recommended under subsection (C)(1) of this section so
that the structure is watertight with walls substantially impermeable to the
passage of water,
b. Have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and
c. Be certified by a registered
professional engineer or architect that the standards of this section are
satisfied. Such certification shall be provided to the floodplain
administrator.
3. 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 shall follow the
guidelines in FEMA Technical Bulletins TB 1-93 and TB 7—93, and must exceed the
following minimum criteria:
a. 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, or
b. Be certified by a registered
professional engineer or architect.
4. Manufactured homes shall also meet the
standards in Section 16.20.430.
16.20.410 Standards for utilities. A. All new and replacement
water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
1. Infiltration of flood waters into the
systems; and
2. Discharge from the systems into flood
waters.
B.
On—site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
16.20.420 Standards for subdivisions. A. All preliminary
subdivision proposals shall identify the special flood hazard area and the
elevation of the base flood.
B.
All subdivision plans will 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.
C.
All subdivision proposals shall be consistent with the need to minimize flood
damage.
D.
All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage.
E.
All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
16.20.430 Standards for manufactured homes. A. All manufactured homes
that are placed or substantially improved, within Zones Al—30, AH and AE on the
community’s Flood Insurance Rate Map, on sites located:
1. Outside of a manufactured home park or
subdivision;
2. In a new
manufactured home park or subdivision;
3. In an expansion to an existing
manufactured home park or subdivision; or
4. 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 to or above the
base flood elevation and be securely fastened to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
B.
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 A of this section will be securely
fastened to an adequately anchored foundation system to resist flotation,
collapse and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is
at or above the base flood elevation (the state of
2. 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 in height above—grade.
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 community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
16.20.440 Standards for recreational vehicles. A. All recreational
vehicles placed on sites within Zones A1—30, AH and AE on the community’s Flood
Insurance Rate Map will either:
1. Be on the site for fewer than one hundred
eighty consecutive days, and 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
2. Meet the permit requirements of Section
16.20.300 et seq. of this chapter and the elevation and anchoring requirements
for manufactured homes in subsection 16.20.430(A).
B.
Recreation 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 A
of this section.
16.20.450 Floodways. Located within areas of
special flood hazard established in Section 16.20.210 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:
A.
Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer is provided demonstrating that encroachments shall not
result in any increase in the base flood elevation during the occurrence of the
base flood discharge.
B. If subsection A of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 16.20.400 et seq.
VI. VARIANCE PROCEDURE
16.20.500 Nature of variances. The variance criteria set
forth in this section of the chapter are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal
in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this 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 council 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 chapter 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.
16.20.510 Appeal board. A. 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
the:
1. Danger that materials may be swept onto
other lands to the injury of others;
2. Danger of life and property due to
flooding or erosion damage;
3. 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;
4. Importance of the services provided by the
proposed facility to the community;
5. Necessity to the facility of a waterfront
location, where applicable;
6. Availability of alternative locations for
the proposed use that are not subject to flooding or
erosion damage;
7. Compatibility of the proposed use with
existing and anticipated development;
8. Relationship of the proposed use to the
comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in time
of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate
of rise, and sediment transport of the flood waters expected at the site; and
11. 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.
B.
Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
1. The issuance of a variance to construct 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 for one hundred
dollars of insurance coverage, and
2. 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.
C.
The floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in
its biennial report submitted to the Federal Insurance Administration, Federal
Emergency Management Agency.
16.20.520 Conditions for variances.
A. 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 16.20.300 and 16.20.400 et seq. of this chapter have
been fully considered. As the lot size increases beyond one—half acre, the
technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of “historic
structures” (as defined in Section 16.20.100 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.
C.
Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D.
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 city council 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 council believes
will both provide relief and preserve the integrity of the local chapter.
E.
Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the
variance would result in exceptional “hardship” (as defined in Section
16.20.100 of this chapter) to the applicant; and
3. 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 16.20.100 — see “Public safety or nuisance”), cause fraud or
victimization (as defined in Section 16.20.100) of the public, or conflict with
existing local laws or chapters.
F.
Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of subsections (A) through (F) of
this section are satisfied and that the structure or other development is
protected by methods that minimize flood damages during the base flood and does
not result in additional threats to public safety and does not create a public
nuisance.
G.
Upon consideration of the factors of subsection 16.20.510(A) and the purposes
of this chapter, the city council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.