(A) Intent.
(1) The intent of the floodplain development standards is to protect structures from flood hazards by ensuring that development in floodplain areas is properly located and constructed.
(2) Floodplain areas are those areas shown on the Flood Insurance Rate Map, published by the United States Federal Emergency Management Agency, or its successor, as adopted by the San Benito County Board of Supervisors.
(3) The standards in this section supplement those of the underlying zoning district(s). Where the standards in this section and those of the base zone conflict, this section’s standards apply.
(B) Areas subject to floodplain development standards.
(1) The standards in this section apply to all areas designated as floodplain on the latest Flood Insurance Rate Maps produced by the Federal Emergency Management Agency.
(2) Floodplain areas are not shown on the zoning map. The latest FEMA maps should be consulted to determine if this section applies to a given parcel(s).
(C) Permitted uses. The uses permitted in floodplain areas shall be those of the base zoning district.
(D) Conditional uses. Conditional uses in floodplain areas shall be those of the base zoning district.
(E) Building site area. Building site area in the floodplain shall be as listed in the base zoning district.
(F) Height limitations, yard areas, parking and landscaping. Height limitations, yard areas, parking and landscaping in floodplain areas shall be as listed in the base zoning district.
(G) Submittal of construction plans; required flood elevation.
(1) All development shall conform with the standards of the floodplain management ordinance or its successor.
(2) Each property owner or his or her agent who proposes a project for which a building permit is required in a floodplain area shall, prior to approval thereof, submit plans prepared by a civil engineer, licensed by the State of California. The plans shall establish the living area, manufacturing area or storage area of any structure for which a building permit is required at a minimum of one foot above the 100-year flood elevation. The Director may require evidence from an engineer to assist in the determination.
(3) The engineer preparing the plans shall, on the building site, provide the Building Inspection Department, at a location acceptable to the Building Inspection Department, a reference to the required elevation that will enable the building department to determine that the required flood elevation is adhered to. The County Building Inspector shall require, and a developer shall provide, written certification from the responsible engineer that the required flood elevation has been met.
(H) Alternative to required elevation. As an alternative to the construction of buildings one foot above the floodplain as provided herein, the site of the buildings may be raised to the required elevation or the site protected by a levee or berm constructed to the elevation necessary to afford adequate protection. The alternatives shall be subject to the terms of the County’s grading and erosion control ordinance and floodplain management ordinance or its successor. In either case, plans and specifications for modifications and protection of the site prepared by a licensed civil engineer shall accompany the plans for the building, and, prior to the issuance of a building permit, the site improvement shall be completed and certified in writing by the engineer as having been constructed to prevent flooding. In addition, evidence shall be submitted by a licensed civil engineer that flood hazard is not increased off-site as a result of any development on the property.
(I) Exemption for existing residences. Single-family residences and related accessory structures lawfully existing in the floodplain at the time the ordinance codified in this title becomes effective shall be allowed to remain subject to the restrictions set forth in § 25.01.012 of this code.
(Ord. 1043 § 3 (part), 2022)