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A. Purpose.

1. Establishment. The -FP overlay zoning district is established in order to combine with and modify the base zoning district for the property. All of the provisions of the base zoning district will continue to apply, except as modified by the provisions of this section. The -FP overlay zoning district shall be applied to any portion of property located in unincorporated Sierra County within the special flood hazard area (100-year floodplain) as mapped by the Federal Emergency Management Agency (FEMA).

2. Purpose and Intent. The -FP overlay zoning district shall be applied to property to implement the goals and policies of the county general plan to assure adequate protection of people and property from flooding and flood-related hazards.

B. Uses Regulated.

1. Permitted Uses. The following uses are allowed in the floodplain overlay district:

a. Maintenance, remodeling and repair of existing structures and facilities provided there is no expansion of the existing footprint of the applicable structure.

b. Temporary (duration of 12 months or less) and/or nonstructural uses allowed in the base zoning district, and any applicable overlay district, when the activity in question would not have a significant effect on neighboring property in the event of a flood.

c. Maintenance, repair, or replacement of existing on-site waste disposal systems on an existing parcel. When a replacement is being proposed, such replacement shall meet applicable water resource setbacks.

2. Conditionally Permitted Uses.

a. All uses not otherwise specified herein as permitted or prohibited shall be permitted only upon issuance of a conditional use permit processed in compliance with SCC 20.05.140, subsection (C) of this section; and shall meet all requirements of SCC Title 32, Floodplains.

3. Prohibited Uses.

a. Any uses prohibited in the underlying zoning district.

b. Construction of new schools, hospitals, or public safety buildings.

C. Procedures.

1. Site Plans Required. Prior to the issuance of any building permit or commencement of any construction of any building or structure within the -FP overlay zone, a site plan of the proposed development shall be submitted for approval by Sierra County meeting the requirements set forth in SCC 15.12.060(F)(1).

2. Site Plan Review and Approval by Planning and Building Department.

a. For development on land that is within the floodplain overlay zoning district, the Planning and Building Department shall approve the proposed site plan and issue grading and building permits if all of the following conditions are met:

i. The proposed site plan meets the requirements established under SCC 15.12.060(F)(1); and

ii. The proposed project is permitted in the base district; and

iii. The proposed project is permitted in any applicable overlay zoning districts including the floodplain overlay district; and

iv. The proposed project is consistent with the Sierra County general plan, zoning code, and building code; and

v. The proposed project meets the requirements of SCC 15.12.060; and

vi. The proposed project meets the requirements of SCC Title 32.

b. Any determination by the Planning Director approving or rejecting a proposed site plan required by this section may be appealed to the Planning Commission in accordance with SCC 20.05.130.

3. Site Plan Review and Approval by Planning Commission.

a. When approval is required by the Planning Commission, either for a conditional use permit in an overlay district or on appeal of a decision by the Planning Department, the application shall include a site plan review by the Planning Commission. The site plan shall be accompanied by such maps, plans, drawings, and sketches as necessary to show those details defined in SCC 15.12.060(F)(1).

b. The Planning Commission may approve, conditionally approve, or deny the project application following its review in accordance with the standards set forth in subsection (C)(4) of this section.

4. Findings. In addition to the requirements of this title, the Planning Commission shall not issue a permit for any use or development regulated by this title unless it finds that:

a. The proposed development avoids or reduces impacts to the floodplain to the extent feasible.

b. The proposed development avoids or reduces impacts to riparian vegetation, riparian habitat, and/or wetlands to the extent feasible.

c. The proposed development or use complies with the requirements of Title 32 (Floodplains).

d. The proposed development or use complies with the requirements of this title and the stream overlay zone.

e. Approval of the proposed development is consistent with the Sierra County general plan, zoning code, and building code.

f. Approval of the proposed development is consistent with the applicable policies and regulations of the Sierra County grading regulations, Chapter 12.08 SCC.

g. The proposed development does not result in any new development located within an adopted regulatory floodway, and does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effects 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.

h. The proposed development will be compatible with the proximate land use pattern.

i. The proposed use will not impair the function and/or viability of water resources, water quality, and wildlife habitat and movement along regulated water resources. (Ord. 1045, eff. 6/6/13; Ord. 1042, eff. 10/17/12)

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