The purpose of this chapter is to promote the health, safety, and general welfare of the citizens of the city, and to minimize potential adverse effects of natural hazards to public health, safety, and property by encouraging wise use of natural hazard areas.

(Code 2023, § 10-18-1; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-18-2; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter are applicable to all land within natural hazard special study areas in the city, as shown on natural hazards maps on file with the community development department. Such maps and all amendments thereto are made a part of this chapter as if fully described and detailed herein. Each change in natural hazards maps shall be subject to the amendment procedures set forth in HCC 10-5-8.

(Code 2023, § 10-18-3; Ord. No. 2017-54, 12-13-2017)

The boundary lines of special study areas shown on natural hazards maps shall be determined by use of the scale appearing on the map. When there is a dispute concerning boundary lines illustrated on the map and actual field conditions, or where detailed investigations show that mapped hazards are not present within a particular area, the dispute shall be resolved as follows:

1. The person disputing a natural hazard study area boundary or mapped hazards present within a particular area shall submit technical and geologic evidence to the planning commission to support such claim in the form of a site-specific natural hazards report.
2. The planning commission may request the city engineer, the state geological and mineral survey, and/or other experts to review evidence prior to making a decision concerning the dispute.
3. The cost of the review shall be paid by the person disputing the map.
4. The planning commission may allow deviations from a mapped boundary line only if the evidence clearly and conclusively establishes that the natural hazard special study area boundary location is incorrect or that mapped hazards are not present within a particular area.
5. Any decision of the planning commission may be appealed to the appeal authority as provided in HCC 10-5-24.

(Code 2023, § 10-18-4; Ord. No. 2017-54, 12-13-2017)

Any applicant requesting development on a lot or parcel of land within a natural hazards study area, as shown on natural hazards maps, shall submit to the city six copies of site-specific natural hazard studies and reports, where required, for such development according to chart 10-18-5 of this section.

CHART 10-18-5. NATURAL HAZARDS MAPS SPECIAL STUDY AREA REPORT REQUIREMENTS

Note:

¹Although no special study is required, disclosure is required as described in HCC 10-18-10.

(Code 2023, § 10-18-5; Ord. No. 2017-54, 12-13-2017)

1. The natural hazards report shall be prepared by an engineering geologist. The report shall be signed by the preparer and shall include the qualifications of the preparer.
2. The report shall be site-specific and shall identify all known or suspected potential natural hazards, originating on site or off site, affecting the particular property.
3. The report shall include a detailed site map (scale: one inch equals 200 feet or larger), showing the location of the hazard with delineation of the recommended setback distances from the hazard and the recommended location for structures.
4. The report shall address potential effects of the hazard on the proposed development and occupants thereof in terms of risk and potential damage.
5. The report shall contain recommendations for avoidance or mitigation of the effects of the hazard, consistent with the purposes set forth in HCC 10-18-1. The evidence on which recommendations and conclusions are based shall be clearly stated in the report. Trench logs (scale: one inch equals five feet or larger), aerial photographs, references with citations, and other supporting information as applicable, shall be included in the report.

(Code 2023, § 10-18-6; Ord. No. 2017-54, 12-13-2017)

1. In order to fulfill the purposes of this chapter, the planning commission (for conditional uses and subdivisions), and the community development director (for permitted uses) shall review any proposed development which requires preparation of a natural hazards report under this chapter to determine the possible risks to the safety of persons or property from natural hazards.
2. Prior to consideration by the planning commission or the community development department of any such development, the community development director shall submit the report to the city engineer, the state geological and mineral survey and/or other experts for review and recommendation. Any cost the city must pay for the review shall be paid by the applicant prior to planning commission or community development department action. The community development director shall file a copy of the natural hazards report with the city recorder and another copy with the state geological and mineral survey.
3. Whenever the planning commission or community development director determines that an area is subject to natural hazards which present an unreasonable risk to the safety of persons or property, including public streets, such area shall not be approved for development unless the applicant can demonstrate that such a risk can be reduced to a reasonable and acceptable level in a manner which has a minimum effect on the natural environment.
4. The planning commission or community development director may set requirements necessary to reduce the risks from natural hazards as a condition to the approval of any development which requires preparation of a natural hazards report.

(Code 2023, § 10-18-7; Ord. No. 2017-54, 12-13-2017)

1. Location of improvements. No critical facility (excluding transportation lines or utilities which by their nature may cross active faults), or structures designed for human occupancy, shall be built astride an active fault.
2. Discovery of fault. If a fault is discovered in the excavation for such a structure, a natural hazards report, as described in HCC 10-18-6, shall be prepared to determine if the fault is active and, if the fault is determined to be active, the procedures set forth in HCC 10-18-7 shall be followed.
3. Development limitations. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall meet the requirements of the building code. The community development director may increase footing setback requirements where information from a geotechnical report indicates slope conditions warrant a greater setback distance.

(Code 2023, § 10-18-8; Ord. No. 2017-54, 12-13-2017)

Whenever a natural hazards report is required under this chapter, the owner of the lot or parcel which is the subject of the report shall record a restrictive covenant running with the land, in a form satisfactory to the city, prior to approval of any development or subdivision of such lot or parcel, which shall include the following:

1. Notice that the lot or parcel is located within a natural hazards special study area as shown on the natural hazards map;
2. Notice of the existence and availability of the natural hazards report for public inspection in the city recorder's office; and
3. An agreement between the city and the owner of the lot or parcel, which shall be binding on any successor in interest, that the owner will comply with any conditions set by the planning commission or community development director to minimize potential adverse effects of the natural hazard.

(Code 2023, § 10-18-9; Ord. No. 2017-54, 12-13-2017)

Whenever the applicant for any new development for human occupancy is not required under this chapter to prepare a natural hazards report, although the lot or parcel to be developed is located within a high or moderate liquefaction potential special study area or surface fault rupture special study area as shown on natural hazards maps, notice that the lot or parcel is located within such area shall be recorded by the landowner in a form satisfactory to the city prior to approval of any such development.

(Code 2023, § 10-18-10; Ord. No. 2017-54, 12-13-2017)

1. Warning. The information required under this chapter and city natural hazards maps represent hazardous areas known to the city and shall not be construed to include all possible potential hazard areas. This chapter and natural hazard maps may be amended as new information becomes available pursuant to procedures set forth in HCC 10-5-8. The provisions of this chapter do not in any way ensure or imply that areas outside its boundaries will be free from possible adverse effects of natural hazards.
2. Disclaimer. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any damages from natural hazards that result from reliance on this chapter, natural hazard maps, or any administrative requirement or decision lawfully made thereunder.

(Code 2023, § 10-18-11; Ord. No. 2017-54, 12-13-2017)

The conversion of a building or structure from one not used for human occupancy to one that is so used shall not be permitted unless the building or structure complies with the provisions of this chapter.

(Code 2023, § 10-18-12; Ord. No. 2017-54, 12-13-2017)

In cases of conflict between the provisions of this chapter and the requirements of this title, construction codes, or any other ordinance of the city, the most restrictive provision shall apply.

(Code 2023, § 10-18-13; Ord. No. 2017-54, 12-13-2017)