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 Sec. 6-16.1-1. Statutory authorization.

The State Legislature has in Government Code sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council does ordain as follows. in Article IIA of this chapter. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.1-2. Findings of fact.

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

(b) Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage may also contribute to the flood loss. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.1-3. Purpose.

It is the purpose of this article 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:

(a) To protect human. life and health;

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

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

(d) To minimize prolonged business interruptions;

(e) 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;

(f) 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;

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

(h) To insure that those who occupy the ares of special flood hazard assume responsibility for their actions. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.1-4. Methods of reducing flood losses.

In order to accomplish its purposes, this article includes methods and provisions for:

(a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(d) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. No. 1464 § 2(part).) Division 2. Definitions.

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 Sec. 6-16.2-0. Interpretation of language.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-1. Appeal.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-2. Area of shallow flooding.

"Area of shallow flooding" means a designated AO or AH 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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-3. Area of special flood hazard.

See special flood hazard area. (Ord. No. 1464, 5 2(part).)

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 Sec. 6-16.2-4. Base flood.

"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"). (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-5. Basement.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-6. Development.

"Development" means any manmade change to improved or unimproved zeal estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-7. Flood or flooding.

"Flood" or "flooding" means a general and temporary condition or 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 flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-8. Flood Boundary and Floodway Map.

"Flood" Boundary and Floodway Map" means 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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-9. Flood Insurance Rate Map (FIRM).

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-10. Flood Insurance Study.

"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. (Ord. No. 1464 § 2 (part).)

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 Sec. 6-16.2-11. Floodplain or flood-prone area.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-12. Floodplain management.

"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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-13. Floodplain management regulations.

"Flood-plain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances and grading ordinances) 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. (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-14. Floodproofing.

"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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-15. Floodway.

"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 flood-way." (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-16. Highest adjacent grade.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-17. Lowest floors.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-18. Manufactured home.

"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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site greater than one hundred eighty consecutive days. (Ord. No. 1464 S 2(part).)

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 Sec. 6-16.2-19. Manufactured home park or subdivision.

"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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-20. Mean sea level.

"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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-21. New construction.

"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. (Ord. No. 1464 § 2(part).)

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 Sec. 6-16.2-22. One-hundred-year flood or 100-year flood.

"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 article. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-23. Person.

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the state or its agencies or political subdivisions. (Ord. No. 1464, § 2 (part).)

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 Sec. 6-16.2-24. Remedy a violation.

"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 deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-25. Riverine.

"Riverine" means relating to formed by, or resembling a river (including tributaries), stream, brook, etc.) (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-26. Special flood hazard area (SFHA).

"Special flood hazard area (SFHA)" means an area having special flood hazard, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-27. Start of construction.

"Start of construction" includes substantial improvement, and means the 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. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-28. Structure.

"Structure" means-a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-29. Substantial improvement.

(a) "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:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged, and is being restored before the damage occurred.

(b) 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 affects the external dimensions of the structure. The term does not, however, include either:

(1) 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

(2) Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-30. Variance.

"Variance" means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.2-31. Violation.

"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 article is presumed to be in violation until such time as that documentation is provided. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.3-1. Lands to which this article applies.

This article shall apply to all areas of special flood hazards within the jurisdiction of the city of Davis. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.3-2. Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency of the Federal Insurance Administration in scientific and engineering reports entitled "Flood Insurance Study" for City of Davis, California, Yolo County; and "Flood Insurance Study," Yolo County, California, Unincorporated Areas; dated respectively May, 1979 and June, 1980, with accompanying Flood Insurance Rate Maps, are hereby adopted by reference and declared to be a part of this article. These Flood Insurance Studies are on file at the office of the city engineer, 1717 Fifth Street, (mail - 23 Russell Boulevard) Davis,. CA 95616. These Flood Insurance Studies are the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the flood-plain administrator. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.3-3. Compliance.

No structure or land shall hereafter be constructed, located, extend. ed, converted or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article 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. No. 1464, § 2(part).)

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 Sec. 6-16.3-4. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another article, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.3-5. Interpretation.

In the interpretation and application of this article, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 1464, § 2 (part).)

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 Sec. 6-16.3-6. Warning and disclaimer of liability.

The degree of flood protection required by this article 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 article does not apply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article 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 article or any administrative decision lawfully made thereunder. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.3-7. Severability.

This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.4-1. Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazards established in section 6-16.3-2. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and 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:

(a) Proposed elevation, in relation to mean sea level, of the lowest floor, (including basement) of all structures in Zone AO, the elevation of highest adjacent grade, and proposed elevation of lowest floor of all structures;

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

(c) All appropriate certifications listed in subsection (d) of section 6-16.4-3 of this article; and

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.4-2. Designation of the floodplain administrator.

The building official is hereby appointed to administer and implement this article by granting or denying development permits in accordance with its provisions. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.4-3. Duties and responsibilities of the flood-plain administrator.

The duties and responsibilities of the flood-plain administrator shall include, but not be limited to:

(a) Permit Review.

(1) Review all development permits to determine that the permit requirements of this article have been satisfied;

(2) All other required state and federal permits have been obtained;

(3) The site is reasonably safe from flooding;

(4) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this article, "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 6-16.3-2, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 6-16.5. Any such information shall be submitted to the city council for adoption.

(c) Whenever a watercourse is to be altered or relocated:

(1) Notify adjacent communities and the California Department of Water.Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(2) Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

(d) Obtain and maintain for public inspection and make available as needed;

(1) The certification required in subparagraph (c)(1) of section 6-16.5-1 (floor elevations);

(2) The certification required in subparagraph (c)(2) of section 6-16.5-1 (elevations in areas of shallow flooding);

(3) The certification required in subparagraph (c)(3)(C) of section 6-16.5-1 (elevation or floodproofing of nonresidential structures);

(4) The certification required in subparagraph (c)(4)(A) or (c)(4)(B) of section 6-16.5-1 (wet flood-proofing standard);

(5) The certified elevation required in subsection (b) of section 6-16.5-3 (subdivision standards);

(6) The certification required in subsection (a) of section 6-16.5-5 (floodway encroachments).

(e) 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 6-16.6.

(f) Take action to remedy violations of this article as specified in section 6-16.3-3 herein. (Ord. No. 1464, § 2 (part).)

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 Sec. 6-16.5-1. Standards of construction.

In all areas of special flood hazards the following standards are required:

(a) Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydro-dynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured homes shall meet the anchoring standards of section 6-16.5-4.

(b) Construction Materials and Methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4) Require within Zones AH or AO, adequate paths around structures on slopes to guide floodwaters around and away from proposed structures.

(c) Elevation and Floodproofing.

(1) New construction and substantial.improvements of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in sub-paragraph (c)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

(2) New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subparagraph (c).(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

(3) Nonresidential construction shall either be elevated in conformance with subparagraph (c)(1) or (c)(2) of this section or, together with attendant utility and sanitary facilities:

(A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

(4) Require, for all new.construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood-waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(A) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;

(B) Or be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(5) Manufactured homes shall also meet the standards in section 6-16.5-4. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.5-2. Standards for utilities.

(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.5-3. Standards for subdivisions.

(a) All preliminary subdivision proposals shall identify the flood hazard 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 flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

(c) All subdivision proposals shall be consistent with the need to minimize flood damage.

(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. No. 1464, § 2 (part).)

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 Sec. 6-16.5-4. Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:

(a) Be elevated so that the lowest floor is at or above the base flood elevation; and

(b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.5-5. Floodways.

Located within areas of special flood hazard established in section 6-16.3-2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development 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 subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this division. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.6-1. Appeal board.

(a) The city council shall hear and decide appeals and requests for variances from the requirements of this article.

(b) The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this article.

(c) In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article; and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The availability of alternative locations for the proposed use which are not subject to flooding;

(6) The compatibility of the proposed use with existing and anticipated development;

(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(8) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(9) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(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.

(d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subparagraphs (c)(1) through (c)(10) of section 6-16.6-1 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(e) Upon consideration of the factors of section 6-16.6-1(c) and the purposes of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(f) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. No. 1464, § 2(part).)

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 Sec. 6-16.6-2. Conditions for variances.

(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant 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.

(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (d) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(f) Any 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 regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the Yolo County recorder, and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. No. 1464, § 2(part).)