* For statutory provisions authorizing local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry, see Government Code § 65302, 65560 and 65800.

A. The flood hazard areas of the county of Madera 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. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately floodproofed, elevated or otherwise protected from flood damage, also contribute to the flood loss. (Ord. 554 § 2 (part), 1993).

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
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 blight areas;
G. To insure that potential buyers are notified that property is in an area of special flood hazard; and
H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 554 § 2(part), 1993).

In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which would result in damaging increases in erosion or 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 flood waters;
D. Controlling of 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 flood waters or which may increase flood hazards in other areas. (Ord. 554 § 2 (part), 1993).

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Alluvial fan” means a geomorphic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
“Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
“Appeal” is a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or of said administrator’s denial of a request for a variance.
“Area of shallow flooding” is a designated Zone AO or AH on the Flood Insurance Rate Map (hereinafter referred to as “FIRM”) where 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.
“Area of special flood-related erosion hazard” is the area subject to severe flood-related erosion losses. The area is designated as Zone AE on the FIRM.
“Area of special flood hazard” See “special flood hazard area.”
“Area of special mudslide (i.e., mudflow) hazard” is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the FIRM.
“Base flood” is the flood having a one percent chance of being equaled or exceeded in any given year (also called the one hundred year flood).
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“Board” means Madera County board of supervisors.
“Development” is 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.
“Encroachments” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or manufactured home 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 pouring of concrete pads) was completed before the effective date of the floodplain management regulations adopted by the county of Madera.
“Expansion to an existing manufactured home park or manufactured home subdivision” is 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, either final site grading or pouring of concrete pads, or the construction of streets).
“Flood Boundary and Floodway Map” (FBFM) is the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
“Flood Insurance Rate Map (hereinafter referred to as FIRM)” is 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.
“Flood Insurance Study” is the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM) and the water surface elevation of the base flood.
“Flood or flooding” is a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source; and/or
3. 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 these definitions.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).
“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.
“Floodplains 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 the 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.
“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.
“Floodway” means the channel of a river or other watercourse and the adjacent land area 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 the “regulatory floodway.” The floodway is delineated on the Flood Insurance Rate Map (FIRM).
“Flood-related erosion” is a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse, and that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.
“Fraud and victimization” as related to Section 14.60.165 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the board of supervisors will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Hardship” as related to Section 14.60.165 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The board of supervisors requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere, or put the parcel to a different use than originally intended.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historical structure” means any structure that is:
1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 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 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 the Interior; or
4. 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 with approved programs.
“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 chapter.
“Manufactured home” is a structure that is transportable in one or more sections, built on a permanent chassis, and designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
“Manufactured home park or subdivision” is a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter.
“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 pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the county of Madera.
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
“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 chapter.
“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.
“Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use.
“Public safety and nuisance” as related to Section 14.60.165, of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin.
“Recreational vehicle” means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
“Regulatory 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 food without cumulatively increasing the water surface elevation more than one foot.
“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 impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
“Riverine” means relating to, formed by or resembling a river (including tributaries), stream, brook, etc.
“Special flood hazard area (SFHA) “means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AH, or AE.
“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 slabs 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 as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the “start of construction” includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, “start of construction” means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions “start of construction” means the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
“Structure” is a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
“Substantial improvement” means any repair, reconstruction or improvement to a structure, the cost of which 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.
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. This 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 Historic Places or a State Inventory of Historic Places.
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
“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 chapter is presumed to be in violation until such time as that documentation is provided.
“Zone A” means an area of special flood hazard without water surface elevations determined.
“Zone AE” means an area of special flood hazard with water surface elevations determined.
“Zone AH” means an area of special flood hazards haying shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
“Zone AO” means an area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet.
“Zone D” means an area of undetermined but possible flood hazards.
“Zone X” means an area of minimal flood hazards.
(Ord. 554 § 2 (part), 1993).

This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the county of Madera. (Ord. 554 § 2 (part), 1993).

The areas of special flood hazard identified by the Federal Insurance Study (FIS) of the Federal Emergency Management Agency (FEMA) in the scientific and engineering report entitled “Flood Insurance Study, Madera County, California, Unincorporated Areas” dated August 4, 1987, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) dated August 4, 1987, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is 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 board of supervisors by the floodplain administrator. The study, FIRMs and FBFMs are on file at the Madera County Department of Engineering and General Services, 135 W. Yosemite Avenue, Madera, California 93637. (Ord. 554 § 2(part), 1993).

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter 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 Madera County board of supervisors from taking such lawful action as is necessary to prevent or remedy any violation including, but not limited to the recording against the property in the official records in the Madera County recorder’s office a notice of noncompliance with flood control ordinance and the simultaneous filing of a civil lawsuit to enforce the terms and provisions of this chapter and a lis pendens against the property. (Ord. 554 § 2 (part), 1993).

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and any other chapter, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 554 § 2(part), 1993).

In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the county of Madera and the board of supervisors; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 554 § 2(part), 1993).

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Madera, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance upon this chapter or any administrative decision lawfully made hereunder. (Ord. 554 § 2 (part), 1993)

A development permit shall be obtained before construction or development begins within any area of special flood hazard, area of flood related erosion hazards or area of mudslide (i.e., mudflow) hazards established under Section 14.60.060. Application for a development permit shall be prepared by a registered professional engineer or surveyor 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. Additionally, the following specific information is required:
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of the 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 Section 14.60.140C; and
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 554 § 2(part), 1993).

The Madera County engineer (hereinafter floodplain administrator) is appointed to administer and implement the provisions of this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 554 § 2 (part), 1993).

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit Review.
1. Review of all applications for development permits to determine that the permit requirements of this chapter have been satisfied;
2. Review of all applications for development permits to determine that the site is reasonably safe from flooding;
3. Review of all applications for development permits to insure that the proposed development does not adversely affect the carrying capacity of the area of the floodway. For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, increases 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 14.60.060, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources, such as high water mark(s), floods of record or private engineering reports, in order to administer Section 14.60.150 (and provide the developer with an estimated base flood elevation). Any such information shall be submitted to the board of supervisors for adoption.
C. Information to be Obtained and Maintained. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed:
1. The certification required in Section 14.60.150(C)(1) (floor elevations);
2. The certification required in Section 14.60.l50(C)(2) (elevations in areas of shallow flooding);
3. The certification required in Section
14.60.150(C)(3) (elevation or floodproofing of nonresidential structures);
4. The certification required in Section 14.60.150(C)(4)(a) or 14.60.150(C)(4)(b) (wet floodproofing standard);
5. The certified elevation required in Section 14.60.150(E)(2) (subdivision standards); and
6. The certification required in Section 14.60.150(G)(1) (floodway encroachments);
7. The reports required in Section 14.60.150(H) (mudflow standards).
D. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, it is the responsibility of the floodplain administrator to:
1. Notify adjacent communities and the California Department of Water Resources prior to any 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.
E. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries.
1. The floodplain administrator will provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood related erosion hazards and areas of mudslide (i.e., mudflow) 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 14.60.160.
F. Take action to remedy violations of this chapter as specified in Section 14.60.070 herein. (Ord. 554 § 2 (part), 1993).

The Madera County board of supervisors 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 chapter. (Ord. 554 § 2 (part), 1993).

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 hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section 14.60.150(F) (2),
B. Construction Materials and Methods.
1. All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall use 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 and AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. New construction and substantial improvement 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 Section 14.60.150(C)(3). Upon completion of structure the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the local building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2. New construction and substantial improvement to 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. If there is no depth number specified on the FIRM, the bottom of the lowest floor including basement, shall be elevated at least two feet above the highest adjacent grade. Nonresidential structures may meet standards in Section 14.60.150(C)(3). Upon the completion of the structure the elevation of the lowest floor including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector 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 Section 14.60.150(C)(1) or (2), 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; or
b. 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 14.60.150(F).
D. Standards for Utilities.
1. All new and replacement water systems and sanitary sewage systems shall be designed to minimize or eliminate both infiltration of flood waters into the system and discharge from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
E. Standards for Subdivisions.
1. All tentative subdivision map proposals shall identify the flood hazard area and the elevation of the base flood.
2. All final subdivision plans/maps shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
F. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved, within Zones Al-30, AH and AE on the Flood Insurance Rate Map, on sites located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
C. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated on a foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
2. All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V and VE on the FIRMs shall meet the requirements of Section 14.60.150(F)A.
3. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zone A1-30, AH, AE, V1-30, V and VE on the FIRMs that are not subject to the provisions of Section 14.60.150(F)A will be elevated so that either the:
a. Lowest floor of the manufactured home is at or above the base flood elevation; or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
G. Floodways. Located within areas of special flood hazard established in Section 14.60.060, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Encroachments are prohibited, 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.
2. If Section 14.60.150(G)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 14.60.150.
3. If no floodway is identified, the permit holder shall either provide an engineering study for the project area that established a setback where no encroachment of any new development will be allowed that would increase the water surface elevation of the base flood plus one foot; or establish a setback from the stream bank equal to five times the width of the stream at the top of the bank or twenty feet on each side from the top of the bank, whichever is greater.
H. Mudslide (i.e., Mudflow)-Prone Areas.
1. The floodplain administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area.
2. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:
a. The type and quality of soils;
b. Evidence of ground water or surface water problems;
c. The depth and quality of any fill;
d. The overall slope of the site; and
e. The weight that any proposed development will impose on the slope.
3. Within areas which have mudslide hazards, the following requirements apply:
a. A site investigation and further review shall be made by persons qualified in geology and soils engineering;
b. The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;
c. The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances;
d. Drainage, planting, watering and maintenance shall not endanger slope stability.
I. Flood-Related Erosion-Prone Areas.
1. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.
2. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
3. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
4. Within Zone AE on the Flood Insurance Rate Map, for all new development a setback is required from the riverfront or other body of water in order to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. (Ord. 554 § 2(part), 1993).

A. Nature of Variances. The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the board of supervisors to help protect county residents and visitors from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or some other requirements in this chapter are quite rare.
B. Appeal Board.
1. In passing upon requests for variances, the board of supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the following:
a. The danger that material may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location;
f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocities, duration, rate of rise and sediment transport of the flood waters expected at the site; and
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities, facilities, streets and bridges.
2. Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage;
b. Such construction below the base flood level increases risks to life and property;
c. A copy of this notice shall be recorded by the floodplain administrator in the office of the Madera County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration and FEMA. (Ord. 554 § 2(part), 1993).

A. Generally, variances may be issued for new construction, substantial improvements and other proposed new development 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 subsections (a) through (k) of Section 14.60.160(B)(1) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for reconstruction, rehabilitation or restoration of “historic structures” (as defined in Section 14.60.040) upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the board need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the board believes will both provide relief and preserve the integrity of this chapter.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause; (economic considerations, aesthetics, or claims that variances have been used in the past, are not good and sufficient cause);
2. A determination that failure to grant the variance would result in exceptional hardship, as defined in Section 14.60.040, to the applicant;
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 to the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction and substantial improvements and for other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions 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 creates no additional threats to public safety or nuisances.
G. Upon consideration of the factors of Sections 14.60.160 and 14.60.165 and the purposes of this chapter the board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 554 § 2(part), 1993).

A. The provisions of the pamphlet entitled “Federal Emergency Management Agency, National Flood Insurance Program and Related Regulations (revised as of October 1, 1986)” are incorporated into this chapter by this reference as though fully set forth herein.
B. The floodplain administrator shall maintain a copy of the National Flood Insurance Program and Related Regulations for inspection by the public.
C. In the event of any conflict between the provisions of this chapter and the provisions of the National Flood Insurance Program and Related Regulations, the provisions of the latter publication shall be controlling. (Ord. 554 § 2(part), 1993).