Note: Ord. 2041, 11/3/2025 repealed Ord. 1211; Ord. 1326; Ord. 1351; Ord. 1916; and Ord. 2010.
The flood hazard areas of the City of Burlingame 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. 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 anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 2041, 11/3/2025)
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 provisions 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, streets and bridges located in areas of special flood hazard;
(f) 
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) 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) 
Ensure that those who occupy the area of special flood hazard assume responsibility for their actions.
(Ord. 2041, 11/3/2025)
In order to accomplish its purpose, 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 in 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.
(Ord. 2041, 11/3/2025)
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
A zone.
See "Special flood hazard area."
"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.
"Area of shallow flooding"
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. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard.
See "Special flood hazard area."
"Base flood elevation (BFE)"
means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) on the Flood Insurance Rate Map (FIRM) for zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
"Base flood"
means the flood having a 1% 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 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 building 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:
(1) 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) 
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 a base flood.
"Coastal high hazard area"
is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V1 through V30.
"Conditional letter of map revision (CLOMR)"
means a formal review and comment as to whether a proposed flood project or other project complies with the minimum NFIP Requirements for such projects with respect to delineation of or special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.
"Design flood elevation"
means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. Also referred to as "flood protection elevation."
"Design flood"
means the flood associated with the greater of the following two areas: (1) area with a floodplain subject to a one percent or greater chance of flooding in any year; (2) area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.
"Development"
means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
"Dry flood proofing"
means the protection of non-residential structures, water supplies, and sewage systems. Dry flood proofing includes measures that make a structure watertight below the level that needs flood protection to prevent floodwaters from entering.
"Flood boundary and floodway map"
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.
"Flood Insurance Rate Map (FIRM)"
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.
"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.
"Flood" or "flooding"
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 or runoff of surface waters from any source; and/or
(3) 
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.
"Floodplain administrator"
is the community official designated by title to administer and enforce the floodplain management regulations.
"Floodplain management regulations"
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. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
"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" or "flood-prone area"
means any land area susceptible to being inundated by water from any source (see "Flood").
"Floodproofing"
means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
"Floodway"
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
"Freeboard"
means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
"Functionally dependent use"
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.
"Highest adjacent grade"
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Letter of map amendment (LOMA)"
means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
"Letter of map change (LOMC)"
means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of map change include: (1) letter of map amendment (LOMA); (2) letter of map revision (LOMR); (3) letter of map revision based on fill (LOMR-F); (4) conditional letter of map revision (CLOMR).
"Letter of map revision (LOMR)"
means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
"Letter of map revision based on fill (LOMR-F)"
means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
"Light-duty truck"
as it pertains in this chapter only, and as defined in 40 CFR 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight ratings or less which has a vehicular curb weight of 6,000 pounds or less which has a basic vehicle frontal area of 45 square feet or less, which is: (1) designed primary for purposes of transportation of property or is a derivation of such a vehicle; or (2) designed primary for transportation of persons and has a capacity of more than 12 persons; or (3) available with special features enabling off-street or off-highway operation and use.
"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 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.
"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
"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.
"Market value"
means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. "Market value" may be established by one of the following methods: (1) actual cash value (replacement cost depreciated for age and quality of construction); (2) tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or (3) a qualified independent appraiser.
"Mean sea level"
means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on 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 the city.
"One-hundred-year flood" or "100-year flood"
means a flood which has a 1% 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 or 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 motor vehicle or trailer for recreational dwelling purposes; a motor home or other vehicle with a motor home body style which has its own motor power or is towed by another vehicle.
"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 impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
"Riverine"
means relating to, performed by or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes"
means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Sea level rise"
means an increase in the level of the world's oceans due to the effects of global warming.
Sheet flow area.
See "Area of shallow flooding."
"Special flood hazard area (SFHA)"
means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zones A, AH, A1 through A30 and V1 through V30.
"Start of construction"
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 12 months 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 stage 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.
"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 it's before damaged condition would equal or exceed 50% of the market value of the structure before the 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. The term does not, however, include either:
(3) 
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
(4) 
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
"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 structure or other development to be fully compliant with the city'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.
"Water surface elevation"
means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse"
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.
(Ord. 2041, 11/3/2025)
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in "The Flood Insurance Study for the City of Burlingame," dated March 16, 1981 and April 5, 2019, with an accompanying flood insurance rate maps (FIRMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California.
(Ord. 2041, 11/3/2025)
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.
(Ord. 2041, 11/3/2025)
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2041, 11/3/2025)
In the interpretation and application of this chapter, all provisions shall be:
(a) 
Considered as minimum requirements;
(b) 
Liberally construed in favor of the governing body; and
(c) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2041, 11/3/2025)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Burlingame, 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.
(Ord. 2041, 11/3/2025)
For the purposes of this chapter, "development permit" shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official 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.
(a) 
Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures;
(b) 
Proposed elevation in relation to mean sea level to which any structure will be flood proofed;
(c) 
All appropriate certifications listed in Section 18.22.433; and
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 2041, 11/3/2025)
The floodplain administrator shall review all development permits to determine that:
(a) 
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 not increase the water surface elevation of the base flood more than one foot at any point.
(e) 
All letters of map revision (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).
(f) 
Require applicant to submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevation, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(Ord. 2041, 11/3/2025)
When base flood elevation data has not been provided in accordance with Section 18.22.320, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter.
Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.
(Ord. 2041, 11/3/2025)
The floodplain administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies:
(a) 
The certification required in Section 18.22.513(a) (floor elevations);
(b) 
The certification required in Section 18.22.513(b) (elevations in areas of shallow flooding);
(c) 
The certification required in Section 18.22.513(c) (elevation or floodproofing of nonresidential structures);
(d) 
The certification required in Section 18.22.513(d)(1) or (2) (wet floodproofing standard);
(e) 
The certified elevation required in Section 18.22.540(b) (subdivision standards);
(f) 
The certification required in Section 18.22.560(1) (floodway encroachments);
(g) 
The information required in Section 18.22.570 (coastal construction standards).
(Ord. 2041, 11/3/2025)
The floodplain administrator shall:
(a) 
Notify adjacent communities and the Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;
(b) 
Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained.
(Ord. 2041, 11/3/2025)
The floodplain administrator shall 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 Section 18.22.610 et seq.
(Ord. 2041, 11/3/2025)
The following standards are required in all areas of special flood hazards and public access, flood and sea level rise performance guidelines under Ord. 2000 (2021), the Zoning Ordinance.
(Ord. 2041, 11/3/2025)
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyancy.
(b) 
All manufactured homes shall meet the anchoring standards of Section 18.22.550(a).
(Ord. 2041, 11/3/2025)
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize damage.
(c) 
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 under the current California Building Codes and FEMA requirements.
(d) 
Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(Ord. 2041, 11/3/2025)
(a) 
New construction and substantial improvement of any residential structure in zone A, AE, AH shall have the lowest habitable floor, including basement, elevated above the based flood elevation plus one foot. Nonresidential structures may meet the standards in subsection (b) 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 the floodplain administrator prior to building permit final and be dated within 180 days of submittal.
(b) 
Nonresidential construction shall provide a freeboard of one foot above the base flood elevation within the structure footprint of the first floor and/or comply with the standards adopted in Section 25.12.050 for properties in the commercial and industrial zoning districts related to sea level rise (SLR), whichever is stricter in conformance with subsection (b) of this section, or together with attendant utility and sanitary facilities:
(1) 
Be flood proofed so that below the base flood level, no greater than three feet, is watertight with walls substantially impermeable to the passage of water;
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) 
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such floodproofing certifications shall be provided to the floodplain administrator prior to building permit final and be dated within 180 days of submittal.
(c) 
In all new construction and substantial improvements 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:
(1) 
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
(2) 
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(d) 
Manufactured homes shall also meet the standards in Section 18.22.550.
(Ord. 2041, 11/3/2025)
(a) 
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
(b) 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
(c) 
Trash and refuse storage areas must comply with Section 18.22.513(b).
(Ord. 2041, 11/3/2025)
(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.
(Ord. 2041, 11/3/2025)
(a) 
All preliminary subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, include within such proposals shall identify the flood hazard area and the base flood elevation data.
(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 subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(Ord. 2041, 11/3/2025)
All new and replacement manufactured homes and additions to manufactured homes shall:
(a) 
Be elevated so that the lowest floor is at or above the base flood elevation; and
(b) 
Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
(Ord. 2041, 11/3/2025)
Recreational vehicles on private property that are located in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
(Ord. 2041, 11/3/2025)
Located within areas of special flood hazard established in Section 18.22.320 are areas designed 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) 
Require until a regulatory floodway is designated, that no new construction, substantial improvements, encroachments or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, 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;
(b) 
If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.510 through 18.22.570.
(Ord. 2041, 11/3/2025)
Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply.
(Ord. 2041, 11/3/2025)
(a) 
Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section.
(b) 
Structural Support.
(1) 
All buildings or structures shall be securely anchored on pilings or columns.
(2) 
Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood.
(3) 
Fill used for structural support will be allowed only with permit from the floodplain administrator. Note: The use of fill for structural support of buildings within zones V1-30, VE, and V on the community's FIRM is prohibited.
(4) 
Prohibit man-made alternation of sand dunes and mangrove stands within zone V1-30, VE, and V on the community's FIRM which would increase potential flood damage.
(c) 
Space Below the Lowest Floor.
(1) 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section.
(2) 
Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used.
(3) 
If breakaway walls are utilized, such enclosed space shall not be used for human habitation.
(4) 
Prior to construction, plans for any structure that will have breakaway walls must be submitted to the floodplain administrator for approval.
(d) 
The floodplain administrator shall obtain and maintain the following records:
(1) 
Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section;
(2) 
The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 2041, 11/3/2025)
The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter.
(Ord. 2041, 11/3/2025)
(a) 
The planning commission 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. Any person may appeal such decision to the city council as provided in Chapter 25.98.
(b) 
In passing upon such appeals, the planning commission 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 times of flood for ordinary and emergency vehicles;
(10) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, 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.
(Ord. 2041, 11/3/2025)
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, provided in Section 18.22.611(b)(1) through (11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(Ord. 2041, 11/3/2025)
Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 2041, 11/3/2025)
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 2041, 11/3/2025)
(a) 
Variances may be issued for the reconstruction, rehabilitation or restoration of structure listed on 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.
(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 be issued only 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 shall 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 notices.
(Ord. 2041, 11/3/2025)
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 base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 2041, 11/3/2025)