Skip to code content (skip section selection)
Compare to:
San Bernardino County Overview
San Bernardino County, CA Code of Ordinances
SAN BERNARDINO COUNTY, CALIFORNIA CODE OF ORDINANCES
CHARTER
TITLE 1: GOVERNMENT AND ADMINISTRATION
TITLE 2: PUBLIC MORALS, SAFETY AND WELFARE
TITLE 3: HEALTH AND SANITATION AND ANIMAL REGULATIONS
TITLE 4: BUSINESS AND SPECIAL LICENSES, REGULATIONS
TITLE 5: HIGHWAYS, TRAFFIC
TITLE 6: BUILDING REGULATIONS
TITLE 7: COUNTY AIRPORTS
TITLE 8: DEVELOPMENT CODE
DIVISION 1: DEVELOPMENT CODE AUTHORITY AND APPLICABILITY
DIVISION 2: LAND USE ZONING DISTRICTS AND ALLOWED LAND USES
CHAPTER 82.01: LAND USE PLAN, LAND USE ZONING DISTRICTS, AND OVERLAYS
CHAPTER 82.02: ALLOWED LAND USES AND DEVELOPMENT
CHAPTER 82.03: AGRICULTURAL AND RESOURCE MANAGEMENT LAND USE ZONING DISTRICTS
CHAPTER 82.04: RESIDENTIAL LAND USE ZONING DISTRICTS
CHAPTER 82.05: COMMERCIAL LAND USE ZONING DISTRICTS
CHAPTER 82.06: INDUSTRIAL AND SPECIAL PURPOSE LAND USE ZONING DISTRICTS
CHAPTER 82.07: ADDITIONAL AGRICULTURE (AA) OVERLAY
CHAPTER 82.08: AGRICULTURAL PRESERVE (AP) OVERLAY
CHAPTER 82.09: AIRPORT SAFETY (AR) OVERLAY
CHAPTER 82.10: ALTERNATE HOUSING (AH) OVERLAY
CHAPTER 82.11: BIOTIC RESOURCES (BR) OVERLAY
CHAPTER 82.12: CULTURAL RESOURCES PRESERVATION (CP) OVERLAY
CHAPTER 82.13: FIRE SAFETY (FS) OVERLAY
CHAPTER 82.14: FLOODPLAIN SAFETY (FP) OVERLAY
CHAPTER 82.15: GEOLOGIC HAZARD (GH) OVERLAY
CHAPTER 82.16: HAZARDOUS WASTE (HW) OVERLAY
CHAPTER 82.17: MINERAL RESOURCES (MR) OVERLAY
CHAPTER 82.18: NOISE HAZARD (NH) OVERLAY
CHAPTER 82.19: OPEN SPACE (OS) OVERLAY
CHAPTER 82.20: PALEONTOLOGIC RESOURCES (PR) OVERLAY
CHAPTER 82.21: SIGN CONTROL (SC) OVERLAY
CHAPTER 82.22: SPHERE STANDARDS (SS) OVERLAY
CHAPTER 82.23: COMMUNITY PLANS, SPECIFIC PLANS AND AREA PLANS
CHAPTER 82.24: BEAR VALLEY COMMUNITY PLAN
CHAPTER 82.25: BLOOMINGTON COMMUNITY PLAN
CHAPTER 82.26: CREST FOREST COMMUNITY PLAN
CHAPTER 82.27: HILLTOP COMMUNITY PLAN
CHAPTER 82.28: HOMESTEAD VALLEY COMMUNITY PLAN
CHAPTER 82.29: JOSHUA TREE COMMUNITY PLAN
CHAPTER 82.30: LAKE ARROWHEAD COMMUNITY PLAN
CHAPTER 82.31: LUCERNE VALLEY COMMUNITY PLAN
CHAPTER 82.32: LYTLE CREEK COMMUNITY PLAN
CHAPTER 82.33: MORONGO VALLEY COMMUNITY PLAN
CHAPTER 82.34: MUSCOY COMMUNITY PLAN
CHAPTER 82.35: OAK GLEN COMMUNITY PLAN
CHAPTER 82.36: OAK HILLS COMMUNITY PLAN
CHAPTER 82.37: PHELAN/PINON HILLS COMMUNITY PLAN
DIVISION 3: COUNTYWIDE DEVELOPMENT STANDARDS
DIVISION 4: STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES
DIVISION 5: PERMIT APPLICATION AND REVIEW PROCEDURES
DIVISION 6: DEVELOPMENT CODE ADMINISTRATION
DIVISION 7: SUBDIVISIONS
DIVISION 8: RESOURCE MANAGEMENT AND CONSERVATION
DIVISION 9: PUBLIC FACILITIES FINANCING
DIVISION 10
PARALLEL REFERENCES
PARALLEL REFERENCES
CHAPTER 82.14: FLOODPLAIN SAFETY (FP) OVERLAY
Section
   82.14.010   Authority and Purpose.
   82.14.020   Location Requirements.
   82.14.030   Applicability.
   82.14.040   Floodplain Safety Review Areas.
   82.14.050   Development Standards for Floodplain Safety Review Areas.
   82.14.060   Variances.
   82.14.070   Boundary Changes.
§ 82.14.010 Authority and Purpose.
   (a)   The Legislature of the State of California has, in Government Code §§ 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
   (b)   The purposes and objectives of these regulations are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
      (1)   Minimize unnecessary disruption of commerce, access, and public service during times of flooding.
      (2)   Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
      (3)   Manage the alteration of natural floodplains, stream channels, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.
      (4)   Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
      (5)   Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
      (6)   Contribute to improved construction techniques in the floodplain.
      (7)   Minimize damage to public and private facilities and utilities.
      (8)   Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
      (9)   Minimize the need for rescue and relief efforts associated with flooding.
      (10)   Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
      (11)   Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
      (12)   Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)
§ 82.14.020 Location Requirements.
   (a)   Establishment of Flood Hazard Areas. The FP Overlay Areas described in § 82.14.040 (Floodplain Safety Review Areas) are applied to areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "Flood Insurance Study for San Bernardino County, California, and Incorporated Areas," dated May 8, 2024, and all subsequent amendments and revisions thereto, and the accompanying Flood Insurance Rate Maps (FIRMs), and all subsequent amendments and revisions to such maps; which documents are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. The most current copies of the Flood Insurance Study (FIS) and the FIRMs are on file at the Department of Public Works.
   (b)   FIS establishes the minimum areas to which the FP Overlays may be applied. Subsequent reports and maps may identify additional flood hazard areas, with the possibility of adding, removing, or updating areas as directed by the San Bernardino County Flood Control District or other governmental agencies, such as the Corps of Engineers.
(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017; Am. Ord. 4469, passed - -2024)
§ 82.14.030 Applicability.
   No structure or land use shall hereafter be constructed, located, extended, converted, or altered without full compliance with the provisions of this Chapter and other applicable regulations. Violations of the provisions of this Chapter by failure to comply with any of its requirements (including violation of conditions and safeguards required by conditions of approval) shall be subject to the penalties established by this County Code. Nothing in this Chapter shall prevent the County from taking lawful action as is necessary to prevent or remedy any violation.
   (a)   Abrogation and Greater Restrictions. The provisions of this Chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions or any map changes made by FEMA. However, where this Chapter or other section, easement, covenant, or deed restriction or map revision as may be made by FEMA conflict or overlap, the more stringent regulations or standards shall govern.
   (b)   Interpretation. In the interpretation and application of this Chapter all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under State statutes.
   (c)   Implementation. The requirements of this Chapter shall be integrated into the processing and review of all land use applications and development permits where specific flood hazard review and flood protection requirements are made by the County.
   (d)   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. These regulations do 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. These provisions shall not create liability on the part of the County, any officer or employee thereof, the State of California, or FEMA, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.
   (e)   Severability. If any section, sentence, clause, or phrase of this Chapter is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -4163; Am. Ord. 4254, passed - -2014; Am. Ord. 4469, passed - -2024)
§ 82.14.040 Floodplain Safety Review Areas.
   The FP Overlay shall be subdivided into flood hazard zone areas. Proposed development shall comply with the following requirements.
   (a)   100-year Floodplain. The 100-year floodplain includes areas subject to a base flood (also called "100-year flood") as defined by the Federal Flood Insurance Regulations. The following are the FEMA-designated flood hazard zones for this area: A, AE, AH, A1-30, and AO. (Note: FEMA-designated regulatory floodway is included within the AE zone.) The following standards shall apply to property within these zones:
      (1)   Review Procedures. A project proposed in this area shall be subject to a Floodplain Development Standards Review. These reviews shall ensure that the proposed project complies with this County Code regarding flood protection measures and shall require the submittal of an elevation certificate completed by a licensed land surveyor, registered civil engineer, or architect who is authorized by State or local law to certify elevation information.
      (2)   Development Restriction. In Zone AE areas where a base flood elevation has been determined but no regulatory floodway has been designated by FEMA, new construction, substantial improvement or other development (including fill) shall not be permitted, unless it is demonstrated through hydrologic and hydraulic analyses that the cumulative 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 within the community.
      (3)   FEMA-designated Floodways. Floodways, as defined by FEMA, are different from the Floodway Land Use Zoning District established in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays) and regulated by Chapter 82.03 (Agricultural and Resource Management Land Use Zoning Districts) of this Title. They are defined as the channels 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. They are also referred to as "regulatory floodways" (see § 810.01.080(gg)(43)). They are generally coterminous with the County's Floodway Land Use Zoning Districts. They are considered FEMA-designated flood hazard zones in that they are included within the AE zone.
   (b)   100 to 500-year Floodplain. This area includes areas between limits of the base flood (100-year flood) and a 500-year flood; and certain areas subject to 100-year flooding with an average depth of less than one foot or where the contributing drainage areas are less than one square mile; or areas protected by levees from the base flood. The following are the FEMA-designated flood hazard zones for this area: A-99 and the shaded Zone X. The following standards shall apply to property within these zones:
      (1)   Elevation of First Floor. New construction and substantial improvement of any structure shall be so constructed that the first floor (including basement) shall be one foot above the natural pre-development highest adjacent grade.
      (2)   Review Procedures. A project proposed in this area shall be subject to a Floodplain Development Standards Review conducted by the Building and Safety Division based upon the determination by the Land Development Division of the Land Use Services Department. This review shall ensure that the proposed project complies with this County Code regarding flood protection measures.
   (c)   Undetermined Flood Hazards. This area includes areas of undetermined, but possible, flooding as FEMA-designated Zone D areas, or as determined by the County, the Flood Control District, or other governmental agency. The following standards shall apply to property within this area:
      (1)   Final Building Plan Content. The final building plans that are submitted for approval shall show the approved location and mitigating measures.
      (2)   Development Standards. Development standards for the undetermined flood hazard area shall be determined case-by-case and shall be dependent upon the specifications of the project. The California Department of Water Resources Best Available Map may be used to determine standards in the undetermined area. A Floodplain Development Standards Review may be required.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017; Am. Ord. 4393, passed - -2020; Am. Ord. 4469, passed - -2024)
§ 82.14.050 Development Standards for Floodplain Safety Review Areas.
   (a)   Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be anchored to the foundation 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. All new construction and improvements of structures whether substantial or not, including manufactured homes, shall be constructed:
      (1)   With materials and utility equipment resistant to flood damage when installed in areas below the base floor elevation or the highest adjacent grade. This would include but not be limited to water-resistant lumber, floor coverings, adhesives, paints, masonry construction and finishes, waterproof electrical systems, and mechanical footings, or other acceptable materials measures. (See FEMA Technical Bulletin TB 2.)
      (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.
      (4)   So that within Zones AH or AO, adequate drainage paths are provided around structures on slopes to guide flood waters around and away from proposed structures.
   (c)   Grading. If fill is placed to elevate pads above base elevation, it must be demonstrated that fill will not settle and is protected from erosion, scour, or differential settlement, as follows.
      (1)   The pad elevation shall be certified to meet or exceed the elevation required by the applicable Floodplain Safety Review Area, and it must be demonstrated that the cumulative 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 at any point within the community.
      (2)   Fill shall be compacted to 95 percent per ASTM (American Society of Testing Materials) Standard D-698.
      (3)   Fill slopes shall be no steeper than two feet horizontal to one foot vertical ratio unless substantiating data for steeper slopes is provided, and the slopes are approved by the County.
      (4)   Fill slopes adjacent to a water course may be required to be armored with stone, rock or approved equal protection.
   (d)   Elevation and Flood-proofing.
      (1)   Residential Structures. New construction and substantial improvement of any residential structure shall include having the lowest floor (including basement):
         (A)   In AE, A1-30, AH Zones, elevated one foot above the base flood elevation.
         (B)   In an AO zone, elevated above the highest adjacent grade to a height one foot above 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.
         (C)   In an A Zone, without BFE's specified on the FIRM, elevated two feet or more above the natural pre-development highest adjacent grade.
         (D)   In a Shaded X Zone (the 100- to 500-year floodplain), elevated one foot above the natural pre-development highest adjacent grade.
         Upon completion of the structure, the elevation of the lowest floor (including basement) shall be certified by a registered civil engineer or licensed land surveyor to be properly elevated above the floodplain elevation at the time of certification. The certification shall be provided on the current FEMA Elevation Certificate form to the Building Official.
      (2)   Nonresidential Construction. New and substantial improvement of nonresidential construction shall be either elevated in compliance with § 82.14.050(d)(1) or be dry flood-proofed. Dry flood-proofing shall consist of all of the following:
         (A)   The area below the base flood level, together with attendant utility and sanitary facilities, shall be constructed so that the structure is watertight with walls substantially impermeable to the passage of water;
         (B)   The structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
         (C)   The structure shall be certified by a registered civil engineer or architect that the standards of this Subdivision are satisfied. Such certifications shall be provided to the Floodplain Administrator.
      (3)   Flood Openings. In addition to the provisions of § 82.14.050(d)(1) and (2) above, all new construction and improvements to existing structures with fully enclosed areas below the lowest floor shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:
         (A)   For non-engineered openings, have a minimum of two openings on different sides 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 floodwaters. Also, buildings with more than one such enclosed area must have openings on exterior walls for each area to allow flood water to directly enter and exit; or
         (B)   For engineered openings, be designed and certified by a registered civil engineer or an architect. This certification must be verified by the Floodplain Administrator.
         (C)   Enclosed areas below the lowest floor shall be unfinished and used solely for parking of vehicles, building access or limited storage.
      (4)   Garages and Low Cost Accessory Structures.
         (A)   Attached Garages.
            (I)   A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation, must be designed to allow for the automatic entry of flood waters. Areas of the garage below the base flood elevation must be constructed with flood-resistant materials.
            (II)   A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. (For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.)
         (B)   Detached Garages and Accessory Structures.
            (I)   Detached garages and accessory storage structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), may be constructed such that its floor is below the base flood elevation, provided the structure is designed and constructed in accordance with the following requirements:
               (i)   Are one story and not larger than 600 square feet in area when located in special flood hazard areas;
               (ii)   Are anchored to resist flotation, collapse or lateral movement resulting from flood loads;
               (iii)   Have flood damage-resistant materials used below the base flood elevation;
               (iv)   Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation;
               (v)   Use must be limited to parking or limited storage;
               (vi)   Must comply with floodplain encroachment provisions in § 82.14.050(g)(1) below; and
               (vii)   Must be designed to allow for the automatic entry of flood waters in accordance with § 82.14.050(d)(3) above.
            (II)   Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this Section and to the elevations required by the Floodplain Safety Area in which it is located.
      (5)   Crawl Space Construction. This Subdivision applies to buildings with crawl spaces up to two feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
         (A)   The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or civil engineer.
         (B)   The crawl space is an enclosed area below the base flood elevation and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. (For guidance on flood openings, see FEMA Technical Bulletins 11 and 1).
         (C)   Portions of the building below the base flood elevation must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the base flood elevation.
         (D)   Any building utility systems within the crawl space must be elevated above base flood elevation or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
         (E)   Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
            (I)   The interior grade of a crawl space below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade;
            (II)   The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet at any point;
            (III)   There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and
            (IV)   The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.
   (e)   Utility Standards.
      (1)   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.
      (2)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
      (3)   All public utilities and facilities such as electrical, telephone, cable TV, gas, etc., shall utilize flood-proofing measures in their location and construction to minimize flood damage. They shall be adequately anchored to prevent flotation, collapse or lateral movement of the facility resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
   (f)   Design Requirements. All development proposals, including subdivisions, shall comply with the following requirements:
      (1)   All preliminary proposals shall identify the special flood hazard area and the elevation of the base flood, including floodways, as appropriate, and the elevation of the base flood. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined by the applicant.
      (2)   All final plans shall provide the elevation of proposed structures and pads above the floodplain elevation as derived from the FEMA map adopted at the time of certification. When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require that the final pad elevations be certified by a registered civil engineer or licensed land surveyor and submitted to the Floodplain Administrator.
      (3)   All proposals shall be consistent with the need to minimize flood damage.
      (4)   All proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
      (5)   All proposals shall provide adequate drainage to reduce exposure to flood hazards and not deflect flood flows onto other properties; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
   (g)   Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall comply with all applicable provisions in this Section in addition to the following:
      (1)   Elevations.
         (A)   Within Zones A1-30, AO, AH, and AE of the 100-year Floodplain Safety Review Area, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot or more above the base flood elevation or flood depth.
         (B)   Within Zone A, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to two feet or more above the highest adjacent grade.
         (C)   Within the 100 to 500-year Floodplain Safety Review Area, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot or more above the highest adjacent grade.
      (2)   All manufactured homes shall be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. Methods of anchoring shall include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
      (3)   Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the Floodplain Administrator.
   (h)   Floodway Standards. FEMA-designated floodways are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, therefore, the following provisions apply:
      (1)   Encroachments, including fill, new construction, substantial improvements, stockpiling, and other development are prohibited unless certification by a registered civil 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.
      (2)   If § 82.14.050(h)(1) above is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this Chapter.
   (i)   Recreational Vehicles. All recreational vehicles placed in the 100-year floodplain area will:
      (1)   Be on the site for fewer than 180 consecutive days; or
      (2)   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
      (3)   Meets the permit requirements of § 82.14.030 and the elevation and anchoring requirements for manufactured homes in § 82.14.050(g) above.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4254, passed - -2014; Am. Ord. 4304, passed - -2016; Am. Ord. 4333, passed - -2017; Am. Ord. 4360, passed - -2019; Am. Ord. 4393, passed - -2020; Am. Ord. 4469, passed - -2024)
§ 82.14.060 Variances.
   (a)   Exceptions. Exceptions to the provisions of this Chapter may be made if a variance is obtained, as provided in this section, based on special or unique circumstances associated with the property. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
   (b)   Review Authority. The Commission shall hear and decide requests for variances from the strict application of these regulations, based on technical justifications submitted by applicants, the considerations and conditions set forth in this section, and the comments of the Floodplain Administrator and Building Official, as applicable. The Commission has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.
      (1)   Restrictions in Floodways. A variance shall not be issued for any proposed development in a floodway when any increase in base flood levels would result.
      (2)   Historic Structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places upon a determination by the Director that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the exemption is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.
      (3)   Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the requirements of § 82.14.050 are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
   (c)   Procedure. Written application shall be submitted to the Department upon the forms provided by the Department for this purpose.
      (1)   Required Findings and Conditions. Variances shall only be issued upon:
         (A)   Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
         (B)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
         (C)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing laws or ordinances.
         (D)   The variance is the minimum necessary, considering the flood hazard, to afford relief and is consistent with the objectives of sound floodplain management.
   (d)   Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.
   (e)   Written Notification. Any applicant to whom a variance is granted shall be given written notice. Such notice shall include notice 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 $25.00 for $100.00 of insurance coverage; and
      (2)   Such construction below the base flood level increases risks to life and property. A Notice of Condition 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.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)
Loading...