Chapter 20.04

20.04.010    Statutory authorization.

20.04.020    Findings.

20.04.030    Purpose.

20.04.040    Contents.

20.04.050    Definitions.

20.04.060    Applicability.

20.04.070    Basis for establishing the areas of special flood hazard.

20.04.080    Compliance.

20.04.090    Abrogation and greater restrictions.

20.04.100    Interpretation.

20.04.110    Warning and disclaimer of liability.

20.04.120    Severability.

20.04.010 Statutory authorization.

The Legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designated to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city does ordain as follows. (Ord. 1278 § 2 (part), 2002).

20.04.020 Findings.

(a)    The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)    The 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 floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1278 § 2 (part), 2002).

20.04.030 Purpose.

It is the purpose of this title 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:

(1)    To protect human life and health;

(2)    To minimize expenditure of public money for costly flood control projects;

(3)    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)    To minimize prolonged business interruptions;

(5)    To 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)    To 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)    To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 1278 § 2 (part), 2002).

20.04.040 Contents.

In order to accomplish its purposes, this title 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 flood heights or velocities;

(2)    Requiring that uses vulnerable 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 floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(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 floodwaters or which may increase flood hazards in other areas. (Ord. 1278 § 2 (part), 2002).

20.04.050 Definitions.

Unless specifically defined in this section, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.

(1)    "Appeal" means a request for a review of the floodplain administrator’s interpretation of any provision of this title or a request for a variance.

(2)    "Area of shallow flooding" means a designated AO, AH, 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.

(3)    Area of Special Flood Hazard. See "Special flood hazard area."

(4)    "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

(5)    "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

(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 is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(A)    Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(B)    The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

(7)    "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(8)    "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

(9)    "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(10)    "Flood boundary" and "floodway map" mean the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

(11)    "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(12)    "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

(13)    "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of floodwaters, (B) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (C) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

(14)    "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood-control works and floodplain management regulations.

(15)    "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

(16)    "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

(17)    "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(18)    "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. Also referred to as "regulatory floodway."

(19)    "Functionally dependent use" means a use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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

(21)    "Historic structure" means any structure that is:

(A)    Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(B)    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(C)    Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(D)    Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

(22)    "Lowest floor" means the lowest floor of the lowest enclosed area, including basement.

(A)    An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(i)    The wet floodproofing standard in Section 20.12.040(d),

(ii)    The anchoring standards in Section 20.12.020,

(iii)    The construction materials and methods standards in Section 20.12.030, and

(iv)    The standards for utilities in Section 20.12.050.

(B)    For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.

(23)    "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

(24)    "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

(25)    "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

(26)    "New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structures.

(27)    "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 1987.

(28)    "One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this title.

(29)    "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

(30)    "Recreational vehicle" means a vehicle which is:

(A)    Built on a single chassis;

(B)    Four hundred square feet or less when measured at the largest horizontal projection;

(C)    Designed to be self-propelled or permanently towable by a light-duty truck; and

(D)    Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

(31)    "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise determining future similar violations, or reducing federal financial exposure with regard to the structure or other development.

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

(33)    "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, A1—30, AE, A99, or AH.

(34)    "Start of construction" includes substantial improvement, and other proposed new development, and means that date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. 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 excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(35)    "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

(36)    "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

(37)    "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty 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 any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, include either:

(A)    Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(B)    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

(38)    "Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

(39)    "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 evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided.

(40)    "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1336 §§ 1, 2, 2011; Ord. 1316 § 1 (A)—(D), 2007; Ord. 1278 § 2 (part), 2002).

20.04.060 Applicability.

This title shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 1316 § 1 (E), 2007; Ord. 1278 § 2 (part), 2002).

20.04.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Yuba County, California and Incorporated Areas" dated February 28, 2011, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated February 18, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at Marysville City Hall, 526 C Street, Marysville. (Ord. 1336 § 3, 2011; Ord. 1316 § 1 (F), 2007; Ord. 1278 § 2 (part), 2002).

20.04.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations. Violations of the provisions of this title by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) 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. (Ord. 1278 § 2 (part), 2002).

20.04.090 Abrogation and greater restrictions.

This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1278 § 2 (part), 2002).

20.04.100 Interpretation.

In the interpretation and application of this title, 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. (Ord. 1278 § 2 (part), 2002).

20.04.110 Warning and disclaimer of liability.

The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This title 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 title shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this title or any administrative decision lawfully made hereunder. (Ord. 1278 § 2 (part), 2002).

20.04.120 Severability.

This title and the various parts thereof are declared to be severable. Should any section of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1278 § 2 (part), 2002).