The floodplain combining (-FP) zone is intended to provide regulations which will protect life and minimize property damage in areas of special flood hazard subject to inundation during a one hundred-year base flood.

(Ord. 11-03 § 3, (part))

Section 17.38.020 shall apply to this chapter.

(Ord. 11-03 § 3, (part))

No structure or land hereafter shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. The rules of interpretation set forth in Section 17.38.040 shall apply to this chapter.

(Ord. 11-03 § 3, (part))

All areas designated by the symbol "-FP" on the zoning map of the city shall be subject to the regulations and restrictions contained in this chapter.

(Ord. 11-03 § 3, (part))

The principal and conditional uses permitted in the -FP zone shall be the same as those allowed under the primary zone with which the -FP zone is combined; provided, however, that the restrictions, regulations and prohibitions contained in this chapter shall supersede and take precedence over any inconsistent primary zone regulations.

(Ord. 11-03 § 3, (part))

The definitions set forth in Section 17.38.054 shall apply to this chapter.

No person shall begin any construction or development within the -FP zone without first obtaining a development permit from the building official. Application for such permit shall be made on forms furnished by the building official, and shall contain the following information:

A.

Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevation of the areas to be developed, all existing and proposed structures, fill, storage of materials, and drainage facilities;

B.

Proposed elevation of the lowest floor (including basement) of all structures, shown in relation to mean sea level; and in zone AO, as depicted on the flood insurance rate map, the elevation of existing grade and proposed elevation of existing grade and proposed elevation of the lowest floor of all structures with reference to, mean sea level;

C.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

D.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria set forth in Sections 17.40.080 through 17.40.120; and

E.

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

(Ord. 11-03 § 3, (part))

A.

The building official is designated as the floodplain administer and shall administer the provisions of this chapter, and shall receive, review and act upon all applications for development permits. In reviewing permit applications, he shall determine:

1.

Whether the permit requirements of this title have been satisfied;

2.

Whether the site is reasonably safe from flooding;

3.

Whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

a.

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,

b.

Be constructed with materials resistant to flood damage,

c.

Be constructed by methods and practices that minimize flood damages, and

d.

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.

4.

Before issuing a building permit, the building official must determine that 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. This 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 within the City of Willits.

5.

All letters of map revision (LOMR's) 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 (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

The building official shall obtain and maintain for public inspection and copying all maps, data, certifications and other information reasonably related to administration of this chapter.

The building official is authorized, where necessary, to make interpretations as to the exact location of zone boundaries, and of boundaries of areas of special flood hazard.

The building official shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

Notification of Other Agencies.

1.

Alteration or Relocation of a Watercourse.

a.

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

b.

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

c.

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

2.

Base Flood Elevation Changes Due to Physical Alterations.

a.

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).

b.

All LOMR's 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 (CLOMR's). Approved CLOMR's 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.

3.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

For development in an A zone, when base flood elevation data has not been provided in accordance with Section 17.40.020, 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 17.04.080.

(Ord. 11-03 § 3, (part))

The following construction standards shall apply to all development and construction within areas of special flood hazard, including all areas within the -FW and -FP zones:

A.

All new construction and substantial improvements shall be 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 set forth in Section 17.40.120.

B.

All new construction and substantial improvement of existing structures shall employ materials and utility equipment resistant to flood damage, and methods and practices that minimize flood damage.

C.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement:

1.

In AE, AH, A1-30 zones, elevated to or above the base flood elevation.

2.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

3.

In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 17.40.070(F).

Upon 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 building official to be properly elevated.

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

D.

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 the hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:

1.

For non-engineered openings:

a.

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;

b.

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

c.

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

d.

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

2.

Be certified by a registered civil engineer or architect.

E.

All new construction and substantial improvements of nonresidential construction either shall be elevated as required by subsection C of Section 17.40.080, or together with attendant utility and sanitary facilities shall:

1.

Be floodproofed together with attendant utility and sanitary facilities, below the elevation recommended under subsection C of Section 17.40.080, 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 civil engineer or architect that the standards of this subsection have been satisfied. Such certification shall be provided to the building official.

F.

Manufactured homes shall meet the standards set forth in subsections C or E of this section, and, in addition, meet the standards set forth in Section 17.40.120.

(Ord. 11-03 § 3, (part))

The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or could be injurious to human or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within a reasonable time after flood warning.

(Ord. 11-03 § 3, (part))

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

(Ord. 11-03 § 3, (part))

The following regulations shall apply to subdivisions within the -FP zone:

A.

All preliminary subdivision proposals shall identify flood hazard areas and base flood elevations.

B.

All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation 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.

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 so as to minimize flood damage.

E.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

F.

No subdivision shall be approved where any parcel to be created by the subdivision and intended for development, other than open space or recreational purposes, would be located entirely within an area of special flood hazard or where a parcel would not have an adequate building site located outside of an area of special flood hazard.

(Ord. 11-03 § 3, (part))

The following standards shall apply to all manufactured homes within the -FP zone. All new and replacement manufactured homes and additions to manufactured homes shall:

A.

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 A of Section 17.40.120 will be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement, and be elevated so that either the:

1.

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

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

B.

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:

1.

Within zones A1-30, 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.

2.

No manufactured home shall be placed in a floodway.

(Ord. 11-03 § 3, (part))

All recreational vehicles placed in zones A1-30, AH, and AE will either:

A.

Be on the site for fewer than one hundred eighty consecutive days;

B.

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

C.

Meet the permit requirements of Section 17.40.060 of this ordinance and the elevation and anchoring requirements for manufactured homes in subsection A of Section 17.40.120.

(Ord. 11-03 § 3, (part))

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance codified in this chapter 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, or the property owners.

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 insuring 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.

A.

Conditions for Variances.

1.

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 17.40.060 through Section 17.40.130 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.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.40.054 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

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

4.

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 the local ordinance.

5.

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

a.

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

b.

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

6.

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 Emergency Management Agency.

B.

Approval of Variances. The city council shall have the authority to hear and pass on requests for variances. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1.

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

2.

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

3.

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;

4.

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

5.

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

6.

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

7.

Compatibility of the proposed use with existing and anticipated development;

8.

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

9.

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

10.

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

11.

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;

12.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause;

b.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

c.

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 (see "public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

13.

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 B of Section 17.40.140 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;

14.

Upon consideration of the factors of subsection A of Section 17.40.140 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.

(Ord. 11-03 § 3, (part))

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 man-made 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 city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 11-03 § 3, (part))

The ordinance codified in this chapter and the various parts thereof are hereby declared to be severable. Should any section of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 11-03 § 3, (part))