HomeMy WebLinkAbout4120 1 Ordinance No. 4120
2 AN ORDINANCE AMENDING CHAPTER 24, ENTITLED "ZONING," RESPONDING
3 TO THE FLOOD MANAGEMENT REQUIREMENTS OF SENATE BILL SB-5 (2007)
AND THE CENTRAL VALLEY FLOOD PROTECTION PLAN ADOPTING A NEW
4 URBAN FLOOD PROTECTION OVERLAY ZONE AND AMENDING THE ZONING
5 MAP TO INCLUDE THE NEW OVERLAY ZONE, AND INCLUDING RELATED NEW
TERMS AND DEFINITIONS
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7 The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Intent.
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It is the intent of the Board of Supervisors, in adopting this Ordinance, to adopt amendments
to
11 relating to state legislation(SB-5, 2007) regarding flood hazard prevention.
12 Section 2. Table 24-11-2, Overlay Zones, is amended to include the Urban Flood Protection
13 Overlay Zone and related symbol, -FP, as follows:
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Overlay
15 Zone Symbol Name of Overlay Zone
-AC Airport Land Use Compatibility
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-CM Chapman Mulberry
17 -CH Cohasset
-DH Deer Herd Migration
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-FP Urban Flood Protection
19 -MA Military Airspace Overlay Zone
-NC SP North Chico Specific Plan
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-PH Public Housing
21 -REC Recreation Commercial
22 -RET Retail
-SH Scenic Highway
23 -SMSP Stringtown Mountain Specific Plan
24 -RW Neal Road Recycling,Energy,and Waste Facility
-UA Unique Agriculture
25 -WP Watershed Protection
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1 Section 3. Section 24-47.1 is added to the Butte County Code as follows:
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24-471—Urban Flood Protection Overlay Zone
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A. Purpose. The Urban Flood Protection Overlay Zone (-FP), as shown on the Zoning Map, i
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intended to ensure improved protections and limit damage from flooding within the County an.
6 ensure that the County provides an Urban Level of Flood Protection in accordance with State law.
7 B. Applicability. The -FP overlay zone may be combined with any base zone and any othe
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overlay zones. Areas subject to the -FP overlay zone include all known urbanized and urbanizinv
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land located within the 200 year floodplains in the County, as shown on the Zoning Maps an.
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11 based on the DWR 200 year flood mapping with inundation of greater than 3 feet{as demonstrate.
12 by the proposed development applicant using DWR mapping data provided by the County i i
13 available, or other adequate studies if not available). In the event of a conflict between the
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provisions of the base zone and the provisions of the-FP overlay zone,the stricter provisions shal
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prevail.
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17 C. Land Use Regulations. Permitted and conditionally permitted uses and land use regulation•
18 applicable in the -FP overlay zone are the same as those applicable within the base zone, except a-
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specified below.
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1. New uses that involve erecting, altering, moving, or enlarging any structure al.:
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22 prohibited unless findings detailed in Sections 26-22 and 26-24 of the Building
23 Code have been made.
24 2. New health-care facilities and government facilities {as defined below) ar=
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prohibited in the -FP overlay zone. The floodplain administrator may approv:
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exceptions if it can be determined that the operations of the proposed facilit
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28 would be substantially compromised at an alternative location outside the -F'
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1 overlay zone. The following use types (as indicated in the Zoning Ordinanc:
2 Use Tables) are subject to this provision:
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a. Emergency shelters
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5 b. Medical offices and clinics
6 c. Hospitals
7 d. Government offices
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e. Public safety facilities
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Section 4. The following definitions are added to Section 24-304 of the Butte County Cod
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11 as follows:
12 24-304 Definitions.
13 Urban Area. A developed area in which there are 10,000 residents or more.
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Urbanizing Area. A developed area or an area outside a developed area that is planned o
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16 anticipated to have 10,000 residents or more within the next 10 years.
17 Urban Level of Flood Protection. The level of protection that is necessary to withstand floodinv
18 that has a 1 in 200 chance of occurring in any given year using criteria consistent with, o
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developed by, the Department of Water Resources.
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200 Year Floodplain. Areas that have a 1-in-200 chance of flooding in any given year using
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22 criteria consistent with, or developed by, the Department of Water Resources. As used in thi'
23 chapter,the term shall be ascribed to all areas labeled as such on Health and Safety Element Figur:
24 HS-2.
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Section 5. Severability. If any provision of this Ordinance or the application thereof to an
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person or circumstances is for any reason held to be invalid by a court of competent jurisdiction
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28 such provision shall be deemed severable and the invalidity thereof shall not affect the remainin I,
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1 provisions or applications of the Ordinance which can be given effect without the invalid provisiol
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or application thereof
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Section 6. Effective Date and Publication. This Ordinance shall take effect thirty(30)days afte
the date of its passage. The Clerk of the Board of Supervisors is authorized and directed, before6 the expiration of fifteen(15) days after its passage, to publish this Ordinance once, with the name
7 of the members of the Board of Supervisors voting for and against it, in th-
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a newspaper published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State o
California, on the 25th day of October, 2016, by the following vote:
12 AYES: Supervisors Wahl, Lambert, Kirk, Teeter, and
Chair Connelly
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NOES:
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ABSENT:
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16 NOT VOTING:
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18 Bill Connelly, Chair of the
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Butte County Board of Supervisors
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22 ATTEST:
23 PAUL HAHN, Chief Administrative
24 Officer and Clerk of the Board
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B
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De
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