Loading...
(A) The city council is designated as the appeal board and shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The city council shall hear and decide appeals when the applicant alleges that the floodplain administrator made an error in any requirement, decision, or determination in the enforcement or administration of this chapter.
(C) In deciding such appeals, the city council shall consider all technical evaluations and relevant factors, and standards specified in other sections of this chapter, including the following factors:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to 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 current and future owners of the property;
(4) The importance of the services provided by the proposed facility to the city;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) 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.
(D) Upon consideration of the factors of subsection (C) above and the purposes of this chapter, the city council may attach such conditions to appeals and variances granted.
(E) Any applicant to whom a variance is granted shall be given written notice signed by the floodplain administrator 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 $25 for $100 of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property.
(F) The floodplain administrator shall record a copy of the notice in the Office of Ventura County Recorder in such manner that the notice appears in the chain of the title of the affected parcel of land.
(G) The floodplain administrator shall maintain a record of all variance decisions, including the justification for their issuance, and report variances granted in the biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(`64 Code, Sec. 35-19) (Ord. No. 2426, 2640)
(A) The variance criteria set forth in this section are based on the general principle of zoning laws 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 property owner or surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners.
(B) It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can be met only if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly granted. The guidelines are designed to identify situations in which alternatives other than a variance are more appropriate.
(C) Generally, variances may be issued for new construction, substantial improvement, and other proposed new developments 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 Articles 2 and 4 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.
(D) Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(E) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(F) 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 from an elevation requirement, 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 finds will both provide relief and preserve the integrity of this chapter.
(G) Variances shall be issued only 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 18-2 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, extraordinary public expense, create a nuisance (as defined in section 18-2 of this chapter), cause fraud or victimization (as defined in section 18-2 of this chapter) of the public, or conflict with other city ordinances.
(H) 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 18-27(C) through 18-27(H) are satisfied, that the structure or other development is protected by methods that minimize flood damages during the base flood, and that the variance does not result in additional threats to public safety or create a public nuisance.
(`64 Code, Sec. 35-20) (Ord. No. 2426, 2640)
ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazards, the following standards apply:
(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 or hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of this chapter.
(B) Construction materials and methods -
(1) All new construction and substantial improvements shall be constructed with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93 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.
(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 Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(C) Elevation and flood proofing. (See section 18-2 definitions for "basement," "lowest floor," "new construction," "substantial damage," and "substantial improvement.")
(1) The lowest floor, including basement, of a residential construction, new or substantial improvement, shall:
(a) In a Zone AO, be 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. In Zone AO without velocity, the lowest floor shall be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.
(b) In a Zone A, be elevated at least two feet above the base flood elevation. Said base flood elevation shall be determined by one of the methods in section 18-21(B).
(c) In all other zones, be elevated at least two feet 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 a city building inspector to be properly elevated. Such certification and verification shall be filed with the floodplain administrator.
(2) Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection 18-35(C)(1) or, together with attendant utility and sanitary facilities:
(a) Be flood proofed below the elevation recommended under section 18-35(C)(1) 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 subsection 18-35(C)(2) are satisfied. Such certification shall be filed with 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 this section.
(`64 Code, Sec. 35-21) (Ord. No. 2426, 2640)
(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) All final subdivision plans will provide the elevation of proposed structure(s) 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) On-site waste disposal systems shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(D) All subdivisions shall locate and construct public utilities and facilities such as sewer, gas, electrical, and water systems to minimize flood damage.
(E) All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards.
(`64 Code, Sec. 35-22) (Ord. No. 2426, 2640)
Loading...