Ceres City Zoning Code

CHAPTER 40

FLOODPLAIN MANAGEMENT AND FLOOD HAZARD IDENTIFICATION REGULATIONS

18.40.010 - Statutory authorizing and purpose.

Statutory authorization. The legislature of the State 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. Therefore, the City Council adopts the following floodplain management regulations.

Findings of fact.

The flood hazard areas of Ceres 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 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 contribute to the flood loss.

Statement of purpose. 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:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

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;

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;

Ensure that potential buyers are notified that property is in a special flood hazard area; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions to:

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Control filling, grading, dredging, and other development which may increase flood damage; and

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

This chapter shall take precedence over any less restrictive conflicting local laws and ordinances.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.40.020 - General provisions.

Lands to which this chapter applies. This chapter shall apply to all areas identified as flood-prone within the jurisdiction of Ceres.

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the current "Flood Insurance Study (FIS) for Stanislaus County, California and Incorporated Areas," with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), and all subsequent amendments and 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 study, FIRMs, and FBFMs are on file at Engineering Services Department located at 2220 Magnolia Street, Ceres, CA 93507.

Compliance. No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this section shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under California statutes.

Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City Council, any officer or employee thereof, the State, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

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. No. 2020-1059, § 1, 3-23-2020)

18.40.030 - Administration.

Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any special flood hazard area established in subsection 18.40.020.B of this chapter. The term development shall include 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 or storage of equipment or materials. 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:

Site plan, including but not limited to:

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

Proposed locations of water supply, sanitary sewer, and utilities; and

If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

If applicable, the location of the regulator floodway; and

Foundation design detail, including but not limited to:

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

For a crawl-space foundation, location and total net area of foundation openings as required in subsection 18.40.040.A.3.c, and FEMA Technical Bulletins TB 1 and TB 7; and

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

Proposed elevation in relation to mean sea level to which any non-residential structures will be floodproofed, as required in subsection 18.40.040.A.3 of this chapter and FEMA Technical Bulletin TB 3; and

All appropriate certifications listed in subsection 18.04.030.C.4; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the floodplain administrator. The City Engineer, or his or her designee, is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

Permit review. Review all development permit applications to determine that:

Permit requirements of this chapter have been satisfied;

All other required State and federal permits have been obtained;

The site is reasonably safe from flooding; and

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.

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.

Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with subsection 18.40.020.B of this chapter, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or State agency, or other source, in order to administer section 18.40.040 of this chapter. Any such information shall be submitted to the City Council for adoption.

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100 year) Flood Elevations" dated July 1995 in order to administer section 5:

Simplified method 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

Detailed method. The 100-year or base flood discharge and the base discharge and the base flood elevation shall be obtained using detailed methods identified in FEMA Publication 265, published in July 1995 and titled: "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100 year) Flood Elevations."

Notification of other agencies.

In alteration or relocation of a watercourse:

(1)

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

(2)

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(3)

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

Base flood elevation changes due to physical alterations:

(1)

Within six 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).

(2)

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.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by subsection 18.40.040.A.3.a of this chapter (floor elevations);

Certification required by subsection 18.40.040.A.3.b of this chapter (elevation of floodproofing of nonresidential structures);

Certification required by subsection 18.40.040.A.3.c of this chapter (wet floodproofing standard);

Certification of elevation required by subsection 18.40.040.C of this chapter (subdivision standards); and/or

Certification required by section 18.40.040.F of this chapter (floodway encroachments).

Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 18.040.030.D.

Remedial action. Take action to remedy violations of this chapter as specified in subsection 18.40.020.C.

Appeals. 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. Decisions of the Planning Commission may be appealed to the City Council.

Inspections.

Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 304-1 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

Violations.

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 2020-1059, § 1, 3-23-2020; Ord. No. 2021-1068, § 3, 7-12-2021; Ord. No. 2021-1067, §§ 2—4, 7-26-2021)

18.40.040 - Provisions for flood hazard reduction.

Requirements for buildings and structures in flood hazard areas. Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the California Building Code.

Anchoring.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

All manufactured homes shall meet the anchoring standards of subsection D of this section.

Construction materials and methods. All new construction and substantial improvement shall be constructed:

With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation.

Using methods and practices that minimize flood damage;

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.

Elevation and floodproofing.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

(1)

In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in subsection 18.040.030.C.2. The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.

(2)

(3)

In all other zones, elevated at least one foot above the base flood elevation.

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.

Nonresidential construction shall either be elevated to conform with subsection 18.40.040.A.3.a, or together with attendant utility and sanitary facilities:

(1)

Be floodproofed below the elevation recommended under subsection 18.40.040.A.3.a of this chapter so that the structure 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 18.40.040.A.3.b of this chapter are satisfied. Such certification shall be provided to the Floodplain Administrator.

Flood openings. All new construction and substantial improvements of structures with fully-enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

For non-engineered openings:

(1)

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(2)

The bottom of all openings shall be no higher than one foot above grade;

(3)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

(4)

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or be certified by a registered civil engineer or architect.

Manufactured homes shall also meet the standards in subsection D of this section.

Standards for utilities.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

Infiltration of flood waters into the systems; and

Discharge from the systems into flood waters.

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

Standards for subdivisions.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the Floodplain Administrator:

(1)

Lowest floor elevation.

(2)

Pad elevation.

(3)

Lowest adjacent grade.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

Standards for manufactured homes.

All manufactured homes that are placed or substantially improved 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 upon which a manufactured home has incurred "substantial damage" as the result of a flood shall:

Within zones Al 30, AH, and AE on the community's flood insurance rate map, 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 subsection D.1 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:

Lowest floor of the manufactured home is at or above the base flood elevation; or

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.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

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:

Be on the site for fewer than 180 consecutive days;

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

Meet the permit requirements of section 18.100.030 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D.1 of this section.

Floodways. Located within areas of special flood hazard established in subsection 18.04.020.B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge. Where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105-4 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.

If subsection F.1 of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:

Be located and constructed to minimize flood damage.

Meet the limitations of Section 303-4 of these regulations when located in a regulated floodway.

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

Be constructed of flood damage-resistant materials.

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

(Ord. No. 2020-1059, § 1, 3-23-2020; Ord. No. 2021-1068, § 3, 7-12-2021; Ord. No. 2021-1067, §§ 5, 6, 7-26-2021)

18.40.050 - Variance procedure.

Nature of variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, nor the property owners.

Hardship for purposes of this section means, the exceptional hardship that would result from a failure to grant the requested variance. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

Appeal board.

In passing upon requests for variances, the City Council serves as the appeal board and shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:

Danger that materials may be swept onto other lands to the injury of others;

Danger of life and property due to flooding or erosion damage;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

Compatibility of the proposed use with existing and anticipated development;

Relationship of the proposed use to the comprehensive plan and a floodplain management program for that area;

Safety of access to the property in time of flood for ordinary and emergency vehicles;

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

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.

Any applicant to whom a variance is granted shall be given written notice by the City Manager that:

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

Such construction below the base flood level increases risks to life and property. It is recommended a copy of the notice shall be recorded by the Floodplain Administrator in the office of the Stanislaus County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

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.

Conditions for variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development 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 that the procedures of sections 18.40.020 and 18.40.030 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures (as defined in section 18.02.010) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of this chapter.

Variances shall only be issued upon:

Showing of good and sufficient cause; and

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 18.40.050 of this chapter) to the applicant; and

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, defraud the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsection C.1 through 5 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 does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of subsection B of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.