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Ordinance No. 4041
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING SECTIONS 26-22, 26-24, 26-25, 26-29 AND 26-33 TO ARTICLE IV,
ENTITLED "FLOOD HAZARD PREVENTION," OF CHAPTER 26, ENTITLED
"BUILDINGS," OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
SECTION 1. Section 26-22 of the Butte County Code is amended to read as follows:
26-22-Permits.
(a) Additional requirements in flood hazard zones. Within flood hazard Zones A, AE, .
and AQ, on the official maps there are additional requirements in conjunction with
issuance of development permits for new construction, substantial improvements
other developments, including the placement of manufactured homes and pre-fabric
buildings, as set forth in this article.
{b} Application. To obtain a development permit in said zones, the applicant shall i
file an application therefore in writing on a county form furnished for that purpose by
department of Development Services and approved by the director of Developrr
Services. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which
is made;
{2} Describe the land on which the proposed work is to be done by lot, block,
and house and street address, or similar description that will readily identify
definitely locate the proposed building or work;
(3} Indicate the use or occupancy for which the proposed work is intended;
Ord. Amending Art 1 U, CH 26
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(4) Be accompanied by plans and specifications for the proposed development dr
to scale, and showing the dimensions and elevation of the site on which the prop
work is to be done, exzsting and/or proposed strictures, fill, storage of materials
drainage facilities;
(5) Be signed by the permittee or his authorized agent who may be required to su
evidence to indicate such authority;
(6) Be accompanied by:
a. The proposed National Geodetic Vertical Datum ("NGVD") elevation of
lowest floor of all strictures or, in the case of any nonresidential structure wl
will be flood praofed, the proposed NGVD elevation to which it will be fl
proofed; or
b. Tn AO zones, the minimum vertical distance above the highest adjacent gl
for the lowest floor;
(7) Be accompanied by all appropriate certifications required for lowest
elevations far all structures, flood proofing of nonresidential structures, wet
proofing and floodway encroachments;
{$} Give such other information as reasonably may be required by the county.
SECTION 2. Section 26-24 of the Butte County Code is amended to read as follows:
26-24 Sanne--Criteria for evaluation.
(a} The county, in reviewing all applications for new construction,
improvements, prefabricated buildings, placement of manufactured homes and
development(s) (as defined in section 26-29 of this article), and when reviewing the
being performed, will:
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{1) Obtain, review, and reasonably utilize, if available, any regulatory flood elevation
floodway data from federal, state or other sources, until such other data is provided by
Federal Insurance Administration in a flood insurance study;
{2} Require the use of construction materials and utility equipment that are resistant
flood damage;
(3) Require the use of construction methods and practices that will minimize flood
damage;
{4} Require buildings, manufactured homes and pre-fabricated buildings to be designed or
anchored to prevent the flotation, collapse or lateral movement of the structure or portions
of the structure due to flooding;
(5) Assure electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities shall be designed anal/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
{6} Assure encroachments, including fill, new construction, substantial improvements
other development, shall be prohibited in any floodway unless approval is provided by
Central Valley Flood Protection Board and written documentation by are
professional engineer demonstrates that the encroachments will not result in any
in flood levels during the occurrence of the base flood discharge. Such
documentation shall be provided to the floadplain administrator or designee;
(7} Require, for all new construction and substantial improvements, that fully enclose
areas below the lowest floor that are subject to flooding shall be designed to automaticall
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit <
floodwaters. Openings in foundation walls shall comply with the requirements set forth i
current FEMA Technical Bulletins and shall be certified by a registered profession.
Ord. Amending Arf !V, CH 26
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engineer or architect. Such certification shall be provided to the Director of
Services or designee; and
(S) Require the completion and submittal of an Elevation Certif cafe, FEMA Farm 81-3 i'
or a mare current comparable FEMA approved form, at three stages in the process, as se
forth in the Building Elevation Information (Survey Required) section of the faun:
Construction Drawings Certificate to be submitted prior to the issuance of the building
permit; a Building Under Construction Certificate to be submitted prior to the approval of
framing inspections; and a Finished Construction Certificate to be submitted priar to the
final inspection of the building permit. Such certification shall be provided to the Director
of Development Services or designee. The following exception to this requirement applies
to manufactured homes and pre-fabricated buildings: the Building Under Constructior
Certificate shall not be required.
(b} The county, in addition to the requirements in subsection {a) of this section, will:
(1) Require, within areas designated as Zones AE and AH on the official map, that
following standards are met:
a. The lowest floor elevation of new residential structures and substantial improvements
residential structures shall be elevated a minimum of one {1) foot or more above the BFE.
b. The lowest floor elevation of new or substantially improved nonresidential
shall either meet section 26-24{b}(1)(a); or, such nonresidential structures, together wi
attendant utility and sanitary facilities, shall:
1. Be flood proofed so that below the BFE the structure is watertight with
substantially impermeable to the passage of water,
2. Have structural components capable of resisting hydrostatic and hydrodynamic
and effects of buoyancy, and
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3. Be certified by a registered professional engineer or architect that the design anc
methods of canstructian are in accordance with accepted standards of practice for meeting
the provisions of this subsection. Such certification shall be provided to the Director a
Development Services or designee;
(2) Require within any area designated as Zane AO on the official map, that the followi
standards are met:
a. The lowest floor elevation of new and substantially improved residential structures
be elevated above the highest adjacent grade at least one (1} foot higher than the dep
number specif ed in feet on the official map (at least three (3) feet if no depth number
specified}.
b. The lowest floor elevation of new or substantially improved nonresidential structur
shall either meet section 26-24(b)(2}(a) or such nonresidential structures, together wi
attendant utility and sanitary facilities, shall:
1. Be flood proofed below the elevation as specified under section 26-24(b)(2)(a) so tr
the structure is watertight with walls substantially impermeable to the passage of water,
2. Have structural components capable of resisting hydrostatic and hydrodynamic loo
and effects of buoyancy, and
3. Be certif ed by a registered professional engineer or architect that the design
methods of construction are in accordance with accepted standards of practice for meeti
the provisions of this subsection. Such certification shall be provided to the Director
Development Services or designee;
(3) In an A Zone, without BFE's specified on the FIRM (unnumbered A Zone),
structures, residential and non residential, shall be elevated at least one (1}foot above
BFE as determined by methods comparable to those in a Flood Insurance Study or
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using the detailed methods as described in the most current edition of FEMA publicati~
FEMA 2b5, "Managing Floodplain Development in Approximate Zone AAreas -
Guide for Obtaining and Developing Base {100-year) Flood Elevations" or any succes
FEMA document.
{4) Assure that in regard to manufactured homes that the following standards are met:
a. Areas designated Zone AO:
1. All manufactured homes that are placed or substantially improved shall be elevated an a
permanent foundation system such that the lowest floor is elevated above the
adjacent grade at least one (1) foot ar more than the depth number specified in feet on
official map (at least (3} feet if no depth number is specifaed),
2. All manufactured homes that are placed or substantially improved shall be anchored
resist flotation, collapse or lateral movement, and installed in accordance with 1
requirements set forth in the current FEMA Publication entitled "Manufactured
Installation in Flood Hazard Areas,"
b. Areas designated Zones A, AE and AH:
1. Require that all manufactured homes to be placed or substantially improved be elevat
on a permanent foundation system such that the lowest floor of the manufactured home
elevated one (1) foot or more above the regulatory flood elevation, and shall meet t
provisions of subsection (b)(3)(a){2) of this section;
(5) Require, within Zones AH and AO, adequate drainage paths around structures
slopes, to guide floodwaters around and away from proposed structures.
(c) The Director of Development Services or designee shall, upon completion of building
construction, certify to the floodplain administrator, compliance with the provisions of this
section.
Ord. Amending Art !V, CH 26
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{d} The floodplain administrator shall complete a biennial report and submit it to the
Federal Emergency Management Agency.
SECTION 3. Section 26-25 of the Butte County Code is amended to read as follows:
Section 26-25 Subdivision applications.
All applications for the division of land filed in Zones A, AE, AH and AO on the official
map shall be reviewed by the Department of Public Works to assure that:
(A) All such proposed developments are consistent with the need to minimize flood
damage.
{B) Subdzvisian and parcel maps shall, as a condition of approval, establish regulatory
flood elevations and note same on the map prior to recordation of the map.
(C) Adequate drainage is provided so as to reduce exposure to flood hazards.
(D) AlI public utilities and facilities are located so as to minimize or eliminate flood
damage.
SECTION 4. Section 26-29 of the Butte County Cade is amended to read as follows:
Section 26-29 Deflni#ions.
Terrns or words as used in this chapter shall have the meaning as defined in 44 Code o
Federal Regulations (CFR}, Chapter 1, Subchapter B, Insurance and Hazard Mitigati
National Flood Insurance Program, Part 59-General Provisions, Subpart A-General unl
specifically defined below. Words or phrases used in this article not defined in 44 CFR
below shall be interpreted so as to give them the same meanings as they have in Comm
usage and so as to give this article its most reasonable applications:
(1) Areas of Shallow Flooding: The land within the County designated AO and AH
the Flood Insurance Rate Map (FIRM}. The base flood depths range from one {1} foot
three (3) feet; a clearly defined channel does not exist; the path of flooding
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unpredictable and indeterminate; and velocity flow may be evident. Such flooding
chacterized by ponding or sheet flaw.
{2} Base flood: A flood which has a one percent (1%} chance of being equaled
exceeded in any given year (also called the "100-year flood"). Base flood is the term u:
throughout this article.
(3) Base flood elevation (BFE): The elevation shown on the Flood Insurance Rate
for Zones AE and AH that indicates the water surface elevation resulting from a flood
has a one percent {1 %} ar greater chance of being equaled or exceeded in any given year.
(4) Basement: Any area of the building having its floor subgrade - i.e., below group
level - on all sides.
(5} Development: Any manmade change to improved or unimproved real est.
including but pat limited to the placement, construction, reconstruction, removal
abandonment of any building or other structure or encroachment, or agricultural practi
mining, dredging, filling, grading, paving, excavation, drilling operations or storage
equipment or materials, except agricultural practices which can be demonstrated not
increase flood levels upstream or downstream.
{6) Encroachment: Any obstruction or physical intrusion, including, but not limited
those caused by a building or other structure, or by the planting, abandonment or remo
of vegetation or development into a floodplain which may impede or alter the fl
capacity of a flaodplain {except planting or removal of vegetation for agricultural purpo
and which can be demonstrated not to increase flood levels upstream or downstream}.
{7) Flood: A temporary rise in a stream's flow or state that results in water
its banks and inundating areas adjacent to the channel, or an unusual and
accumulation of runoff or surface waters from any source.
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{$} Flood insurance rate map (FIRM}: The official map on which the Federal Emerger.
Management Agency or Federal Insurance Administration has delineated both the areas
special flood hazards and the risk premium zones applicable.
(9) Flood insurance study: The official report provided by the Federal Ins
Administration that includes flood prof les, the flood insurance rate map, the
boundaxy and flaodway map, and the water surface elevation of the base flood.
(10} Flood proofing: Any combination of structural and nonstructural additions,
or adjustments to structures, including utility and sanitary facilities, which would
the entry of water. Structural components shall have the capability of resisting
and hydrodynamic loads and the effect of buoyancy.
(11) Floodway: The channel of a river or other watercourse and the adjacent land are
that must be reserved in order to discharge the base flood without cumulatively increasi
the water surface elevation more than one {1) foot.
{ 12} Highest adjacent grade: The highest natural elevation of the ground surface prior
construction next to the proposed walls of a structure.
(13) Historic structure: Any structure that is:
1. Listed 'individually in the National Register of Historic Places (a listing maintai
by the Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements far individual listing an the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior a;
contributing to the historical significance of a registered historic district or a districl
preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; ar
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4. Individually listed on a local inventory of historic places in communities wi
historic preservation programs that have been certified either by an approved sta
program as determined by the Secretary of the Interior or directly by the Secrets
of the Interior in states without approved programs.
{14) Lowest adjacent grade: The lowest natural elevation of the ground surface prior
construction next to the proposed walls of a structure.
(15) Lowest floor: The lowest floor of the lowest enclosed area {including basement).
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, buildin
access or storage, in any area other than a basement area, is not considered a building'
lowest floor, provided that such enclosure is not built so as to render the structure
violation of the applicable non elevated design requirements of this article
(16} Manufactured home: For the purposes of this article, a structure, transportable in onf
{ 1 } or more sections, which is built on a permanent chassis and designed to be used with o
without a permanent foundation when connected to the required utilities and does no
include a recreational vehicle, or travel trailer.
(17} Manufactured home part{ {subdivision}: "Manufactured home subdivision" means
parcel {or contiguous parcels) of land which has been divided into two (2) or more lots f
rent or sale and the placement of manufactured homes.
(18) New construction: For the purposes of this article, means structures for which
"start of construction" commenced on or after the effective date of flood p
management regulations adopted by this county, and includes any
improvements to such structures.
(19) Recreational vehicle: A vehicle which is:
A. Built on a single chassis;
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B. 400 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 temporary living
quarters for recreational, camping, travel, or seasonal use.
(20) Special flood hazard area {SFHA): An area in the floodplain subject to a one percent
{1%) or greater chance of flooding in any given year. It is shown on an FHBM or FIRM
as Zone A, AO, AE, or AH.
(21) Start of construction: Means the date the building permit was issued, provided
actual start of construction, repair, reconstruction, rehabilitation, addition, placement,
other improvement was within one year from the date of the permit. The actual
means either the first placement of permanent construction of a structure on a site, such
the pouring of slab or footings, the installation of piles, the construction of columns, or a
work beyond the stage of excavation; or the placement of a manufactured home or
fabricated building on a foundation. Permanent construction does not include
preparation, such as clearing, grading, and filling; nor does it include the installation
streets andbr walkways; nor does it include excavation for a basement, footings, piers,
foundations or the erection of temporary forms; nor does it include the installation on
property of accessory buildings, such as garages or sheds not occupied as dwelling units
not part of the main structure. For a substantial improvement, the actual start a
construction means the first alteration of any wall, ceiling, floor, or other structural part
a building, whether or not that alteration affects the external dimensions of the building.
{22} Structure: A walled and roofed structure, including a gas or liquid storage tank
is principally above the ground, including but without limitation to buildings, facto
sheds, cabins, and manufactured homes.
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{23) Substantial damage: Damage of any origin sustained by a structure whereby the
of restoring the structure to it's before damaged condition would equal or exceed fifty (50
percent of the market value of the structure before the damage occurx
{24) Substantial improvement: Means any reconstruction, rehabilitation, addition,
other proposed new development of a structure, the cost of which equals or exceeds f
(50) percent of the market value of the structure before the "start of construction" of
improvement. The Substantial improvement cost is cumulative and includes
improvements that are not listed below as being excepted and that have occurred withi
the proceeding five years. This term. includes structures which have incurred
damage", regardless of the actual repair woxk performed. The term does not, however
include either:
a. Any project far improvement of a structure to correct existing violations or state or
health, sanitary, or safety code specifications which have been identified by the local
enforcement official and which are the minimum necessary to assure safe livi
conditions; or
b. Any alteration of a "historic structure", provided that the alteration will not preclude
structure's continued designation as a "historic structure."
(25) Violation: The failure of a structure or other development to be fully compliant
this article. A structure or other development without the elevation certificate,
certifications, or other evidence of compliance required in this article is presumed to be i~
violation until such time as that documentation is provided.
{26) 100-year flood: The condition of flooding having a one percent (1%) chance of
annual occurrence.
~ ~ SECTION 5. Section 26-33 of the Butte County Code is amended to read as follows:
Ord. Amending Art 1V, CH 26
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26-33 Canditians for variances.
Applications for a variance to the flood plain requirements shall be heard and decided
follows: for a lot of one-half acre or less by the Zoning Administrator, or if there is
Zoning Administrator, by the Planning Manager; and for a lot of greater than
acre by the Planning Commission. For historic structures, an application for a
shall be heard and decided by the Zoning Administrator, or if there is no
Administrator, by the Planning Manager regardless of the size of the lot on which it i
located.
{a) Generally, variances may be issued for new construction, substantial i
and other proposed new development to be erected on a lot of one-half acre or less in si
contiguous to and surrounded by lots with existing structures constructed below the ba
flood level, providing that the procedures of this article have been fully considered.
the lot size increases beyond one-half acre, the technical justification required for issui
the variance increases.
{b) Variances may be issued far the repair or rehabilitation of "historic structures"
defned in Section 26-29 of this code} upon a determination that the proposed repair
rehabilitation will not preclude the structure's continued designation as an histo~
structure and the variance is the minimum necessary to preserve the historic character
design of the structure.
(c} Variances shall not be issued within any mapped regulatory floodway if any
in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is
"minimum necessary" considering the flood hazard, to afford relief. "Mini
necessary" means to afford relief with a minimum of deviation from the requirements
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this article. For example, in the case of variances to an elevation requirement, this
the County of Butte need not grant permission for the applicant to build at grade, or
to whatever elevation the applicant proposes, but only to that elevation which the Ci
of Butte believes will both provide relief and preserve the integrity of this article.
(e) Variances shall only be issued upon {i} a showing of good and sufficient cause, (ii}
determination that failure to grant the variance would result in exceptional hardship to tl
applicant, and (iii) a determination that the granting of a variance will not result
increased flood heights, additional threats to public safety, extraordinary public exper.
create nuisances, cause fraud on or victimization of the public, or conflict with exist
local laws or ordinances;
(f) The County shall notify the applicant in writing over the signature of the Director
Development Services or designee that {i) the issuance of a variance to construct
structure below the base flood level will result in increased premium rates for
insurance up to amounts as high as $25 for $100 of insurance coverage and (ii)
construction below the base flood level increases risks to life and property.
notification shall be maintained with a record of all variance actions as required i
paragraph H of this section; and
{g) The Director of Development Services or designee shall (i) maintain a record of
variance actions, including justification for their issuance, and (ii) provide
information on variances to the floodplain administrator. The floodplain admini
shall report on variances in its biennial report submitted to the FEMA .
(h) Variances may be issued for new construction and substantial improvements and
other development necessary for the conduct of a functionally dependent use
that (i) the criteria of paragraphs C through F of this section are met, and {ii) the
Ord. Amending Art IV, CH 26
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or other development is protected by methods that minimize flood damages during
base flood and create no additional threats to public safety.
(i) Variances may be appealed, upon paying the required appeal fee as set forth in
Butte County Master Fee Schedule, in the following manner: from the
Administrator/Planning Manager to the Planning Commission; and from the
Commission to the Board of Supervisors.
SECTION b. Severability. If any provision of this Ordinance or the application thereof to
person or circumstances is for any reason held to be invalid by a court of competent jurisdicti
such provision shall be deemed severable, and the invalidity thereof shall not affect
remaining provisions or other applications of the Ordinance which can be given effect withc
the invalid provision or application thereof.
SECTION 7. Effective Date and Publication. This Ordinance shall take effect thirty (30) d~
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed
publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinar
shall be published once, with the names of the rraembers of the Board of Supervisors voting
and against it, in the Chico Enterprise Record, a newspaper of general circulation published i
the County of Butte, State of California.
111
111
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State o
I California, on the 27th day of March , 2012, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
I I NOES: None
Ord. Amending Art !V, CH 26
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ABSENT: None
NOT NOTTING: None
ATTEST:
Paul Hahn
Chief Administrativ Officer
and Clerk of.~he o~.rd,
I BY
Ord. Amending Art !V, CH 26
Steve L rt, Chair of the
Butte Co ty Board of Supervisors
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