The Floodplain (FP) Overlay Zone is combined with existing zones in those areas within the City of Anaheim which, under present conditions, are subject to periodic flooding and accompanying hazards. The zoning designation for the property shall constitute the base or underlying zone and the designation (FP) shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the (FP) Overlay Zone regulations, the more restrictive regulations shall apply. The objectives of the (FP) Overlay Zone are as follows:

   .010   Prevent the loss of life and property, and minimize economic loss caused by flood flows.

   .020   Establish criteria for land management and land use in flood-prone areas that are consistent with the criteria promulgated by the Federal Insurance Administration, for the purpose of providing flood insurance eligibility for property owners.

   .030   Prohibit encroachments, new construction, or other improvements or development that would obstruct or divert the flow of floodwaters within a regulatory floodway.

   .040   Regulate and control the use of land below the elevation of the design flood flow within the remainder of the floodplain.

   .050   Compliance with the Cobey-Alquist Floodplain Management Act requirements for floodplain management regulations. (Ord. 5920 § 1 (part); June 8, 2004.)

   Areas of the City of Anaheim hereby designated as being within the Floodplain (FP) Overlay Zone are specified as follows:

   .010   Areas of the "regulatory floodway," as shown on the Flood Insurance Rate Maps ("FIRM") for the City of Anaheim, as the same may now or hereinafter exist as official maps of the Federal Insurance Administration.

   .020   “Special flood hazard area” ("SFHA"), as shown on the FIRM and as defined herein.

   .030   Other areas not shown as a "regulatory floodway" or "special flood hazard area" on the FIRM, but in which the Federal Emergency Management Agency ("FEMA") or the City Engineer has determined that a special flood hazard or floodway condition, as defined herein, exists and is indicated by the zoning overlay designation of (FP) on any zoning map or ordinance now or hereinafter adopted by the City of Anaheim. (Ord. 5920 § 1 (part); June 8, 2004.)

   The purpose of this section is to set forth definitions of certain words, terms and phrases used in this chapter in order to promote consistency and uniformity in their usage, and thereby facilitate interpretation. Words, terms and phrases not specifically defined in this section shall, for purposes of this chapter, be construed and defined as set forth in Section 17.28.030 (Definitions) of Chapter 17.28 (Flood Hazard Reduction) of the Anaheim Municipal Code.

   .010   "B" Words, Terms and Phrases.

      "Base Flood.” The amount of water generated from runoff of a storm, and having a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-Year Flood").

      "Base Flood Elevation” ("BFE"). The water surface elevation of the base flood in relation to the North American Vertical Datum of 1988 ("NAVD").

   .020   "D" Words Terms and Phrases.

      "Design Flood.” The flood against which protection is to be provided by means of land use regulation, or flood protective or flood control works. When a federal flood control project has been authorized, the design flood will be that defined by the cognizant agency. In all other cases, the design flood shall be either at the 100-year recurrence interval (base flood) or, when determined applicable by the City of Anaheim, the standard project flood.

      "Designated Flooding.” The channel of a stream and that portion of the adjoining floodplain required to reasonably provide for the construction of a project for passage of the design flood, including the lands necessary for construction of project levees.

   .030   "F" Words, Terms and Phrases.

      "Flood Insurance Rate Map” ("FIRM"). 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 community.

      "Flood” or “Flooding.” A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of flood waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source; or (c) 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, 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 herein.

      "Floodplain." Any land areas susceptible to flood or flooding.

      "Floodway." 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 (1) foot. Also referred to as the "Regulatory Floodway."

   .040   "M" Words, Terms and Phrases.

      "Manufactured Home." A structure, transportable in one (1) or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured Home" does not include recreational vehicle.

   .050   "R" Words, Terms and Phrases.

      “Recreational Vehicle.” A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less, when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily for use not as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

   .060   "S" Words, Terms and Phrases.

      “Special Flood Hazard Area” ("SFHA"). The land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. This area is designated as Zone A, AO, AE or AH on the FIRM.

      “Structure.” A walled and roofed building, a gas or liquid storage tank, and/or a manufactured home that is principally above ground and permanently affixed to a site.

      “Substantial Damage.” Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. “Substantial Damage” also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period, for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

      “Substantial Improvement.” Any reconstruction, rehabilitation, addition, other proposed new development of a structure or other improvements, the cost of which equals or exceeds fifty percent (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: (a) any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. (Ord. 5920 § 1 (part); June 8, 2004.)

   Where permitted or conditionally permitted in the underlying zone, the following uses shall be permitted in the (FP) Overlay Zone.

   .010   “Accessory Uses,” which, for the purposes of this chapter, are uses that are incidental and subordinate to the primary use of the parcel of land on which such use is located.

   .020   Dwellings.

   .030   Excavation and removal of rock, sand, gravel and other materials, provided that the integrity of the watercourse is preserved, such that the permitted excavation areas continue to receive and release floodwaters in a manner equal to that experienced prior to any extraction. Further, such excavations shall not create a potential hazard to adjacent properties, resulting from flood or erosion conditions.

   .040   Flood control channels, levees, spreading basins and grounds, roads, bridges, storm drains and other flood control facilities and devices, where the Director of the Public Works Department or the Director of the Planning Department, as appropriate, has determined that the design has been approved by the governmental agencies having jurisdiction.

   .050   General agricultural uses, including farming, pastures or forestry projects; provided there are no permanent structures, landfill, storage of materials or equipment, or stream alterations that would result in any diversion or increase in flood levels within the designated floodway.

   .060   Permanent structures or buildings, including those necessary for conveyance of flood and drainage waters and for transit of public utilities and roads.

   .070   Public park projects, including picnic grounds, trails, wildlife and natural preserves, and similar public open space uses, as developed and controlled by the City or other public agency.

   .080   Private recreation areas, including parks, campgrounds, playgrounds, fishing lakes, riding and hiking trails, hunting clubs, parking lots, wildlife and natural preserves, golf courses, athletic fields and similar open space uses.

   .090   Public utility transmission lines and conduits. (Ord. 5920 § 1 (part); June 8, 2004.)

   The following shall be prohibited in the Floodplain (FP) Overlay Zone:

   .010   Landfills, excavations, improvements, developments, or encroachments that would obstruct or create debris-catching obstacles to the passage of a design flood, or cause a cumulative increase in the elevation of the design floodwater profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway, or in any way impair the design flood conveyance capacity of the regulatory floodway, or cause a potential hazard to life or property resulting from flood flows.

   .020   Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials.

   .030   All uses not specifically permitted by Section 18.28.040 (Permitted Uses) of this chapter. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 13; September 28, 2004.)

   .010   Procedures.

      .0101   The Public Works Department shall review projects proposed in areas subject to the (FP) Overlay Zone regulations, to determine that all necessary permits and certificates have been obtained to assure compliance with the requirements of this chapter and Chapter 17.28 (Flood Hazard Reduction).

      .0102   All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans, indicating how site grading, in conjunction with any necessary drainage conveyance systems, including applicable swales, watercourses, channels, street flows, catch basins, storm drains and floodwater retarding, will provide building pads and lowest floor elevations that are safe from flood flows, which may be expected from floods up to and including the design flood. The grading plan shall include identified, on-site, finished grade elevations and the design flood elevations, both related to mean sea level. Structural plans submitted for building permits shall show the height of the first floor of such structures as related to mean sea level. Said plans and floor height information shall be maintained on file by the Planning Department for flood insurance reference purposes.

      .0103   The Director of the Public Works Department or the Director of the Planning Department, as appropriate, shall notify adjacent communities prior to approval of any project ,which would alter or relocate a watercourse having an effect on the flood hazard areas shown on the Flood Insurance Rate Maps, and submit evidence of such notification to the appropriate federal agency. Any approval action for such project shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity of the watercourse is not diminished.

   .020   Utilities. Prior to clearance for issuance of any building or grading permit, the Building Division of the Planning Department shall verify that:

      .0201   All new and replacement water supply systems are designed to minimize or eliminate infiltration of floodwaters into the system.

      .0202   New and replacement sanitary sewage systems are designed to minimize or eliminate infiltration of floodwaters.

      .0203   On-site waste disposal systems are located to avoid impairment to them or contamination from them during flooding.

      .0204   Utilities are designed to resist destruction from flood scour, and the hydrostatic and hydrodynamic loads and effects of buoyancy. (Ord. 5920 § 1 (part); June 8, 2004.)

   In the event of any conflict between any provision set forth in this chapter and any provision set forth in Chapter 17.28 (Flood Hazard Reduction) of the Anaheim Municipal Code, or any other provision of law, the more restrictive provision shall prevail. (Ord. 5920 § 1 (part); June 8, 2004.)