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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. -1- $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. -2- 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 -3- 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". -4-. (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. -6- ~;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. -7- (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. -8- $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. -10- (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 -11- 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: -12- (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. -13- (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 -14- 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 -15-