Chapter 12.05
FLOOD DAMAGE PREVENTION
Sections:
12.05.010 Statutory authorization.
12.05.020 Statement of purpose.
12.05.210 Basis for establishing the areas of special flood hazard.
12.05.230 Abrogation and greater restrictions.
12.05.240 Warning and disclaimer of liability.
12.05.400 Provisions for flood hazard reduction.
12.05.410 Flood-prone area – New construction and substantial improvements.
12.05.420 Flood-prone area – Review.
12.05.430 Water supply systems.
12.05.440 Sewage and sanitation.
12.05.520 Conditions for variances.
12.05.600 Variance appeal board.
12.05.700 City administrator’s office.
12.05.010 Statutory authorization.
The legislature of the state of California has delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Biggs does ordain as set forth in this chapter. [Ord. 427 § 3, 2022]
12.05.020 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or 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 floodplain, 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. [Ord. 427 § 3, 2022]
12.05.100 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
Area of Special Flood Hazard. See “special flood hazard area.”
“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). “Base flood” is the term used throughout this chapter.
“Basement” means any area of the building having its floor subgrade – i.e., below ground level – on all sides.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before 1986.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
“Floodway” (also referred to as “regulatory floodway”) 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 cumulatively increasing the water surface elevation more than one foot.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “basement” definition), and specifically:
(a) An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable nonelevation design requirements, including, but not limited to:
(i) The flood openings standard in BMC 12.05.410(4);
(ii) The anchoring standards in BMC 12.05.410(1);
(iii) The construction materials and methods standards in BMC 12.05.410(2); and
(iv) The standards for utilities in BMC 12.05.410(3).
(b) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “basement” definition). This prohibition includes below-grade garages and storage areas.
“Manufactured home” or “mobile home” means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“New construction” means structures for which the “start of construction” commenced on or after October 13, 1986, and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after 1986.
“Recreational vehicle” means a vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/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. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building or mobile home that is principally above ground; this includes a gas or liquid storage tank.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
“Violation” means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. [Ord. 427 § 3, 2022]
12.05.200 General provisions.
[Ord. 427 § 3, 2022]
12.05.210 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for Butte County, California and Incorporated Areas” dated January 6, 2011, with accompanying flood insurance rate maps (FIRMs), dated January 6, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city of Biggs city council by the floodplain administrator. The study and FIRMs are on file at the city of Biggs planning department, 465 C Street, Biggs, CA 95917. [Ord. 427 § 3, 2022]
12.05.220 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city of Biggs city council from taking such lawful action as is necessary to prevent or remedy any violation. [Ord. 427 § 3, 2022]
12.05.230 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 427 § 3, 2022]
12.05.240 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 manmade or natural causes. This chapter 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 chapter shall not create liability on the part of the city of Biggs, the city of Biggs city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 427 § 3, 2022]
12.05.300 Administration.
[Ord. 427 § 3, 2022]
12.05.310 Permit.
A development permit shall be obtained for all proposed construction or other development in the community. The permit shall be for all structures, including mobile homes, and for all other development, including fill. [Ord. 427 § 3, 2022]
12.05.320 City administrator.
(1) The city administrator or designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(2) The city administrator or designee administrator shall review all permits to determine whether proposed building sites will be reasonably safe from flooding and all other required state and federal permits have been obtained.
(3) Within six months of information becoming available or project completion, whichever comes first, the city administrator or designee shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). [Ord. 427 § 3, 2022]
12.05.400 Provisions for flood hazard reduction.
[Ord. 427 § 3, 2022]
12.05.410 Flood-prone area – New construction and substantial improvements.
If a proposed building is in a flood-prone area, all new construction and substantial improvements shall:
(1) Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure.
(2) Be constructed with materials and utility equipment resistant to flood damage.
(3) Be constructed by methods and practices that minimize flood damage.
(4) Be constructed 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. [Ord. 427 § 3, 2022]
12.05.420 Flood-prone area – Review.
If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage within the flood-prone area.
(2) All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(3) Adequate drainage is provided to reduce exposure to flood hazards. [Ord. 427 § 3, 2022]
12.05.430 Water supply systems.
Within flood-prone areas, new and replacement water supply systems are required to be designed to minimize or eliminate infiltration of flood waters into the systems. [Ord. 427 § 3, 2022]
12.05.440 Sewage and sanitation.
Within flood-prone areas:
(1) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. [Ord. 427 § 3, 2022]
12.05.500 Variance procedure.
[Ord. 427 § 3, 2022]
12.05.510 Nature of variance.
The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section 12.05.500 is based on the general principle of zoning law 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 applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the city of Biggs city council 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 this chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. [Ord. 427 § 3, 2022]
12.05.520 Conditions for variances.
(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development 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 BMC 12.05.300 and 12.05.400 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of an “historic structure,” as defined in BMC 12.05.100, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(4) 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 to an elevation requirement, this means the city of Biggs 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 of Biggs city council believes will both provide relief and preserve the integrity of this chapter.
(5) Any applicant to whom a variance is granted shall be given written notice over the signature of the city administrator or designee that:
(a) 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
(b) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Butte County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(6) The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. [Ord. 427 § 3, 2022]
12.05.600 Variance appeal board.
(1) In passing upon requests for variances, the city of Biggs city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
(a) Danger that materials may be swept onto other lands to the injury of others;
(b) Danger of life and property due to flooding or erosion damage;
(c) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
(d) Importance of the services provided by the proposed facility to the community;
(e) Necessity to the facility of a waterfront location, where applicable;
(f) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) Compatibility of the proposed use with existing and anticipated development;
(h) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(j) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(k) 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 system, and streets and bridges.
(2) Variances shall only be issued upon a:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with existing local laws or ordinances.
(3) 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 BMC 12.05.500 and this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(4) Upon consideration of the factors of BMC 12.05.520 and the purposes of this chapter, the city of Biggs city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. [Ord. 427 § 3, 2022]
12.05.700 City administrator’s office.
Where city administrator’s office is used, this means the public works director, consulting engineer, city engineer, city clerk, and/or other designee will work jointly and hereby has these added responsibilities and is authorized and directed to enforce all the provisions of this chapter. [Ord. 427 § 3, 2022]