HomeMy WebLinkAbout46-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of: )
)
Regulating Development in ) ORDINANCE NO. 46-84
Areas of Special Flood Hazards )
)
The City Council of the City of Danville DOES ORDAIN
as follows:
SECTION 1. Chapter 48 is added to Title 8 of the
Danville Municipal Code to read as follows:
"Chapter 48
Flood Damage Prevention Ordinance
Article 1. General Provisions
Section 8-4801. Findings of Fact.
(a) The flood hazard areas of the City of Danville
are subject to periodic inundation which could result 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.
(b) These flood losses are caused by the cumulative
effect of obstructions in areas of special flood hazards
which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas. Uses
that are inadequately flood-proofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
Section 8-4802. 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:
(1) protect human life and health;
(2) minimize expenditure of public money for
costly flood control projects;
(3) minimize the need for rescue and relief
efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) minimize prolonged business interruptions;
(5) minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
(6) help maintain a stable tax base by providing for
the second use and development of areas of
special flood hazard so as to minimize future
flood blight areas;
(7) insure that potential buyers are notified that
property is in an area of special flood hazard;
and
(8) insure that those who occupy the areas of
special flood hazard assume responsibility for
their actions.
Section 8-4803. Methods of Reducing Flood Losses. In
order to accomplish its purposes, this chapter includes
methods and provisions for:
(1) restricting or prohibiting uses which are
dangerous to health, safety, and property due
to water or erosion hazards, or which result
in damaging increases in erosion or in flood
heights or velocities;
(2) requiring that uses yulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
construction;
(3) controlling the alteration of natural flood
plains, stream channels, and natural protective
barriers which help accommodate or channel flood
waters;
(4) controlling, filling, grading, dredging, and
other development which may increase flood
damage; and
(5) preventing or regulating the construction of
flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in
other areas.
Section 8-4804. Definitions. In this chapter, unless
the context otherwise requires:
(1) "Alluvial Fan" is an area subject to flooding
when the floodplain is comprised ories of low
flow channels where sediment accompanies the
shallow flooding and the unstable soils scour
and erode during a flooding event;
(2) "Appeal" is a request for a review of the city
engineer's interpretation of a provision of this
chapter or a request for a variance;
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(3) "Area of shallow flooding" means a designated
AO or VO Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one
to three feet, a clearly defined channel does
not exist, the path of flooding is unpredictable
and indeterminate, and velocity flow may be
evident;
(4) "Area of special flood hazard" means the land in
the flood plain within a community subject to
a one percent or greater chance of flooding in "
any given year. This area is designated as
Zone A, AO, AR, AI-3D, VO and VI-3D on the FIRM;
(5) "Base flood" means the flood having a one
percent chance of being equalled or exceeded in
any given year;
(6) "Breakaway walls" means 'any type of walls, whether
solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic or any
other suitable building material which are not
part of the structural support of the building
and which are so designed as to breakaway, under
abnormally high tides or wave action, without
damage to, the structural integrity of the
building on which they are used or any buildings
to which they might be carried by flood waters;
(7) "Development" means any man-made 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 located within
the area of special flood hazard;
(8) "Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent
or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be
affixed (including, at a minimum, the installation
of utilities, either final site grading or the
pouring of' concrete pads, and the construction of
streets) is completed before the effective date of
this chapter;
(9) "Expansion to an existing mobile home park or
mobile home subdivision" means the preparation of
additional sites by the construction of facilities
for servicing the lots on which the mobile homes
are to be affixed (including the installation of
utilities, either final site grading or pouring of
concrete pads, or the construction of streets);
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- (10) "Flood" or "flooding" means a general and
temporary condition of partial or complete
inundation of normally dry areas from:
(a) the overflow of inland or tidal waters
and/or
(b) the unusual and rapid accumulation of
runoff of surface waters from any source;
(11) "Flood Boundary Floodway Map" is the official
map on which the Federal Insurance Administra-
tion has delineated both the areas of flood
hazard and the floodway;
(12) "Flood Insurance Rate Map (FIRM)" is the
official map on which the Federal Insurance
Administration has delineated both the areas
of special flood hazards and the risk premium
zones applicable to the community;
(13) "Flood Insurance Study" is the official
report provided by the Federal Insurance
Administration that includes flood profiles,
the FI~, the Flood Boundary Floodway Map,
and the water surface elevation of the base
flood;
(14) "Flood-Related Erosion" is a condition that
exists in conjunction with a flooding event
that alters the composition of the shoreline
or bank of a watercourse. One that increases
the possibility of loss due to the erosion of
the land area adjacent to the shoreline or
watercourse;
(15) "Floodway" means the channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
base flood without cumulatively increasing the
water surface elevation more than one foot. The
floodway is delineated on the Flood Boundary
Floodway Map;
(16) "Habitable floor" means any floor usable for
living purposes, which includes working, sleeping,
eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes
is not a "habitable floor";
(17) "Hazard Mitigation Plan" is a plan that incorporates
a process, whereby the potential of future loss due
to flooding can be minimized by planning and
implementing alternatives to floodplain management
community-wide;
(18) "Highest Grade" means the highest natural
elevation of the ground surface prior to
construction next to the proposed walls of
a structure;
(19) "Manufactured Unit" is a prefabricated structure
in one or more sections that is assembled on-
site with a permanent foundation;
(20) "Mobile home" means a structure that is
transportable in one or more secticns, built
on a permanent chassis, and designed to be
used with or without a permanent foundation
when connected to the required utilities. It
does not include recreational vehicles or
travel trailers;
(21) "New construction" means structure for which
the "start of construction" commenced after
the effective date of this chapter;
(22) "New mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for
rent or sale for which the construction of
facilities or servicing the lot (including, at
a minimum, the installation of utilities, either
final site grading or the pouring of concrete pads,
and the construction of streets) is completed on
or after the effective date of this chapter;
(23) "Sand Dunes" are naturally occurring accumulations
of sand in ridges or mounds landward of the beach;
(24) "Start of Construction" meads the first placement
cf permanent construction of a structure (other
than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not
include land preparation, such as clearing, grading
and filling, nor does it include the installation
of streets and/or walkways; nor does it include
excavaticn for a kasement, footings, piers or
foundations or the erection of temporary forms;
nor does in include the installation on the property
of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of
the main structure. For a structure (other than
a mobile home) without a basement or poured
footings, the "start of construction" includes
the first permanent framing or assembly of the
structure or any part thereof on its piling or
foundation. For mobile home not within a mobile
home park or mobile home subdivision, "start of
construction" is the date on which the construction
of facilities for servicing the site on which the
mobile home is to be affixed (including, at a
minimum, the construction of streets, either
final site grading or the pouring of concrete
pads, and installation of utilities) is completed;
(25) "Structure" means a walled and roofed building or
mobile home that is principally above ground;
(26) "Substantial improvement" means repair, recon-
struetien, or improvement cf a structure, the
cost of which equals or exceeds 50 percent of
the market value of the structure either:
(a)before the improvement or repair is
started, or
(b) if the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition
"substantial improvement" is considered to
occur when the first alteration of anywall,
ceiling, floor, or other structural part
of the building commences, whether or not
that alteration affects the external
dimensions of the structure. The term
does not, however, include eitker:
(i) any project for improvement of a
structure to comply with existing
state or local health, sanitary, or
safety code specifications which are
solely necessary to assure safe
living conditions, or
(ii) any alteration of a structure listed
on the National Register of Historic
Places or a State Inventory of
Historic Places;
(27) "Variance" means a grant of relief from the
requirements of this chapter which permits con-
struction in a manner that would otherwise be
prohibited by this chapteI.
Article 2. General Provisions.
Section 8-4811. Lands to Which This Chapter Applies.
This chapter applies to all areas of special flood hazards
within the jurisdiction of the City of Danville, California.
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Section 8-4812. Basis for Establishing the Areas of
Special Flood Hazard. The areas-of special flood hazard
identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood
Insurance Study for the City of Danville", dated April 18,
1984, with an accompanying Flood Insurance Rate Map is
hereby adopted by reference and declared to be a part of
this chapter. The Flood Insurance Study is on file at the
City offices, 542 San Ramon Valley Blvd., Danville, California.
Section 8-4813. Compliance. No structure or land
shall hereafter be constructed, located, extended, converted,
or altered without compliance with the terms of this chapter
and other applicable regulations.
Section 8-4814. Abrogation and Greater Restrictions.
This chapter is not intended to repeal, abrogate, or impaim
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.
Section 8-4815. Interpretation. In the interpretation
and application of this chapter, all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the
governing body; and
(3) deemed neither to limit nor repeal any
other powers granted under state statutes.
Section 8-4816. 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 man-made or natural causes. This
chapte~ 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 chaptez
shall not create liability on the part of the City of
DAnville, any officer or employee, or the Federal Insurance
Administration, for flood damage that results from reliance
on this chapter or an administrative decision made under it.
Article 3. Administration.
Section 8-4821. Establishment of Development Permit.
A Development Permit must be obtained before construction
or development begins within any area of special flood hazard
established in secticn 8-4812. Application for a Development
Permit shall be made on forms furnished by the city engineer
and may include, but not be limited to: plans in duplicate
drawn to scale showing the nature, location, dimensions, and
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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:
(1 proposed elevation in relation to mean sea
level, of the lowest habitable floor (including
basement) of all structures; in Zone AO elevation
of existing grade and propose~ elevation of
lowest habitable floor of all structures;
(2 proposed elevation in relation to mean sea level
tc which any structure will be floodproofed;
(3 certification by a registered professional
engineer or architect that the floodproofing
methods for any non-residential structure
meet the floodproofing criteria in section
8-4834(c) ; and
(4) description of the extent to which any water-
course will be altered or relocated as a result
of proposed development.
Section 8-4822. Designation of the Administrator. The
city engineer is appointed to administer and implement this
chapter by granting or denying development permit applications
in accordance with its provisions.
Section 8-4823. Duties and Responsibilities of the
Administrator.
(a) Duty to review permits. The duties of tke
Administrator include but are not limited to:
1) review of development permits to determine
that the permit requirements of this
chapter are satisfied;
2)review permits to determine that the site
is reasonably safe from flooding;
3) review development permits to determine
if the proposed development adversely
affects the flood carrying capacity of
the area of special flood hazard. 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 not increase the water
surface elevation of the base flood more
than one foot at any point.
(b) Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with
section 8-4812, Basis for Establishing the Areas of Special
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Flood Hazard, the city engineer shall obtain, review, and
reasonably utilize any base flood elevation data available
from a federal, state or other source, in order to
administer ARticle 4 of this chapter.
(c) Information to be Obtained and Maintained. The
city engineer shall obtain and maintain for public inspection
and make available as needed for Flood Insurance Policies:
(1) The certificaticn required in Secticns
8-4834(a) (b) and (c) , 8-4837(e);
(2) Certification of the elevation of the
lowest floor, floodproofed elevation,
or the elevation of the structure's
lowest horizontal member is required
at that point where the footings are
set and slab poured. Failure to
submit elevation certification shall
be cause to issue a stop-work order for
the project. As built plans certifying
the elevation of the lowest adjacent grade
is also required; and
(3) If fill is used to elevate a structure
abcve the base flood elevation, the permit
holder may wish to apply for a Letter of
Map Amendment (LOMA), as set forth in
Article 6 of this chapter.
(d) Alteration of Watercourses. The city engineer
shall:
(1) notify adjacent communities and the
California Department cf W6ter Rescurces
prior to any alteration or relocation
of a watercourse, and submit evidence of
such notification to the Federal Emergency
Management Agency;
(2) require that the f]cod c~rrying capacity of
the altered or relocated portion of said
watercourse is maintained.
(e) Interpretation of FIRM Boundaries. The city engineez
skal] make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazards
(for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The perscn
ccntesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided
in Article 5.
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Article 4. Provisions for Flood Hazard Reduction.
Section 8-4831. Standards of Construction. In all
arees cf special flood hazards the standards set forth
in this article are required.
Section 8-4832. Anchoring.
(a) All new construction and substantial and
substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(b) All mobile homes shall meet the anchoring
standards of section 8-4838(a).
Section 8-4833. Con£truction M~terials and Methods.
(a) All new construction and substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage.
(b) All new construction and substantial improvements
shall be constructed using methods and practices that
minimize flood damage.
(c) All elements that function as a part of the
structure, such as furnace, hot water heater, air condi-
tioner, etc., shall be elevated to or above the base flood
elevation or depth number specified on the Flood Insurance
Rate Map (FIRM).
Section 8-4834. Elevation and Floodproofing.
(a) New construction and substantial improvement of
any structure shall have the bottom of the lowest floor
beam or basement floor elevated to or above the base flood
elevation. Non-residential structures will meet tke standards
in Subsection (c). Upon completion of the structure the
elevation of the lowest floor, including the basement, shall
be certified by a registered professional engineer or
surveyor or verified by the local building inspector that
the elevation requirements have been met. Notification of
compliance skall be recorded as set forth in Section
8-4823(c).
(b) New construction and substantial improvement to
any structure in a Zone AO shall have the bottom of the
lowest floor beam or basement floor elevated to or above the
depth number specified on the Floor Insurance Rate Map (FI~q).
If there is no depth number on the Flood Insurance Rate ~a~
(FIRM), the bottom of the lcwest floor beam or basement floor
shall be elevated to a depth of one (1) foot above the highest
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adjacent grade. Non-residential structures will meet
standards in subsection (c) . Upon completion of the
structure, compliance to the elevation requirement £hal]
be certified by a registered professional engineer or
surveyor or verified by the local building inspector.
Notification of compliance shall be recorded as set forth
in Section 8-4823(c) .
(c) Non-residential construction shall either be
elevated in conformance with subsection (a) or (b) or
together with attendant utility and sanitary facilities,
be floodproofed to the base flood elevation. Examples
of floodproofing include, but are not limited to:
(1) Installation of watertight doors,
bulkheads, and shutters.
(2) Reinforcement of walls to resist
water pressure.
(3) Use of paints, membranes or mortars
to reduce seepage through walls.
(4) Addition of mass or weight to
structure to resist flotation.
(5) Armour protection of all fill
materials from scour and/or erosion.
(6) Certification by a registered
professional engineer or architect
that the standards of this sub-section
are satisfied. Such certification
shall be provided to the official set
forth in Section 8-4823(c) (1).
(d) Mobile homes shall meet the above standards and
also the standards in Article 4.
Section 8-4835. Standards for Storage of Materials
and Equipment.
(a) The storage or processing of materials that are
in time of flooding buoyant, flammable, explosive, or could
be injurious to human, animal or plant life is prohibited.
(b) Storage of other material or equipment may be allowed
if not subject to major damage by floods and firmly anchored
to prevent flotation or if readily removable from the area
within the time available after flood warning.
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Section 8-4836. Standards for Utilities.
(a) All new and replacement water supply and
sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and
discharge from systems into flood waters;
(b) On-site waste disposal systems shall be located
tc avoid impairment to them or contamination from them
during flooding.
Section 8-4837. Standards for Subdivisions.
(a) All preliminary subdivision proposals shall
identify the flood kazard area and the elevation of the
base flood;
(b) All final subdivision plans will provide the
elevation of proposed structure(s) and pads. If the site is
filled above the base flcod, the final pad elevation shall
be certified by a registered professional engineer or
surveyor and shall be provided to the official as set forth
in section 8-4823(c) (1);
(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 lccated and constructed to minimize flood
damage;
(e) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
Section 8-4838. Standards for Mobile Homes and Mobile
Home Parks and Subdivisions.
(a) Anchoring. All new mobile homes and additions
to mobile homes shall be set on permanent foundation ~by
anchoring the unit to resist flotation, collapse, or
lateral movement by one of the following methods:
(1) By providing an anchoring system designed
to withstand horizontal forces of 15
pounds per square foot and uplift forces
ef 9 pounds per square foot; or
(2) By the anchoring of the unit's system,
designed to be in compliance to the
Department of Housing and Urban Development
Mobile Hcme Ccnstruction and Safety Standards;
or
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(3) By bolting the frame or undercarriage
to a reinforced, permanent foundation
such as a retaining wall or storm wall
used to set the unit.
As set forth in Section 8-4823(c) (1), certification
meeting the standards above is required of the installer
or state agency respcnsible for regulating the placement,
installation, and anchoring of individual mobile home units.
(b) Mobile Home Parks and Mobile Home Subdivisions.
The following standards are required for (1) mobile homes
not placed in mobile home parks or subdivisions, (2) new
mcbile ho~e parks o~ subdivisions, (3) expansions to
existing mobile home parks or subdivisions and, (4) repair,
reconstruction, or improvements to existing mobile home
parks or subdivisions that equal or exceed 50 percent of the
value of the streets, utilities and pads before the repair,
reconstruction or improvement commence:
(1) Adequate surface drainage and access for a
hauler shall be provided.
(2) All mobile homes shall be placed on pads
or lots elevated on compacted fill or on
pilings so that the lowest floor of the
mobile home is at or above the base flood
level. If elevated on pilings:
(a) the lots shall be large enough to
permit steps;
(b) the pilings shall be palcad in stable
scil no more than ted feet apart and
(c) reinforcement shall be provided for
pilings more than six feet above the
ground level.
(c) No mobile home shall be placed in a floodway,
except in an existing mobile home park or existing mobile home
subdivision.
(d) Certification of compliance is required of the
developer responsible for the plan or state agency ~esponsible
for regulating mobile home placement.
Section 8-4839. Floodways. Located within areas of
special flood hazard established in section 8-4812 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:
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(a) Prohibit encroachments, including fill, new
construction, substantial improvements, and other develop-
ment unless certification by a registered professional
engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
(b) If no floodway is identified, the permit holder
shall provide an engineering study for the project area that
establishes a setback where no encroachment of any new
development will be allowed that would increase the water
surface elevation of the base flood plus one (1) foot;
or establish a setback from the stream bank equal to five
(5) times the width of the stream at the top of the bank
or twenty (20) feet on each side frcm the top of the bank,
whichever is greater.
Section 8-4840. Standards for Alluvial Fans. Areas
subject to alluvial fan flooding have irregular flow paths
that result in erosion of existing channels and the
undermining of fill material. Those areas are identified
on the Flood Insurance Rate Map (FIRM) as AO Zones with
velocities.
(a) All structures must be securely anchored to
minimize the impact of the flood and sediment damage.
(b) All Dew construction and substantial improvements
must be elevated on pilings, columns, or armoured fill so
that the bottom lowest floor beam is elevated at or above
the depth numbez.
(c) Use cf all fill materials must be armoured to
protect the material from the velocity of the flood flow.
(d) All proposals for subdivision development must
provide a mitigation plan that identifies the engineering
methods used to:
(1) Protect structures from erosion and
scour caused by the velocity of the
flood flow;
(2) Capture or transport flood and sediment
flow through the subdivision to a safe
point of disposition.
(e) All mobile homes shall be prohibited within the
identified hazard area except within existing mobile home
parks or subdivisions.
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Article 5. Variance Procedure.
Section 8-4841. Appeals.
(a) The Planning Commission shall hear and decide
appeals and requests for variances from the requirements
of this chapter.
(b) The Planning Commission shall hear and decide
appeals when it is alleged there is an error in a requirement,
decision, or determination made by the city engineer in the
enforcement cr administration of this chapter.
(c) The decision of the Planning Commission may be
appealed to the City Council.
Section 8-4842. Standards for Review. In passing
upon an appeal under this chapter the reviewing body
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of the
Municipal Code, and:
(1) the danger that materials may be swept
onto othez lands to the iPjuzy ¢,f others;
(2) the danger to life and property due to
flooding or erosion damage;
(3) the susceptibility of the proposed
faciIity and fts contents to flcod damage
and the effect cf such damage on the
individual owner;
(4) the importance of the services provided
by the proposed facility to the
community;
(5) the availabi/~ty of alternative locaticns,
for the proposed use which are not subject
to flooding or erosion damage;
(6) the compatability of the proposed use
with existing and anticipated development;
(7) the relationship of the proposed use to
the comprehensive plan and flood plain
management program for that area;
(8) the safety of access to the property in
ti~es cf flood for ordinary and emergency
vehicles;
(9) the expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects cf wave action,
if applicable, expected at the site; and
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(10) the 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.
Section 8-4843. Issuance of Variances.
(a) A variance may be issued for new construction and
substantial improvements to be erected on a lot of o~e-half
acre cr less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing the standazds in secticn 8-4842(1)-(10)
are considered. As the lot size increases beyond the one-
half acre, the technical justification required for issuing
the variance increases.
(b) Upon consideration of the factors of section
8-4842(1)-(10) and the purposes of this chapter, the Planning
Commission may attach such conditions to the granting of
variances as it considers necessary to further the purposes
of this chapter.
(c) The city engineer shall maintain the records of
_ appeal actions and report any variances tc the Federal
Emergency Management Agency upon request.
Section 8-4844. Conditions for Issuance of Variances.
(a) A variance may be issued fcr the reconstruction,
rehabilitation or restoration of a structure listed on the
National Register of Historic Places cr the State Inventcry
cf Historic Places, without regard to the procedures set
forth in the remainder of this section.
(b) A variance may not be issued within any
designated floodway if any increase in flood levels
during the base flood discharge would result.
(c) A variance shall only be issued upon a
determination that the variance is the minimum necessary,
considering the flcod hazard, to afford relief.
Section 8-4845. Show Necessary for Variance. A
variance shall cnly be issued upon:
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(1) a showing of good and sufficient cause
such as renovation, rehabilitation, or
reconstruction. Variances issued for
economic considerations, aesthetics, or
because variances have been used in the
past, are NOT good and sufficient cause;
(2) a determination that failure to grant the
the variance would result in exceptional
hardship to the applicant; and
(3) a determination that the granting of a
variance will not result in increased
flood heights, additional threats to
public safety, extraordinary public expense,
create nuisances, cause fraud on or
victimization of the public, or conflict
with existing local laws or ordinances.
Section 8-4846. Information to Accompany Variance.
An applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
Article 6. Letter of Map Amendment.
Section 8-4851. Letter of Map Amendment.
There are two methods of appeal that exempt a structure
from the purchase of flood insurance; bcth must be supported
by the items listed below:
Appeal to Elevation Requirements:
(1) An actual stamped copy of the recorded
plat map of the property showing official
recordation and proper citation, or a
photocopy of property's legal description
(e.g., lot, block and plot number, etc.).
(2) A copy of the Flood Hazard Boundary Map
(FHBM) and/or Flood Insurance Rate Map
(FIRM). Both must identify the location
of the property.
(3) A certification by a registered professional
engineer or land surveyor or verification by
the community building official stating:
(a) The type of structure;
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(b) The elevation of the lowest finished
grade adjacent to the structure;
(c) The elevation of the bottom of the
lowest floor beam.
Appeal of Location:
(1) An actual stamped copy of the recorded plat
map of the property showing official
recordation and proper citation, or a
photocopy of property's legal description
(e.g., lot, block, and plot number, etc.).
(2) A copy of the Flood Hazard Boundary Map
(FHBM) and/or Flood Insurance Rate Map
(FIRM). Both must identify the location
of the property as not within Zone A or V.
(3) Verification by local building official as
to the property's location."
SECTION 2. Publication.
The City Clerk shall either a) have this ordinance
published once within 15 days after adoption in a newspaper
of general circulation or b) have a summary of this ordinance
published twice in a newspaper of general circulation, once
five days before its adoption and again within 15 days after
adoption.
SECTION 3. Effective Date.
This ordinance becomes effective 30 days after its
adoption.
The foregoing ordinance was introduced at a meeting
of the City Council of the City of Danville held on
December ]7 , 1984, and was adopted and ordered
published at a meeting of the Council held on January 7,
1985, by the following vote:
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AYES: May, McNeely, Offenhartz, Schlendorf
NOES: None
ABSENT: Lane ~\
ATTEST:
T~~-
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