The restrictive flood (F-2) district is intended to be combined with any principal district to minimize or avoid hazards to life and property from flooding in the areas of special flood hazard established by the Federal Emergency Management Agency, pursuant to the Flood Disaster Protection Act of 1973, and in other areas of significant flood hazard. These regulations apply in all districts combined with this district, provided that in case of conflict between the regulations of the principal district and this district, the more restrictive regulations control.

(Ord. 97-4 § 28, 1994: prior code § 5.02.340 (A))

For the purposes of this chapter, the following words and terms are defined as follows:

A.

"Accessory structure" for floodplain management purposes means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. The term includes only accessory structures used for parking and storage.

B.

"Adversely affect" means any significant detrimental effect on a cumulative basis which would result in increasing the water surface elevation of the base flood more than one foot at any point.

C.

"Agricultural structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

D.

"ASCE 24" means the standard flood resistant design and construction, referenced by the building code, developed, and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

E.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

F.

"Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the state of California and composed of:

1.

Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

2.

Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.

3.

Part 10, applicable to existing buildings (as defined in that code).

4.

Other specified codes.

G.

"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.

H.

"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. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two feet (six hundred ten mm).

I.

"Elevation certificate" means the FEMA form and document for the NFIP that certifies a structure's elevation relevant to the corresponding base flood elevation and is completed by a California registered professional civil engineer or land surveyor.

J.

"Flood damage-resistant materials" means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

K.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

L.

"Letter of map change (LOMC)" means an official determination issued by FEMA that amends or revises an effective flood insurance rate map (FIRM) or flood insurance study. Letters of map change include:

1.

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. LOMA amends the current effective FIRM and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2.

Letter of map revision (LOMR): 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.

3.

Letter of map revision based on fill (LOMR-F): 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. To qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

4.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. CLOMR does not revise the effective FIRM 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.

M.

"Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum, (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's FIRM are referenced.

N.

"Nuisance" for floodplain management purposes means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

O.

"Permit for floodplain development" means an official document or certificate issued by Shasta County including, but not limited to, permits issued under Title 12, 15, 16, and 17 of this code, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

P.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Q.

"Structure" for floodplain management purposes means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

1.

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; or

2.

A manufactured home ("a manufactured home," also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation).

R.

"Utility and Miscellaneous Group U" means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.

S.

"Variance" means a grant of relief from the provisions of this title which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.

T.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other required evidence of compliance.

(Ord. No. 2022-02, § 5(Exh. A, § 25), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 25), 3-15-2022; Ord. No. 2022-06, § 25, 9-13-2022)

Uses permitted in the F-2 district are all uses permitted in the principal district with which the F-2 district is combined, provided the zoning permit, administrative permit and use permit requirements of the principal district shall apply. Proposed development shall 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, all approvals or permits subject to this chapter and Chapter 17.22 shall be considered a permit for flood development.

(Ord. 97-4 § 29, 1994: prior code § 5.02.340 (B))

(Ord. No. 2022-02, § 5(Exh. A, § 26), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 26), 3-15-2022; Ord. No. 2022-06, § 26, 9-13-2022)

A.

Minimum requirements. Land division proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

1.

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

2.

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage.

3.

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

B.

Land division requirements. In addition to the requirements of Section 17.70.30.A of these regulations, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

1.

The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary land division map and shown on the recorded map.

2.

Where the subdivision has more than fifty lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 17.94.080.D.1.

3.

When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.

(Ord. 97-4 § 30, 1997: prior code § 5.02.340 (C))

(Ord. No. 2022-02, § 5(Exh. A, § 27), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 27), 3-15-2022; Ord. No. 2022-06, § 27, 9-13-2022)

A.

Every building permit application shall include plans and specifications for all proposed construction; elevations in relation to mean sea level of the lowest floor of residential structures, including basements or, for nonresidential structures, elevations to which it has been floodproofed; and such other information as the planning director or floodplain administrator may require.

B.

No building permit shall be granted unless the building official makes the following findings; if a use permit is required, the findings shall be made before the use permit is approved.

1.

The design and construction of all proposed improvements, including any man-made change to improved or unimproved real property, are consistent with the need to minimize flood damage; and

2.

Drainage is designed to reduce exposure to flood hazards.

C.

Base flood elevation data provided by an applicant shall be reviewed for approval by the floodplain administrator. Where base flood elevation data has not been provided by the Federal Emergency Management Agency, the floodplain administrator will advise an applicant how to obtain such data and will review and reasonably utilize the best existing base flood data available from any source, including high-water marks, floods of record and private engineering reports.

D.

The building official shall obtain and maintain elevation certifications, and all related documents associated with the building permit necessary to confirm that the elevation requirements of Section 17.70.050 have been satisfied.

(Ord. 97-4 § 31, 1997; prior code § 5.02.340 (D))

(Ord. No. 2022-02, § 5(Exh. A, § 28), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 28), 3-15-2022; Ord. No. 2022-06, § 28, 9-13-2022)

Notwithstanding the provisions of Sections 17.70.020, 17.70.030 and 17.70.040, all uses are subject to the following conditions and restrictions:

A.

Every structure shall be designed and anchored to prevent flotation, collapse or lateral movement of the structure, or portions of it, due to flooding.

B.

All construction materials shall be resistant to flood damage, construction methods and practices which will minimize flood damage shall be used and all public utilities shall be located and constructed to minimize flood damage.

C.

New or replacement domestic water supply systems and sewage disposal systems shall be designed and installed to prevent infiltration and discharges into floodwaters.

D.

The lowest floor, including the basement, of all residential structures or substantial improvements to existing residential structures shall be constructed at least one foot above the base flood level.

E.

The lowest floor, including the basement, of all nonresidential structures, or substantial improvements to existing nonresidential structures may be below the base flood level, provided the structure, utilities and water and sewage disposal facilities are floodproofed to a point at least one foot above the base flood level. When floodproofing is required, a registered civil engineer or licensed architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood level.

F.

All permits from governmental agencies whose approval of development in the restrictive flood zone is required by federal or state law, shall be obtained prior to commencement of construction or installation of any structure, water supply or sewage disposal system.

G.

No work that alters or relocates any portion of a watercourse shall diminish the flood-carrying capacity of the watercourse within the area of alteration or relocation.

H.

The floodplain administrator shall notify adjacent communities and the State Department of Water Resources prior to any permitted alteration or relocation of any watercourse within this zone district brought to the attention of the county.

I.

All mobile homes to be placed or substantially improved within this zone district shall be elevated on a permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system. The mobile home shall be certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. Section 85401 et seq.).

J.

Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

K.

All new construction and substantial improvements, 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

1.

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.

2.

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

3.

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

L.

All recreational vehicles placed on permitted sites within a recreational vehicle park or campground which lie within zones A, A1-A30, AH, and AE on the community's Flood Insurance Rate Map shall be on the site for fewer than one hundred eighty consecutive days and shall 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).

(Ord. 97-4 § 32, 1997; prior code § 5.02.340 (E))

Exemptions to the provisions of this chapter may be made if a variance is obtained, as provided in Section 17.92.010, based on special or unique circumstances associated with the property. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners and must be based on compelling need. However, given health and safety concerns and the cost of insuring a building built below flood level, variances from the flood elevation or from other requirements in the flood ordinance are rare.

A.

Exemptions shall consider the following variance criteria:

1.

All technical evaluations;

2.

All relevant factors;

3.

Standards specified in other sections of this title;

4.

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

5.

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

6.

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;

7.

Importance of the services provided by the proposed facility to the community, where applicable;

8.

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

9.

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

10.

Compatibility of the proposed use with existing and anticipated development;

11.

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

12.

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

13.

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

14.

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.

B.

Any applicant to whom a variance is granted shall be given written notice over the signature of floodplain administrator that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

2.

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the Shasta County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

D.

Any variance granted pursuant to this section shall become invalid when the proposed development is not commenced within one hundred eighty days after its issuance, or when the work authorized is suspended or abandoned for a period of one hundred eighty days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The floodplain administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty days each unless FEMA has issued notification of revision to the flood insurance rate study and flood insurance rate maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

(Ord. 97-4 § 33, 1997: prior code § 5.02.340 (F))

(Ord. No. 2022-02, § 5(Exh. A, § 29), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 29), 3-15-2022; Ord. No. 2022-06, § 29, 9-13-2022)

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

A.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

B.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

C.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

D.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(Ord. No. 2022-02, § 5(Exh. A, § 30), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 30), 3-15-2022; Ord. No. 2022-06, § 30, 9-13-2022)

In addition to the requirements of the building code and the provisions of this title, and regardless of any limitation on the period required for retention of public records, the floodplain administrator and building official shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps (FIRMs); documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

(Ord. No. 2022-02, § 5(Exh. A, § 31), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 31), 3-15-2022; Ord. No. 2022-06, § 31, 9-13-2022)