HomeMy WebLinkAbout71.30 ORDINANCE NO. 71. 30
AN ORDINANCE OF THE Crr~ OF SARATOGA ADDING
ARTICLE 16-66 TO CHAPTER 16 OF THE CrrY CODE
PERTAINING TO FLOOD DAMAGE PREVENTION
The City Council of the City of Saratoga hereby ordains as follows:
SECTION h A new Article 16-66, entitled "Flood Damage Prevention," is
hereby added to Chapter 16 of the City Code, to read as follows:
"ARTICLE 16-66
FLOOD DAMAGE PREVENTION
Sections:
16-66.010 Findings of fact
16-66.020 Statement of purpose and methods
16-66.030 Definitions
16-66.040 General provisions
16-66.050 Requirement for floodplain permit
16-66.060 Designation of Floodplain Administrator
16-66.070 Duties and responsibilities of Floodplain Administrator
16-66.080 Standards of construction
16-66.090 Standards for utilities
16-66.100 Standards for subdivisions and building sites
16-66.110 Floodways
16-66.120 Variance procedure
16-66.130 Conditions for variances
S16-66.010 Findings of fact
The flood hazard areas of the City are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare. These flood losses are caused by the
cumulative effect of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
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$16-66.020 Statement of purpose and methods
(a) Statement of purpose. It is the purpose of this Article 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) To minimize prolonged business interruptions;
(5) To 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) To 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 blight areas;
(7) To insure that potential buyers are notified that property is in an
area of special flood hazard; and
(8) To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(b) Methods of reducing flood lo~ses. In order to accomplish its purposes,
this Article includes methods and provisions for:
(1) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or
channel flood waters;
(4) Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
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S16-66.030 Definitions
(a) Unless specifically defined in Paragraph (b) of this Section, words or
phrases used in this Artiele shah he interpreted so as to give them the meaning they
have in common usage and to give this Article its most reasonable application.
(b) For the purposes of this Article, the following words and phrases shall
have the meanings respectively aseribed to them by this Section:
(1) Appeal means a request for a review of the Floodplain
Administrator's interpretation of any provision of this Article or a
request for a variance.
(2) 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.
(3) Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year (also called the "100-year
flood").
(4) Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
(5) Breakaway WRll.~ are any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal,
plastic or any other suitable building material, which are not part
of the structural support of the building, and which are designed to
break away under abnormally high tides or wave action without
causing any damage to the structural integrity of the building on
which they are used or any buildings to which they might be carried
by flood waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and not more than twenty pounds
per square foot. Use of breakaway walls must he certified by a
registered engineer or architect and shall meet the following
conditions:
(i) Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
(ii) The elevated portion of the building shall not incur any
structural damage due to the effects of wind and water loads
acting simultaneously in the event of the base flood.
(6) Development means any man-made change to improved or
unimproved real property, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
(7) Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from (1)
the overflow of flood waters, (2) the unusual and rapid
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accumulation or runoff of surface waters from any source, and/or
(3) the coHapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or 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 flash flood, or by some similarly unusual
and unforeseeable event which results in flooding as defined in this
Paragraph.
(8) Flood Boundary and Floodway Map means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and
the floodway.
(9) 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.
(10) Flood Insurance Study means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
FIRM, the Flood Boundary and Floodway Map, and the water
surface elevation of the base flood.
(11) FloodplRin or flood-prone area means any land area susceptible to
being inundated by water from any source (see definition of
"flooding").
(12) Floodplsin management means the operation of an overall program
of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
(13) F10(Klplain management regulations means zoning ordinances,
subdivision regulations, building cedes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations in any
combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
(14) Flo~lproofing means any combination of structural and
nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real property or
improved real property, water and sanitary facilities, structures
and their contents.
(15) Flo~!way 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 eumulatively increasing the water surface
elevation more than one foot. Also referred to as "regulatory
floodway".
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(16) Functionally dependent use means a use which cannot perform its
intended purpose unless it is located or eartied out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of eargo
or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
(17) Highest adjacent grade means the highest natural elevation of the
ground surface prior to construction next to the proposed walls Of a
structure.
(18) Lowest floor means the lowest floor of the lowest enclosed area
fineluding 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 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 non-elevation
design requirements of this Article.
(19) 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.
(20) New oonstruetion means, for floodplain management purposes,
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
adopted by the City.
(21) One hundred year flood or 100-year flood means a flood which has
a one percent annual probability of being equalled or exceeded. It
is identical to the "base flood", which is the term used throughout
this Article.
(22) Person means any individual, firm, association, organization,
partnership, trust, corporation or company, or any agent of the
foregoing, or the State or its agencies or political subdivisions.
(23) 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 ordinance or otherwise deterring future similar violations, or
reducing Federal financial exposure with regard to the structure or
other development.
(24) Riverine means relating to, formed by, or resembling a river
(including tributaries), stream, brook, or creek.
(25) Special flood hazard area (SFHA) means an area having special
flood or flood-related erosion hazards, and shown on an FHBM or
FIRM as Zone A, AO, A1-30, AE, A99 or AH.
(26) 8tart of construction includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. 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. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets 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.
(27) Structure means a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground.
(28) Substantial improvement means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(i) before the improvement or repair is started; or
(ii) if the structure has been damaged, and is being restored,
before the damage occurred.
For the purpose of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
(i) any project for improvement of a structure to comply with
existing State or City health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
(ii) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
(29) ¥arianee means a grant of relief from the requirements of this
Article which permits construction in a manner that would
otherwise be prohibited by this Article.
(30) Violation means the failure of a structure or other development to
be fully compliant with the community's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in this Article is presumed to be in violation
until such time as that documentation is provided.
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~;16-66.040 General provisions
(a) Lands to which this Article applies. This Article shall apply to all areas
of special flood hazards within the City.
(b) Basis for establishing areas of special flood hazard. The areas of special
flood hazard identified by the Federal Emergency Management Agency or the
Federal Insurance Administration in a scientific and engineering report entitled
"Flood Insurance Study for the City of Saratoga, California," dated July, 1978, with
an accompanying Flood Insurance Rate Map is hereby adopted by reference and
declared to be a part of this Article. The Flood Insurance Study and Flood Insurance
Rate Map are on file in the office of the City Engineer. The areas described or
shown in the Flood Insurance Study and Flood Insurance Rate Map are the minimum
areas of applicability of this Article and may be supplemented by studies for other
areas which allow implementation of this Article and which are recommended to the
City Council by the Floodplain Administrator.
(c) Compliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of
this Article and other applicable regulations. Violations of the provisions of this
Article by failure to comply with any of its 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 Article is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this Article 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 Article, all
provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under
State statutes.
(f) Warnings and disclaimer of liability. The degree of flood protection
required by this Article 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 Article 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
Article shall not create liability on the part of the City or any officer, official, or
employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this Article or any administrative decision lawfully
made hereunder.
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(g) Severab'flity. This Article and the various parts thereof are hereby
declared to be severable. Should any section of this Article be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of
the Article as a whole, or any portion thereof other than the section so declared to
be unconstitutional or invalid.
S16-66.050 Requirement for ~oodplRin permit
(a) Requirement for permit. A floodplain permit shall be obtained before
construction or development begins within any area of special flood hazards
established in Subsection 16-66.040(b). The floodplain permit may be issued
separately by the Floodplain Administrator or may be incorporated into and issued
by the Planning Commission as part of a subdivision or building site approval granted
pursuant to Chapter 14 of this Code or a use permit, variance, or design review
approval granted pursuant to Chapter 15 of this Code.
(b) Application for permit, Application for a floodplain permit shall be
made to the Floodplain Administrator on such form as he shah prescribe. The
applieation shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council. The applieation shall include
the following:
(1) A site plan drawn to scale, showing the nature, location and
dimensions of the site, the contours of the site at intervals of not
more than five feet, and the location of existing or proposed
structures, fill, and drainage facilities.
(2) 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.
(3) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed.
(4) All appropriate certifications listed in Subsection 16-66.070(d) of
this Article.
(5) Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
(6) Such additional exhibits or information as may be requested by the
Floodplain Administrator.
§16-66.060 Designation of Floodplain Administrator
The Planning Director is hereby appointed as the Floodplain Administrator,
with full power and authority to administer and implement the provisions of this
Article.
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$16-66.070 Duties and responsibilities of Floodplsin Administrator
The duties and responsibilities of the Floodplain Administrator shall include,
but are not limited to, the following:
(a) Permit review, Review all development proposals to determine that:
(1) The permit requirements of this Article have been satisfied;
(2) All other required State and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying
capacity of the floodway, For purposes of this Article, "adversely
affects" means that the cumalative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the
base flood more than one foot at any point.
In making the determinations specified above, the Floodplain Administrator
may refer any development proposal to the City Engineer, the Santa Clara Valley
Water District, and to any other persons, departments or agencies he deems
necessary or appropriate for review of the proposal and submission of
recommendations thereon, including recommended conditions of development.
(b) Use of other bsse flood data. When base flood elevation data has not
been provided in accordance with Subsection 16-66.040(b), the Floodplain
Administrator shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a federal, State or other source, in order to
administer the standards set forth in Sections 16-66.080, 16-66.090, 16-66.100 and
16-66.110 of this Article. Any such information shah be submitted to the City
Council for adoption.
(c) Alteration or relocation of watercourses. Whenever a watercourse is to
be altered or relocated, the Floodplain Administrator shall:
(1) Notify adjacent communities and the California Department of
Water Resources prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration; and
(2) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
(d) Maintenance of records. Obtain and maintain for public inspection and
make available as needed the following certifications:
(1) The certification required in Subsection 16-66.080(c)(1) (floor
elevations);
(2) The certification required in Subsection 16-66.080(c)(2) (elevations
in areas of shallow flooding);
(3) The certification required in Subsection 16-66.080(c)(3)(iii)
(elevation or floodproofing of nonresidential structures);
(4) The certification required in Subsection 16-66.080(c)(4)(i) or 16-
66.080(c)(4)(ii) (wet floodproofing standard);
(5) The certified elevation required in Subsection 16-66.100(b)
(subdivision standards);
(6) The certification required in Subsection 16-66.110(a) (floodway
encroachments).
(e) Determination of boundaries. Make interpretations where needed, as to
the exact location of the boundaries of the areas of special flood hazards (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 Paragraph
(g) of this Section.
(f) Remedy of violations. Take action to remedy violations of this Article,
as specified in Subsection 16-66.040(c).
(g) Appeals. Any decision or determination by the Floodplain Administrator
made pursuant to this Article may be appealed to the Planning Commission. Such
appeals shall be governed by the procedure set forth in Article 15-90 of Chapter 15
of this Code and, in addition thereto, the Planning Commission shall be guided by
the considerations listed in Subsection 16-66.120(b) of this Article.
(h) Issmmee of permits by Plm~ Commission. In the event a floodplain
permit is issued by the Planning Commission, as provided in Subsection 16-66.050(a),
the Commission shall make the determinations prescribed in Paragraph (a) of this
Section with respect to such permit.
S16-~6.080 Standards of construction
In all areas of special flood hazards, the following standards are required:
(a) Anchoring. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(b) Construction materials and methods.
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
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(3) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(4) Within Zones AH or AO, adequate drainage paths shall be
constructed around structures on slopes to guide flood waters
around and away from proposed structures.
(c) Elevation and floodproofing.
(1) New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated to or
above the base flood elevation. Nonresidential structures may
meet the standards in Subparagraph (c)(3) of this Section. Upon the
completion of the structure the elevation of the lowest floor
including basement shah be certified by a registered professional
engineer or surveyor, or verified by the City's building inspector to
be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
(2) New construction and substantial improvement of any structure in
Zone AH or AO shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM, or at least two feet if
no depth number is specified. Nonresidential structures may meet
the standards in Subparagraph (c)(3) of this Section. 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's building inspector to
be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
(3) Nonresidential construction shall either be elevated in
conformance with Subparagraph (c)(1) or (e)(2) of this Section or
together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(it) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Floodplain
Administrator.
(4) Require, for all new construction and substantial improvements,
that fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of
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floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed either of the following minimum criteria:
(i) 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 shsll be provided. 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 floodwaters; or
(ii) Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
~16-66.090 Standards for utilities
(a) All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into the system and
discharge from systems into flood waters.
(b) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
~16-66.100 Standards for subdivisions and building sites
(a) All applications for tentative subdivision or tentative building site
approval shall identify the flood hazard area and the elevation of the base flood.
(b) All final subdivision or building site plans shall indicate the elevation of
proposed structures and pads. If the site is filled above the base flood, the final pad
elevation shall be certified by a registered professional engineer or surveyor and
provided to the Floodplain Administrator.
(c) All subdivision and building site proposals shall be consistent with the
need to minimize flood damage.
(d) All subdivision and building site 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 and building sites shall provide adequate drainage to
reduce exposure to flood hazards.
~16-66.110 Floodways
Located within areas of special flood hazard established in Subsection 16-
66.040(b) 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:
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(a) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
(b) If the requirements in Paragraph (a) of this Section are satisfied, all new
coimtruction and substantial improvements shah comply with all other applicable
flood hazard reduction provisions set forth in Sections 16-66.080, 16-66.090 and 16-
66.100 of this Article.
S16-66.120 Variance procedures
(a) The Planning Commission shall hear and decide requests for variances
from the requirements of this Article.
(b) In making its decision on a variance application (or on an appeal to the
Planning Commission taken pursuant to Subsection 16-66.070(g) of this Article), the
Planning Commission shall consider all technical evaluations, and all relevant
factors and standards specified in this Article, and shall also be guided by the
following considerations:
(1) The danger that materials may be swept onto other lands to the
injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to
the community;
(5) The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated
development;
(7) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(8) The safety of access to the property in time of flood for ordinary
and emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(10) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
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(c) Generally, variances may be issued for new construction and substantial
improvements 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 the items listed in Paragraph (b) of this Section have been fully
considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(d) The Floodplain Administrator shall maintain the records of all actions by
the Planning Commission under this Article and report any variances to the Federal
Insurance Administration upon request.
S16-66.130 CondiUons for variances
(a) The Planning Commission may impose such conditions upon the granting
of a variance as it deems necessary to further the purposes of this Article and to
make the determinations set forth in Paragraph (b) of this Section.
(b) Variances shall only be issued upon a showing of good and sufficient
cause and upon a determination by the Planning Commission that:
(1) Failure to grant the variance would result in exceptional hardship
to the applicant.
(2) The variance is the minimum necessary, considering the flood
hazard, to afford relief.
(3) The granting of a variance will not result inl increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing ordinances of the City.
(c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed in the National Register of Historic Places or the
State Inventory of Historic Places without regard to the procedures set forth in this
Section.
(e) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that the provisions 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 create no additional threats to public safety.
(f) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation. The applicant shall also be required to execute an indemnity agreement
to hold the City harmless from any claim, cause of action, liability, cost, expense or
damage arising from or in any manner relating to the granting of the variance. A
copy of the notice and the original indemnity agreement shall be recorded by the
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Floodplain Administrator in the office of the County Recorder and shall be recorded
in a manner so that they appear in the chain of title of the affected parcel of land."
SECTION 2: This Ordinance supersedes all prior ordinances and resolutions
adopted by the City pertaining to the participation by the City in the National Flood
Insurance Program, including specifically, Resolution No. 677, adopted on September
19, 1973, Resolution No. 677-1, adopted on May 1, 1974, and Resolution No. 677-2,
adopted on December 20, 1978.
SECTION 3: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council held on the 4th day of November , 1987, by the
following vote:
AYES: Counc~rs Anderson, Clevenger, Hlava, I~oyles, and Mayor Peterson
NOES: None
ABSENTi~one
'MAYOR
ATf~:~,~ CI ~' LER~
which has been
'pub[i~.[iec~ acc01'din9 ,0~
Deputy City Clerk
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