A.
The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, and when inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Prior code § 6-21)
It is the purpose of the ordinance codified in 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 provisions designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G.
To insure that potential buyers are notified that property is in an area of special flood hazard; and
H.
To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Prior code § 6-22)
In order to accomplish its purposes, this chapter includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage; and
E.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Prior code § 6-23)
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:
means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.
See "Special flood hazard area."
means the flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100 year flood").
is a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation (FPE). For purposes of this chapter, "freeboard" means the extra height above the BFE.
means any area of the building having its floor subgrade (below ground level) on all sides.
are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
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, and storage of equipment or materials.
means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into floodplain, which may impede or alter the flow capacity of a floodplain.
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) is completed before the effective date of the floodplain management regulations adopted by a community.
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing 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).
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of floodwaters; (2) the unusual and rapid accumulation of runoff of surface waters from any source; (3) mudslides (i.e., mudflows) which are proximately caused by the conditions described in subdivision (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and/or (4) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
shall be the building official of the city.
means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain including but not limited to emergency preparedness plans, flood control works and floodplain management regulations and open space plans.
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power which control development in flood- prone areas. The term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
means any land area susceptible to being inundated by water from any source (see definition of "Flood or flooding").
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 or sanitary facilities, structures and their contents.
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 a designated height. Also referred to a regulatory floodway.
means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years.
means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
Individually listed on State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, 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, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter including but not limited to:
The wet floodproofing standards in Section 15.16.080(C)(4);
The anchoring standards in Section 15.16.080(A);
The construction materials and methods standards in Section 15.16.080(B);
The standards for utilities in Section 15.16.090.
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.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The term "manufactured home" does not include a recreational vehicle.
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community, and includes any subsequent improvements to such structures.
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) is completed on or after the effective date of floodplain management regulations adopted by a community.
means a flood which has a one-percent annual probability of being equaled or exceeded. It is identical to the "base flood", which will be the term used throughout this chapter.
means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.
means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
means to bring the structure or other development into compliance with state or local floodplain management regulation, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
includes substantial improvement, 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 of the permit date. 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 state of excavation; or the placement of a manufactured 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.
means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
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% of the market value of the structure before the damage occurred.
means any means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% 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:
Any project for improvement of a structure to correct existing violations of 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
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. 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.
means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.
(Prior code § 6-24; Ord. 016-2025, 6/3/2025)
A.
Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "Flood Insurance Study for the City of Rio Vista" dated August 4, 1987, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions is adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at City Hall, One Main Street, Rio Vista, CA 94571. This Flood Insurance Study 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 Rio Vista city council by the floodplain administrator.
C.
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. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the Rio Vista city council from taking such lawful action as is necessary to prevent or remedy any violation.
D.
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 restrictions shall prevail.
F.
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, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
G.
Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section or subsection of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section or subsection so declared to be unconstitutional or invalid.
H.
Floodplain Administrator—Designation. The city manager or his/her designee is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
(Prior code § 6-25; Ord. 016-2025, 6/3/2025)
A.
Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 15.16.060(B). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2.
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
3.
All appropriate certifications listed in Section 15.16.080(C)(4); and
4.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B.
Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but are not limited to:
1.
Permit Review.
a.
Review all development permits to determine that the permit requirements of this chapter have been satisfied,
b.
All other required state and federal permits have been obtained,
c.
The site is reasonably safe from flooding,
d.
In areas where a floodway has not been designated, require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE unless it is 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 more than one foot at any point within the community.
2.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.16.060(B), floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.16.080 through 15.16.130. Any such information shall be submitted to the Rio Vista city council for adoption;
3.
Whenever a watercourse is to be altered or relocated:
a.
Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b.
Require that the flood carrying capacity of the altered or relocated portion of such watercourse is maintained,
c.
Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations § 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data,
d.
Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction;
4.
Obtain and maintain for public inspection and make available as needed:
a.
The certification required in Section 15.16.080(C)(1) (lowest floor elevations),
b.
The certification required in Section 15.16.080(C)(2) (elevations in areas of shallow flooding,
c.
The certification required in Section 15.16.080(C)(3)(c)(elevation or floodproofing of nonresidential structures),
d.
The certification required in Section 15.16.080(C)(4) or 15.16.080(C)(4)(b) (wet floodproofing standard),
e.
The certification required in Section 15.16.100(B) (subdivision standards),
f.
The certification required in Section 15.16.120(A) (floodway encroachments),
g.
Records of all variance actions, including justification for their issuance;
5.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 15.16.140 and 15.16.150;
6.
Take action to remedy violations of this chapter as specified in Section 15.16.060(C).
(Prior code § 6-26; Ord. 016-2025, 6/3/2025)
In all areas of special flood hazards the following standards are required:
A.
Anchoring.
1.
All new construction and substantial improvements shall be anchored 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.
1.
All new construction and substantial improvements shall be constructed with materials 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.
All new construction and substantial improvements shall 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.
4.
Require within Zones AH or AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C.
Elevation and Floodproofing.
1.
New construction and substantial improvements of any structure within Zones A1-30, AE and AH zones on the community's FIRM shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection C.3 of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2.
New construction and substantial improvements of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection C.3 of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to a floodplain administrator.
3.
Nonresidential construction shall either be elevated in conformance with subsection C.1 or C.2 of this section or together with attendant utility and sanitary facilities:
a.
Be floodproofed so that below the base flood level 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 are satisfied. Such certifications shall be provided to the floodplain administrator.
4.
Require, for all new construction and substantial improvements, that 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
Either 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 shall be provided. 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; or
b.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(Prior code § 6-27; Ord. 016-2025, 6/3/2025)
A.
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
B.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Prior code § 6-28)
A.
All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
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.
All subdivision proposals shall be consistent with the need to minimize flood damage.
D.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E.
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Prior code § 6-29)
Located within areas of special flood hazard established in Section 15.16.060.B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice as certified by a registered professional engineer that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
C.
Notwithstanding any other provisions of Section 15.16.110, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of C.F.R. § 65.12, and receives the approval of the Federal Insurance Administrator.
(Prior code § 6-31; Ord. 016-2025, 6/3/2025)
A.
All recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map will either:
1.
Be on the site for fewer than 180 consecutive days, and 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
(Prior code § 6-32)
A.
The city council 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 it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C.
In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
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 for the proposed use which 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 floodwaters 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 system, and streets and bridges.
D.
Generally, variances may be issued for new construction and substantial improvements 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 subsection (C)(1) through (C)(11) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
E.
Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Prior code § 6-33)
A.
Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
B.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
D.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3.
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 on or victimization of, the public, or conflict with existing local laws on ordinances.
E.
Variances may be issued for functionally depended facilities if determined to meet the definition as stated in Section 15.16.050, provided that the provisions of subsections A through D of this section are satisfied and that such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the Solano County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Prior code § 6-34; Ord. 016-2025, 6/3/2025)