Chapter 18.84
FLOOD PLAIN COMBINING ZONE, FP
Sections:
18.84.005 Regulations designated.
18.84.010 Application of provisions.
18.84.020 Uses permitted outright.
18.84.030 Conditional uses permitted in the floodway of an FP zone.
18.84.040 Conditional uses permitted in a floodway fringe in an FP zone.
18.84.050 Permit for use or development in an FP zone.
18.84.060 Classification of property in an FP zone.
18.84.070 Structural elevation data required.
18.84.080 Regulation of structures in an FP zone.
18.84.090 Land development standards in a flood hazard area.
18.84.100 Additional mobile home land development standards.
18.84.110 Facility standards in a flood hazard area.
18.84.120 Land grading standards in a flood hazard area.
18.84.130 Regulations not a guarantee.
18.84.140 Technical variances.
18.84.170 Evaluation of variance applications.
18.84.180 Granting of variances.
18.84.005 Regulations designated.
In any zone which is a combined FP zone, the requirements and standards of this chapter shall apply in addition to those herein specified for such zone previously; provided, that if a conflict in regulations or standards occurs, the provisions of this chapter shall govern. (Ord. 18 § 3.170, 2003)
18.84.010 Application of provisions.
The provisions of this chapter shall apply to all areas of special flood hazard within the jurisdiction of the county. The areas of special flood hazard identified by the Federal Insurance Administration and set forth in Flood Hazard Boundary Maps dated August 16, 1977, and the Flood Insurance Rate Maps dated July 17, 1989, and February 2, 2012, are hereby adopted by reference and declared to be a part of this title, and, thereof, the provisions of this chapter shall apply to all flood hazard areas identified by said maps. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(1), 2003)
18.84.020 Uses permitted outright.
In a zone with which the FP zone is combined, the following uses are the only uses permitted outright, and these uses are permitted only if such uses are permitted in the zone with which the FP zone is combined and otherwise conform to the regulations for the primary zone.
(1) Agricultural use conducted without locating a structure in the zone except for a boundary fence that is designed to impede as little as possible the movement of flood waters and flood-carried material.
(2) Industrial or commercial use that does not require a structure other than surfacing at ground level such as for a loading area, parking area, or that requires only temporary structures that will not be in the zone during the period of annual flood risk.
(3) Recreational use that requires nonstructural improvements which have an insignificant effect on flood waters such as structures associated with a golf course without related buildings, tennis court, driving range, archery range, picnic grounds, boat launching ramp, swimming area, wildlife or nature preserve, game farm, fish hatchery, shooting preserve, target range, trap or skeet range, hunting or fishing area, or hiking or riding trail.
(4) Portions of a recreation vehicle park or camping area that are occupied only temporarily and that do not contain buildings.
(5) Portions of a residential use that do not contain buildings such as a lawn, garden, parking area or play area. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(2), 2003)
18.84.030 Conditional uses permitted in the floodway of an FP zone.
In a zone with which the FP zone is combined, the following uses and their accessory uses are permitted within a floodway subject to provisions of this chapter, Chapter 18.160 CCC, and the zone with which the FP zone is combined.
(1) Marina, boat rental or boat sales; provided, if a building or other structure is required in the floodway, it shall be designed and constructed to withstand the waters of a base flood without obstruction of flow or significant damage to the structures or the property of others. The building or structure shall be certified by a registered professional engineer or architect as demonstrating that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) A roadway, bridge or utility structure that will not impede the waters of a base flood. The roadway, bridge or utility structure shall be certified by a registered professional engineer or architect as demonstrating that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(3) Incidental storage of material or equipment that either is not subject to damage by flood, or is mobile and readily removable from the area within the limited time available after flood warning. If not readily removable, the material or equipment shall be anchored to prevent flotation and shall not obstruct water flow. Material or equipment stored shall be only items which will not create a hazard to the health or safety of persons, property, animals or plant life should the storage area be inundated. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(3), 2003)
18.84.040 Conditional uses permitted in a floodway fringe in an FP zone.
A use permitted in the zone with which the FP zone is combined and that is not permitted by CCC 18.84.020 is permitted within the floodway fringe subject to the provisions of Chapter 18.160 CCC and this chapter. (Ord. 18 § 3.170(4), 2003)
18.84.050 Permit for use or development in an FP zone.
No person shall construct, reconstruct, or install a development, install a mobile home, or divide land in an FP zone unless a permit has been received for the work, except for those uses permitted by CCC 18.84.020. Except for improvement of an existing structure which is less than substantial as determined by the county building official and planning director, or the commission upon appeal, no permit shall be issued unless the work will be reasonably safe from flooding and otherwise comply with this chapter and this title, and other applicable regulations. (Ord. 18 § 3.170(5), 2003)
18.84.060 Classification of property in an FP zone.
Upon receipt of an application for a use or development permitted in the zone with which the FP zone is combined and that is not permitted by CCC 18.84.020, the property shall be classified into portions in the floodway, portions in the floodway fringe, and portions outside the flood plain. Such classification shall be completed by the planning department and such classification is only appealable to the commission. The applicant shall provide information needed to make the classification and determine the severity of the potential flood conditions including but not limited to the following:
(1) The location of the property with reference to channel stations and flood profile elevations.
(2) The existing topography and proposed grading plan for the property. Contour intervals shall not be more than one-foot for ground slopes up to five percent and for areas immediately adjacent to a stream, two-foot for ground slopes between five and 10 percent, and five-foot for greater slopes.
(3) The location of existing and proposed diking or revetments, if any.
(4) In the case of a multifamily residential use or subdivision, profiles of the ground surface perpendicular to and extending in both directions from the stream to an elevation above the probable base flood elevation near the upstream and downstream boundaries within the development, at least one for each 1,000 feet of stream center line, and to a point at least 2,000 feet below the downstream boundary of the development.
(5) In the case of a multifamily residential use or subdivision, engineering data related to the base flood showing the magnitude in cubic feet per second, flood profiles, and the floodway and flood plain boundaries with the development. (Ord. 18 § 3.170(6), 2003)
18.84.070 Structural elevation data required.
(1) An application for a building permit for a new or substantially improved structure or for a mobile home installation permit within an FP combined zone shall contain the following data referenced to mean sea level:
(a) The level of the lowest habitable floor and of any basement floor whether or not intended to be habitable.
(b) The level to which the structure is to be flood proofed, if applicable.
(2) A statement shall accompany the elevation data noting whether or not the structure contains a basement.
(3) The information required by this subsection shall be permanently maintained in the files of the building department with the subject building permit. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(7), 2003)
18.84.080 Regulation of structures in an FP zone.
(1) If a building or other structure is constructed or substantially improved or a mobile home is installed in a flood area, it shall be:
(a) Designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure.
(b) Constructed with materials and utility equipment resistant to flood damage.
(c) Constructed by methods and practices that minimizes flood damage.
(2) The lowest habitable floor and any basement floor, whether or not the basement is intended to be habitable, of a new or substantially improved residential structure and the floor of a newly installed mobile home shall be elevated at least one foot above the base flood level.
(3) Unless the lowest floor elevation, including a basement floor, is one foot above the base flood elevation, a newly constructed or substantially improved nonresidential structure shall be designed so that the structure is substantially impermeable to the passage of water and otherwise flood proofed, at least to the level two feet above the base flood level. The structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(4) When flood proofing is utilized for a structure, a registered engineer or licensed architect shall certify that the flood proofing method is adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood and otherwise conforms to the flood proofing standards of the State Structural Specialty Code in effect at the time of construction. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(8), 2003)
18.84.090 Land development standards in a flood hazard area.
(1) In addition to compliance with CCC 18.84.100 and 18.84.110, a subdivision or other new land development within a flood hazard area shall be designed and constructed to minimize flood damage, including special provisions for adequate drainage to reduce exposure to flood hazards.
(2) A land development, which will alter or relocate a watercourse, shall be designed, constructed and maintained to retain the flood-carrying capacity of the watercourse and shall meet the notification and maintenance requirements found in CCC 15.08.030(4).
(3) A subdivision proposal or other proposed new land development greater than either 50 lots or five acres shall include data showing the base flood elevation. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(9), 2003)
18.84.100 Additional mobile home land development standards.
(1) A site for a mobile home that is in a flood hazard area shall comply with the following:
(a) The mobile home stand on the site shall be elevated on compacted fill or on pilings so that the bottom of the chassis of the mobile home will be one foot above the base flood elevation level.
(b) Adequate surface drainage shall be provided.
(c) Access for a hauler shall be provided.
(d) If the mobile home stand is elevated on pilings, the stand shall be large enough to permit steps. Piling foundations shall be placed in stable soil. No more than 10 feet apart and lateral reinforcement shall be provided for pilings extending more than six feet above ground level.
(2) Unless the site on which a mobile home is to be installed is above the base flood level, a mobile home or an addition to a mobile home shall be anchored to resist flotation, collapse, and lateral movement as follows:
(a) Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations except that a mobile home that is less than 50 feet long need have only one additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points except that a mobile home less than 50 feet long need have only four additional ties per side.
(c) All components of the anchoring system, including ties, shall be capable of carrying a force of 4,800 pounds.
(3) The placement of a mobile home in the regulatory floodway is prohibited. However, a site existing within a mobile home park may be used; provided, that prior to the effective date of the ordinance codified in this section, the site has had the improvements described in subsection (2) of this section, or prior to the date the regulatory floodway hazard area was designated, the site has had such improvements and has been otherwise approved as complying with the standards of subsection (1) of this section. A mobile home installed on such a site shall be a singlewide unit with wheels and tongue in place. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(10), 2003)
18.84.110 Facility standards in a flood hazard area.
(1) A public utility or facility associated with a subdivision or other new land development within a flood hazard area shall be designed, located and constructed to minimize or eliminate flood damage and shall be designed to not increase the height of the regulatory floodway.
(2) A new or replacement water supply system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters into the system.
(3) A new or replacement sanitary sewage system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into the flood waters.
(4) An on-site septic tank system or other individual waste disposal system shall be located to avoid impairment or contamination during flooding. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(11), 2003)
18.84.120 Land grading standards in a flood hazard area.
(1) When required by the building official, the application for a grading or excavation permit shall be accompanied by two sets of plans or specifications and other supporting data considered necessary to act on the application.
(2) After review of a grading or excavation permit application, the application shall be denied if it is determined that the proposed excavation, filling or other grading will raise the water elevation in the subject floodway. (Ord. 18 § 3.170(12), 2003)
18.84.130 Regulations not a guarantee.
The degree of flood protection afforded by the provisions of this title is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods than those anticipated by these provisions may occur on occasion or the flood height may be increased by human or natural causes, such as log jams or bridge openings restricted by debris. The identification of areas subject to flooding pursuant to the provisions of this title does not imply that lands outside such areas will be free from flooding or flood damage. This title shall not create liability on the part of the county or any officer or employee thereof for any flood damages that result from reliance on the provisions or designations of this title or any administrative decisions lawfully made thereunder. (Ord. 18 § 3.170(13), 2003)
18.84.140 Technical variances.
A technical variance for hardship relief from the requirements of this chapter may be granted by the commission for new construction and for improvements to existing structures which could not otherwise be authorized, provided the construction or improvements are to be erected or installed on a parcel of land of one-half acre or less in size, contiguous to and more or less surrounded by lots with existing structures constructed below the minimum floor elevation established for flood protection purposes. A parcel of land in excess of the one-half acre that is in one ownership on the effective date of the ordinance codified in this title is not excluded from the granting of a technical variance, but the justification required for issuing the variance increases as the size of the property under one ownership increases and shall be granted only if required to equalize circumstances, considering previously developed land adjacent to the parcel for which a variance could be sought. (Ord. 18 § 3.170(14), 2003)
18.84.150 Historic variance.
A variance for historic preservation may be granted for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (Ord. 18 § 3.170(15), 2003)
18.84.160 Hardship variance.
A hardship variance as described in CCC 18.84.140 or as necessary to protect an owner’s constitutional right to use property shall be granted upon finding all of the following:
(1) There is a good and sufficient cause due to no fault of the applicant.
(2) Failure to grant the variance would result in exceptional hardship to the applicant.
(3) The variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. 18 § 3.170(16), 2003)
18.84.170 Evaluation of variance applications.
In reviewing an application for a variance, the commission shall consider technical evaluations, standards specified in other chapters of this title, other relevant factors and each of the following:
(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 the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity to the facility of a waterfront location, where applicable.
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(7) The relationship of the proposed use to the area flood plain management program.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site.
(10) The costs of providing governmental and utility services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (Ord. 18 § 3.170(17), 2003)
18.84.180 Granting of variances.
(1) If the findings warrant, the commission may grant a variance providing the variance shall not result in increased flood heights, additional threats to public safety or extraordinary public expense.
(2) An applicant to whom a variance is granted shall be given written notice that the structure is permitted, and the file will be permanently available for inspection in the planning department. The notice shall designate the elevation of the lowest floor compared to the base flood elevation and shall advise the applicant that the cost of flood insurance will be commensurate with the increased risk resulting from any reduced floor elevation authorized by the variance. (Ord. 253 § 3 (Exh. C), 2012; Ord. 18 § 3.170(18), 2003)