Chapter 13-21 — F Special Flood Hazard Area Overlay District

The purposes of the F special flood hazard area overlay district are to:

1. Promote the health, safety, and welfare, and to minimize public and private loss as a result of flood hazards.

2. To designate the special flood hazard area subject to the regulations of the Municipal Code, Title 10, Chapter 7, Flood Damage Prevention Ordinance.

3. To provide guidelines in combining the regulations for the land use zoning district designation of a property as determined by the Zoning Map in conjunction with Flood Damage Prevention Ordinance of the Municipal Code (Title 10, Chapter 7). [Ord. 515 § 2, 2018; ZO § 21.100.]

The special flood hazard area overlay district is established by definition as the area of land designated by the Federal Emergency Management Agency (FEMA) within the 100-year flood plain as delineated within the Flood Insurance Rate Map (FIRM).

1. The special flood hazard area overlay district is established in conjunction with other zoning districts designated for a property; the boundaries of the overlay may or may not coincide with other zoning district boundaries.

2. The regulations of this overlay in conjunction with the regulations of the Flood Damage Prevention Ordinance shall add to the regulations of whatever other zoning district designation or overlay district is applicable to the area or buildings within the overlay boundary; provided, that where a conflict between the flood regulations referenced in this Chapter and the regulations in other land use zoning districts occurs, the provisions of the Flood Damage Prevention Ordinance of the Municipal Code (Title 10, Chapter 7) shall prevail. [Ord. 515 § 2, 2018; ZO § 21.200.]

The standard performance standards for development specified in Chapter 13-31 shall be met along with the specific performance standards required for the land use and other overlay districts designated for the property. In addition, the following specific performance standards shall be met:

1. The portion of the special flood hazard area overlay district within the Refugio Creek basin west of San Pablo Avenue shall not be developed until flood control improvements are made to eliminate flood hazards to proposed development areas.

2. Other specific performance standards as set forth in the Flood Damage Prevention Ordinance. [Ord. 515 § 2, 2018; ZO § 21.300.]

Plans for all new and expanded development and uses within the overlay area shall be submitted to the Community Development Director as per Section 13-40.300 and the City Engineer as per the Flood Damage Prevention Ordinance. The following general conditions shall apply to all areas within the special flood hazard area overlay district.

1. All new and expanded development shall be subject to the plan review and permit conditions of the land use zoning district designated for the property along with applications and permits required within Flood Damage Prevention Ordinance.

2. All new and expanded uses within the special flood hazard area overlay district shall require an administrative or conditional use permit. [Ord. 553 § 2, 2024; Ord. 515 § 2, 2018; ZO § 21.400.]

The following uses may be permitted in any land use district zoning designation combined with the F special flood hazard area overlay district subject to conditional use permit approval as per Chapter 13-49.

1. Uses permitted by the land use zoning district designation subject to the regulations of the Flood Damage Prevention Ordinance.

2. Improvement of new and existing structures subject to the regulations of the Flood Damage Prevention Ordinance.

3. Public parks, trails, open space and recreational development subject to the regulations of the Flood Damage Prevention Ordinance.

4. Filling of land, construction of levees or dikes or other flood structures designed to protect property from flooding subject to the regulations of the Flood Damage Prevention Ordinance. [Ord. 515 § 2, 2018; ZO § 21.500.]

The property development regulations within the special flood hazard area overlay district are as per the regulations of the land use zoning district and other overlay districts designated for a property subject to the regulations of the Flood Damage Prevention Ordinance. [Ord. 515 § 2, 2018; ZO § 21.600.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b

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