The Legislature of the State of California has in Government Code Sections 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. Therefore, the city council of the City of Oroville does hereby adopt the following floodplain management regulations.
(Ord. 1785 § 2)
A. 
The flood hazard areas of the City of Oroville 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 uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
(Ord. 1785 § 3)
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 legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood related erosion areas. These regulations are designed to:
A. 
Protect human life and health;
B. 
Minimize expenditure of public money for costly flood control projects;
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
Minimize prolonged business interruptions;
E. 
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 1785 § 4)
"Appeal"
means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
"Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides.
"Breakaway walls"
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 during flooding conditions 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. Breakaway wall collapse shall result from a water load less than that which would occur during the base floods; and the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
"Development"
means any man-made 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) is completed before the effective date of the floodplain management regulations adopted by a community.
"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: (1) the overflow of waters; (2) the unusual and rapid accumulation or run off of surface waters from any sources; and/or (3) the collapse or subsidence of land along a 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 by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
"Flood Boundary and Floodway Map"
means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
"Flood Insurance Rate Map (FIRM)"
means the official map on which the Federal Emergency Management Agency or 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 FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area"
means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodplain management"
means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
"Floodplain management regulations"
means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as the floodplain chapter, grading chapter and erosion control chapter) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing"
means any combination of structural and non-structural 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. "Floodproofing" is acceptable only where hydraulic velocity is 5 feet per second. Dry floodproofing is acceptable up to a maximum 3-foot depth plus one-foot freeboard.
"Floodway"
means the channel of a river or other watercourse and the adjacent land areas necessary 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:
1. 
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;
2. 
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;
3. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. 
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). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
"Manufactured home"
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.
"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent.
"Market value"
shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry such as the most current International Conference of Building Officials "Building Standards/Building Valuation Data." The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence but shall not include economic or other forms of external obsolescence or rental potential factor. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by a state certified independent professional appraiser and supported by a written explanation of the differences. Owner/contractor/architect/civil engineer may submit affidavits for determination of market value and substantial improvements. Falsified affidavits are subject to enforcement action and/or fines. Market value shall be determined by the city building official and approved by the floodplain administrator.
"Mean sea level"
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.
"New construction"
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.
"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 pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
"One hundred year flood or 100-year flood"
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.
"Person"
means an individual or his/her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
"Recreational vehicle"
means a vehicle which is:
1. 
Built on a single chassis;
2. 
Four hundred square feet or less when measured at the largest horizontal projection;
3. 
Designed to be self-propelled or permanently towable by a light-duty truck; and
4. 
Designed primarily not for use as a permanent dwelling but as living quarters for recreational, camping, travel, or seasonal use.
"Remedy a violation"
means to bring the structure or other development into compliance with state or local floodplain management regulations 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 federal financial exposure with regard to the structure or other development.
"Repetitive loss"
means flood-related damage sustained by a structure on 2 separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
"Riverine"
means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area"
means an area in the floodplain subject to a one percent or greater chance of flooding in any given year.
"Start of construction"
includes substantial improvement and other 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 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 installation of streets and/or walkways; nor does it include excavation for a basement, footings piers, or foundations or the erections of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings 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, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on 2 separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before damage occurred.
"Substantial improvement"
means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. 
Before the improvement or repair is started; or
2. 
If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work performed. Improvement costs shall include self or volunteered labor estimated at prevailing wages for the appropriate type of construction wage scale. The term does not, however, include either:
1.
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2.
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure's continued designation as an historic structure.
"Variance"
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.
"Violation"
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 evidences of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
Other than as specifically defined herein, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage, and give this chapter its most reasonable application.
(Ord. 1728 § 2; Ord. 1785 § 1)
A. 
Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Oroville.
B. 
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map for the City of Oroville is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Rate Map is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allows implementation of this chapter and which are recommended to the city council by the floodplain administrator. The basis for establishing the area of special flood hazard is the Flood Insurance Study (FIS) for Butte County, California, dated June 8, 1998, and accompanying Flood Insurance Rate Map panels related to the City of Oroville (FIRMS) and all subsequent amendments and/or revisions, which are hereby adopted by reference and declared to be a part of this chapter.
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 conditions) shall constitute misdemeanor. Nothing herein shall prevent the 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 chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. 
Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the governing body; and
3. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
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 man-made 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 Oroville, the State of California, Federal Emergency Management Agency (FEMA), Federal Insurance Administration, or any officer or employee of aforementioned agencies, 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 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 so declared to be unconstitutional or invalid.
(Ord. 1728 § 2)
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 15.96.050(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;
2. 
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
3. 
All appropriate certifications listed in subsection (C)(4) of this section; and
4. 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
B. 
Designation of Floodplain Administrator. The director of public works is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
C. 
The duties and responsibilities of the floodplain administrator shall include, but not be 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. 
The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
2. 
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.96.050(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other source, in order to administer Section 15.96.070. Any such information shall be submitted to the 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, Federal Emergency Management Agency; and
b. 
Require that the flood-carrying capacity of the altered or located portion of said watercourse is maintained.
4. 
Obtain and maintain for public inspection and make available as needed:
a. 
The certified elevation required in Section 15.96.070(A)(3)(a);
b. 
The certification required in Section 15.96.070(A)(3)(b);
c. 
The certification required in Section 15.96.070(A)(3)(c)(i) or (c)(ii);
d. 
The certified elevation required in Section 15.96.070(C)(2);
e. 
The certification required in Section 15.96.070(F)(1).
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 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 Section 15.96.080.
6. 
Take action to remedy violations of this chapter as specified in Section 15.96.050(C) herein.
7. 
Base Flood Elevation Changes Due to Physical Alterations.
a. 
Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. 
All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(Ord. 1728 § 2; Ord. 1785 § 5)
A. 
Standards of Construction. The following standards are required in all areas of special flood hazards:
1. 
Anchoring.
a. 
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. 
All manufactured homes shall meet the anchoring standards of subsection D of this section.
2. 
Construction Materials and Methods. All new construction and substantial improvement shall be constructed:
a. 
With materials and utility equipment resistant to flood damage.
b. 
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 accumulation within the components during conditions of flood.
c. 
Using methods and practices that minimize flood damage.
d. 
Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
3. 
Elevation and Floodproofing.
a. 
New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to a minimum one foot above the base flood elevation. Nonresidential structures may meet standards in subsection (A)(3)(c) of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
b. 
Nonresidential construction shall either be elevated in conformance with subsection (A)(3)(a) or, structure together with attendant utility and sanitary facilities:
i. 
Be floodproofed so that from one foot above and below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
ii. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. 
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.
c. 
Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that 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:
i. 
Either a minimum of 2 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;
ii. 
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
d. 
Manufactured homes shall also meet the standards in subsection D of this section.
B. 
Standards for Utilities.
1. 
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.
2. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
C. 
Standards for Subdivisions.
1. 
All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
2. 
All final subdivision plans will provide the elevation of proposed structures 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.
3. 
All subdivision proposals shall be consistent with the need to minimize flood damage.
4. 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
5. 
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
D. 
Standards for Manufactured Homes. All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:
1. 
Outside of a manufactured home park or subdivision;
2. 
In a new manufactured home park or subdivision;
3. 
In an expansion to an existing manufactured home park or subdivision; or
4. 
In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of this section will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement, and be elevated so that either the:
a. 
Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least 2 feet above the base flood elevation); or
b. 
Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
E. 
Standards for Recreational Vehicles. 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
2. 
Meet the permit requirements of this section and the elevation and anchoring requirements for manufactured homes in this section.
F. 
Floodways. Located within areas of special flood hazard established in Section 15.96.050 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:
1. 
Prohibit encroachments including fill, new construction, substantial improvements and other development, unless certification by a registered professional 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 subsection (F)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.
(Ord. 1728 § 2)
A. 
Appeal Board.
1. 
The City of Oroville's City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. 
The city council shall hear and decide appeals when it is alleged that there is an error in any requirements, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
3. 
In passing upon such application, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
a. 
The danger that materials may be swept onto other lands to the injury of others;
b. 
The danger of life and property due to flooding or erosion damage;
c. 
The susceptibility of the proposed facilities and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The importance of the services provided by the proposed facility to the community;
e. 
The necessity to the facility of a waterfront location, where applicable;
f. 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. 
The compatibility of the proposed use with existing and anticipated development;
h. 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. 
The safety of access to the property in time of flood for ordinary and emergency vehicles;
j. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
k. 
The costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges.
B. 
Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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. It is recommended that a copy of the notice 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.
C. 
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 Insurance Administration, Federal Emergency Management Agency.
1. 
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 subsections (A)(3)(a) through (k) of this section have been fully considered. As the lot size increase beyond one-half acre, the technical justification required for issuing the variance increases.
2. 
Upon consideration of factors of subsection (A)(3) of this section and 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.
3. 
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
D. 
Conditions for Variances.
1. 
Variances may be issued for reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
2. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. 
Variances shall only be issued upon:
a. 
A showing of good and sufficient cause;
b. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
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 on or victimization of the public, or conflict with existing local laws or chapters.
5. 
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (B)(1) through (4) of this section are satisfied, and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
6. 
Any applicant to whom a variance is granted shall be given written notice 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 floor elevation. A copy of the notice shall be recorded by the floodplain board 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.
(Ord. 1728 § 2)