HomeMy WebLinkAboutCAC Packet - January 11, 2011CITIZENS ADVISORY COM11qITTEE
Tuesday, January 11, 2011 - 6:00 p.m.
Council Chambers @ Central Point City Hall
I. MEETING CALLED TO ORDER
II. ROLL CALL/INTRODUCTY4NS
Ck~ainnan Herb Farber, Sam Tnkley, Jr., David Painter,
Larry Martin, Jeff Pfeifer and Eric Snyder
III. MII~IUTES
Approval af minutes of July 13, 2010 and October 12, 2010
IV. PUBLIC APPEARANCES
V. DISCUSSION
Legislative Land Use Reg~tlation arnendments of the City af Central Point Municipal
Code Chapter 8.24, Flood Damage Pre~~ention, and Chapter 17.57, Fences.
VI. MISCELLANEODS
VII. ADJOURNMENT
City of Central Point
Citizens Advisory Committee
Minutes
October ~2, 2010
6:04 p.m.
A Citizens Advisory Coinmittee nneetu~g was held in City Council Chambers on
October 12, 2010, commencing at 6:00 p.m.
Present were Chairman Herb Farber, David Painter, Eric S~iyder, Sam Inkley, Jr., and Jefk
Pfezfer, Larry Martin was ahsent.
Also in attendance were Tom Humphrey, Comtnunity Development Director, and Didi
Thornas, Planning Secretary.
lYli.nutes
David Painter requested that the minutes of 3uly 13, 2010 be az~ie~ided to reflect that he
requested specificity from the ad hoc cominittee of business rnembers with regard to their
feelings about the vagueness of tl~e City's munieipal code. A~nation was then made by
David Painter and seconded by Sam Inkley, Jr. to approve the minutes of the July i3,
2010 meeting as aniended, All members said "aye". Motion passed.
Public Appeurances
There were no public appearances.
Discussi.on - P~rn nsed ,4tnend»ietrts to the Touri,st a.rzd Of~ce-Professional (C-4)
Zanin.~ Drstrict
Tom Hun~phrey, Co~nmunity Development Director, st~ted that the purpose of tonight's
meeting was to give the committee one last loak at the proposed amendments to tl~e C-4
zoning district prior to a scheduled public hearing with the Planning Comrnzssion in
November.
Mr. Huinphrey explaizied that because the city's comprehensive plan doesn't support a
form based code plan, staff wrote revisions to the existing code which relaxed sonze of
t~~e standards in the C-4 zone. T'hree other sectians are either revised ar addetl to ~upport
changes ta the C-4 zone. These revisions ~vauld affect not onty anchor te~iants but big
box stores as welX. The purpose for this was to create destinations, make developments
more walkable, pedestrian scale, ar~d ta provide a sense of place and community.
Citizeils Advisory Committee
October 12, 2010
Page 2
David Painter expressed d.iscomfort urith the fact tliat a re~onal store could come into the
corn7nunity. He felt that it was incansistent u~ith the strategic p1a~i and would not
contribute to a"small town" feel. Sarn It~cley, Jr_ agreed with Mr. Painter's concerns.
Tom Humphrey advised that tlie City Council has directed staff to remove the size
restrictions for this zoning district. The strategic plan is not incorpqrated into the
cornprehensive plan so the city cannat yet enforce citizen prefereiaces. The council is
willing to acknowledge if we eliminate tlze upper liznitation on size, we need to establish
design standards to manage the ap~earance of a building and create a sznall town fee1,
Herb Farber stated that in the past, there were no desi~n standards in code with whicll to
manage the appearance of a big box. With the creation of design standards, an applicant
would have to go throug}~ site plan review, adhering to the new criteria. A big box would
have to meet the desi~m standards in order to nleet the goals of the strategic plan. Mr.
Humphrey added that staff wauld work an changes to the cornprehensive plan to define
goals, clarify `small town feel' and institutionalize the strategic plan.
David Painter said that the demands on infrasn~acture with comrnercial development
wauld not be coriducive to nzaintaining a small town feel. He did not want to see the
intent of the C-4 zoning eliminated and made into a C-S alternate.
Mr. Hurnpl~rey assured that with advances in land use planning and im~roveinents in
buildi7~g rnaterials, it has made it possible to Yive, wor~ azid play within the sa7ne zone.
What council l~as directed us to do is put in soine controls to manage the situation and
later get City Cauncil to inake c;hanges to the comprehensive plan ta meet the goals of t~ie
strate~c plan.
David PaFnter then asked where OD~T was v~ith interchange improvements. Tom
Huinph~-ey said they are doing an interchange area management plan (IAMP) for Pine
Street, Exit 33.
Mr. Humphrey ad~~ised tlie cornlnittee that Central Point has a lot of cammercially zoned
land and Medfard is locateti right next door with competing properties. We can relax
some of our standards but add some changes to code ta manage the site plan and
landscaping so that someone can't develop the properties without nlore scrutiny. Section
17.72 defines the process. We't•e creating a cancept of a~Za:eimum parking standard
(Seetion l 7.64) and linuting the ultimate square footage of the parking. Section 17.75 is
a new section of code establishing desigxi sta7~dards.
Eric Snyder suggested that we keep the cap in place and require a variance for large
de~-elapments. Sarn Inkley, 3r. did nat want to see the cap re~~~oved at all. Eric was
f'urther coneernecl that with a change in the retail environment, the city could be left with
iarge, vacant buildings. David Painter was curious about what other cities did about eaps
on the size of develapment. Jeff Pfeiffer thought that we needed growth irt the
Citizens Ad~=isoiy Coinmittee
October 12, 2010
Page 3
comrnunity and this would happen by bringing in business. paintei• thought we would be
opening the floo~ gates. Herb didn't. Further discussian abaut traffic concerns and
infrastructure changes were discussed.
Tom Humplirey said that there was an east side traffic circulation plan with bridges, etc.
We are thinking about haw to finance the plan. The city wants ta have a vibrant retail
ecanomy of its own. Currently the~•e are sma~ler successful businesses in the downtown
c;ore.
Sam Inkley, Jr. said that there needs to be a bala~lce. If something really big comes in,
there will be gridlock. We can't ignore the traffic issue.
Torn Humphrey then recapped the feeliY~gs of the CAC to forward to the Planning
Cornmission and City Council.
7'rans~drtufion Gr~o-~~th ManaFement
Mr. Humphrey advised that the city received a grant to do an analysis of the downtown
area to look at how it operates fro~n a land use and transportation standpoint, Ideas to be
considered would include whether it would ,t~vork better witli three lanes or four, better
si~alizatio~a, trees, lighting, and wider sidewalks. As part nf tl~e public involveinent
element, Mr. Humphrey asked for a volunteer fram the Citizens Advisory Colnn~ittee and
David Painter valunteered. Ex~c Snyder offered to be a volunteer as a member of the
business cortununity.
A motion t~ adjourn was made by Sam Inkley, Jr. and secoiidecl by E~-ic Snyder. All
meinbers said "aye".
Meeting was adjourneci at $:UO p.m.
Tlie foregoing minutes of the October 12, 2010 Citizens Advisory Comrnittee were
approved by the Citizens Adv~isory Committee at its meeting of ,
2010.
City of Central Point
Citizens Advisory Committee
Minutes
Ju1y 13, 2010
6:00 ~.rn,
A Citizens Advisory Co~runittee meeting was lield in City Council Chambers on
July 13, 2010, cc>minencing at 6:00 p.m.
Present were Chainnan Herb Farber, David Painter, Eric Snyder, anc~ Lazry Martin. Jake
Jakabowsky, Sam Inkley, Jr., and Jeff Pfeifer were absent.
Also in attendance were Don Burt, Planning Mana~;er; Connie Clune, Community
P1aruler; and Dave Jacab, Cornmuz~ity Planner.
.~isautes
A rnotion was made by David Painter and seconded by Larry Martin ta approve the
minutes of the March 4, 2010 rneeting. All members said "aye". Motian passed.
Public Anpea.runc~es
'~ere were na ~ublic appearances.
Discussr.on - Pra~osed A-nendments to tlte Tou~rst as:d ,Office-Profession~zl (C-4)
Zon.ir~g District
Plaru~inb Manager pon Burt advised committee memhers that he wanted to get input on
the draft of propased changes to the C-4 zoning district. The Planning Com~nission, he
repoz~ted, had reviewed the draft changes twice ar-d were sti111ooki~ig at them. They have
reached a eonsensus on certain pou~ts.
Mr. Burt explainec] that design constraints have ecanomic repercussions and the objective
here is to try to balance the two. Despite its focus on tourisrn and oftice-professional
activities, the area of discussion is the largest eammercial acreage in the City. It is
concentrated arouzid the Expo, is comprised af approxi~nately 7G acres, and allows for a
lot af dif~erent uses. 'I~iere at•e tninimal desigxi standards and this creates a requirernent
for site plan review. The big box restriction is an issue. We need to ta~e a mare
conlprellel~sive look at it and focus on form based design.
Citizens Advisoiy Con.unittee
3uly 13, 2010
Page 2
A review of cornments received to date from the ad hoc committee of business and
property Qwners is that the overall design standards are "too restrictive"...that we
shouldn't make the connmercial dist~-ict look Iike a dowYltown. So, we need to closely
evaluate what we are n-yin~; to achieve.
The sbrategic plan that was developed by the City u~ 2007 is being used iYi the zegional
plan, the coin~rehensive plan and in code amendments. Creating a"small town" feel and
atmosphere requires cammitrnent. Mr. Burt wanted to kno~cu if there was a general
consensus for the use of srnall "scale" in the plan. What does "sma11 town" rnean? It can
be defined as providing physical and sociological advantages to the carnmunity, is
~valkable, safe, with buildings designed with pedestrians and humazz scale in mind. How
do we ~et it? The answer would be to bring ~ZUrnan scale ~rzd waJk ability tagether. It is
important to make sure that the definitiaz~ allows the latitude far growth. The goal would
be to create a place where people feel tl~at it is their neighborhoad, they can walk to it aud
feel goad about it. Twin Creeks is a prime example af a"small town" feel.
Herb Farber agreed that this was created in Twirl Cree~s by the cornbination of desigYi
and architecture. Don Burt added that the code can elimin.ate challenges and
impediments to developments such as Twin Greeks. So basically, the definition af a
small town generally allpws far a lot of fle~bility.
Mr. Burt then rnoved the discussion to building blocks. Haw do we define a black?
They are bordered by public and private streets. We allow blocks to be broken up by
pedestrian access ways for mare flexibility in commercial developments. The size of
blocks can always be modi~ied. A block that is 204' x 240' is certainly more walkable.
ConsequeY~tly block standards should be looked at for vvalk ability and human scale,
allowing velucles to get t~~rough as well,
The new parking regulatians ca~~ take the current miniinums and make thern the
maximums. The new minimum will became 2~% less than currently xequired.
Landscape standards should add more deciduous trees to t}ie mix for fa11 color.
Building standards would include frontage for inore transparency and visible entryways,
rnassing and frontage articulation.
Committee n~embers agreed that it was very impartant not to give way on Creating the
small town feel and generaily liked petiestrian friendly access ways. David Painter
requested that the ad Iioc business conirnittee be specific about why they feel that the
Cit~'s municipal eode is too restrictive.
Mr. Burt concluded his eomments by saying that we need to focus on our fitture visio7i -
the allowed uses, a definition of "smail town", block definition, street definition, retail
stree~s, and the concept of puUlically visible. The uses in the district, he pointed out, are
npt s~t in stone,
Citizens Advisory Comrnittee
July l3, 2010
Page 3
A motian was made by David Painter and seconded by Eric Snyder to continue
discussian of the proposed changes at another meeting to be sclleduled in August. All
members said "aye". Motion passed.
A motion ta adjourn was made by Da~id Painter and seconded by Eric Snyder. All
members said "aye".
Meeting was adjourned at 7:40 p,m,
The foregaing minutes of the July 13, 201 U Citizens Advisory Carninittee were approved
by the Citizens Advisory Comrnittee at its meeting of Octaber I2, 2p10.
F~I~~QD DAMAC E PR~Y~~ITIt~irI AItiID
I~IAzARD MITIGAT~OIV
I~
CENTRAL
POI NT
Stephanie Haliey, C~'M
PUBLIC WORKS DEPARTMENT floodplaira/Storrnwater Coordlnptor
140 South 3`d Street • Centra! Point, dR 97502 -(541) 564-7602 • www,centraipointoregon.gov
MEMORANDUM
lanuary 6, 2Q11
To: Citizen's Advisory Committee (CAC)
From: Stephanie Holtey, CFM • ~
Re: CPMC Code Amendments to Adapt by Reference the New FEMA Fload Insurance Rate Map (FIRM)
Central Paint will enter into a new era this spring when the revised flood hazard map far Central Point
takes effect on May 3, 2017.. The Federal Emergency Management Agency (FEMA) publishes Flood
Insurance Rate Maps (FIRM), which pravide a better understanding flood risk and are the basis of
floodplain management activities implemented by lacal, state and federak government. In order ta
maintain compliance with the National Ffaod Insurance Program (NFIP), the City must amend Chapter 8.24,
Fload Damage Prevention to adopt the new FIRM priorto May 3, 2011.
The Planning Commission and City Council will be re~iewing the cade amendments to Chapter $.24, Flood
Damage Prevention and Chapter 17.57, Fences over the next cauple af months. Individual property
owners will be noticed of the proposed code amendments. Copies af the code revisians, as well as a copy
of the pending FIRM are attached fdr your reference.
Enclasure
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Chapter 8.24
FLOOD DAMAGE PREVENTION AND HAZARD MITIGATION~`
Sections~
AUTHORIZATIaN, FINDINGS OF FACT. PURPOSE & OBJECTIVES
8.24.010 Statuto Authorization.
8.24.020 Findin~s of Fact,
8.24.030 Statement of Purpose.
8.24.040 Methods of Reducin~ Flood Lasses.
DEFINIITi0N5
8.24.050 Definitions.
8.24.06Q Application.
8.24.070 Basis for establishin the areas of s ecial flaod hazard,
8.24.080 Coordination with State af Qregon Buildin~ Codes Di~isian Specialtv Codes.
8.24.090 Establishment of Floodpldin De~elopment Permit.
8.24.100 I nte rpretatio n.
8.24.110 Warnin~ and disclaimer of liability.
ADMINISTRATION
8.24.120 Desi~nation af Floodplain Administrator.
8.24.130 Duties of the Floodplain,Administrator.
8.2a.140 Permit Procedures.
8.24.150 Substantial pama e and Substantial Irrt rovement Determination.
8.24.164 Watercourse Alterations
8.24.170 Requirement to Submit New Technical bata
8.24.180 Non-Conversion of Enclosed Areas Below the Lawest Floor
PROVISIbNS FOR FLOdD HAZARD REDUCTIpN
8.24.190 Site Impro~ements and Subdi~isions,
8.24.200 Develo ment in Re ulato Floodwa s
8.24.210 De~elopment in Zones With Base Flood Elevations but No Re~ulatorv Floodway.
8.24.220 De~ela ment in Zanes without Base Flaad Elerrations.
Page 1 of 31
8.24.230 Stream Setback Requirement.
8.24.24Q Draina e Provisions.
8.24.250 Floodplain Development Standards.for Canstruction.
8.24.26Q Other De~elopment Standards,
8.24.270 Variance,
$.24.2$0 Criteria for Variances.
8.24.290 Variance Decision.
8.24.300 Appeals.
8.Z4.310 Decision.
PENALTI ES
8.Z4.320 Penalties for Non-Compliance.
8.24.33~ Se~erabilitv.
$.24.340 Abro~atian and Greater Restrictions.
* Prior ordinance history: Ords. 1585, 1716 and 1749.
Page 2 of 31
AUTFEORIZATION, FINpINGS OF FACT, PURPOSE & OBJECTIVE5
8.24.010 Statutorv Authorization
The Le~islature of the state has in ORS 215.515 dele~ated the responsibilitv to locai ~overnmental units
to ado t re ulations desi ned to rorrtote the ubiic health safet and eneral welfare of its citizen .
Therefore, the city ordains and sets out the provisions of this chapter. (Ord. 1767 ~1(uart1. 1997)
8.24.Q20 Findin~ts of Fact
A. The ffood hazard areas of the ci are sub'ect to eriodic inundation which results in loss of life
and property, health and safetv hazards, disruqtion of commerce and ~overnmental services.
extraordina ublic ex enditures for flood protection and relief, and impairment of the tax base;
a!I of which adversel affect the ubfic health safet and eneral weffare.
B. These flood losses are caused by structures in flood hazard areas which are inadequately
elevated. flood-proofed, or otherwise unprotected from ffaod dama~es and the cumulati~e effect
of obstr_uctions in flaad hazard areas, which cause increases in flaod hei~hts and velocities, and
when inadeauatelv anchared, dama~e uses in other areas.
C. The Citv of Central Point has the primarv responsibilitY for plannin~ adoption and enforcement of
land use re ulatians to accom lish ro erflood lain mana ement. Ord. 1767 1 art 1997 .
8.24.034 Statement of Purpose
It is the purpose of this chapter to promote the public health, safetv, and ~enerai welfare; reduce the
annual cost of flood insurance; and to minimize public and private losses due to fload canditions in
specific areas by provisions desi n~
A, Protect human life and health;
B. Minimize expenditure of public manev on costlv flood dama~e and control proiects;
C. Minimize the need for rescue and relief efforts_associated with flaadin~ and ~enerallv undertaken
at the expense of the Qeneral public;
D. Minimize unnecessarv disruption of commerce, access, and public ser~ice durin~ times of flood;
E. Minimize dama~e to public facilities and utilities such as waterr sanitarv sewer, storm drain and
~as mains; electric, telephone, and tele~ision cable lines: and streets brid~es, and other
a urtenances which are located in Areas of S ecial Flood Hazard~
F. To help maintain a stable tax base bv qrovidin~ for the sound use and development,af flood-prone
areas;
G. To ensure that patential buvers are notified that property is in an Area of Special Flood Hazard;
H. To ensure that those who occupv the areas of special flood hazard assume responsibilitv for their
actions; and,
I, Mana~e the alteration of flood hazard areas, stream channels and shorelines to minimize the
impact of development on the natural and beneficial functions of the floodplain. (Ord. 1767
§1(part), 1997).
Page 3 of 31
8.24.040 Methods of Reducin~t Flood Lasses
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety~and property due to water or
erosion hazards, or which increase flood hei~hts, ~elocities, or erosion;
B, Require de~elopment that is ~ulnerable to floods, includin~ structures and facilities necessarv for
the ~eneral health, safetv and welfare of citizens, to be protected a~ainst flood dama~e at the
time af initiaf construction.
C. Control f~llins, ~radin~, dred~in~ and other development which mav increase ar modifv fload
dama~e or erosion;
D. Pre~ent ar re~ulate the constructian of flood barriers that will unnaturally divert flood waters or
that mav increase flood hazards to ather lands;
E. Preserve and restore natural flood lains stream channels and natural rotecti~e barriers which
carrv and store flood waters; and,
F. Coordinate with and supplement pra~isions of State af Qregon Specialtv Codes enforced bXthe
State of Ore~on Buildin~ Codes Di~ision. {Qrd. 1767 §1{part), 1997),
DEFINITIONS
8.24.d50 Definitions
Unless specificallv defined below, words or phrases used i_n this chapter shall be interpreted so as to ~i~e
them the meanin~ thev have in common usa~e and to ~ive this chabter its mast reasonabfe application.
A. Accessory Structure means a structure on the same ar adlacent parcel as a qrincipal structure, the
use ofwhich is incidental and subordinate to the principal structure.
B. Appeal means a request for review of the Floadplain Administrator's interpretation of provisions
of this ordinance.
C. Area of Shallow Floodin~: means a desi~nated AO or AH Zone on the Flood Insurance Rate Map
~IRM) with base flood depths ran~g from one to three feet, and/or where a c{early defined
channel does not exist, where the path of floodin is unpredictable and indeterminate, and where
velacitv flow may be evident. AO zones are characterized as ha~in~ sheet flow, and AH zones
indicate pondin~
D. Area of Special Flood Hazard means the land in the floodplain within a communitv subiect to a one
percent or ~reater chance of floodin~ in any ~iven vear. Zones desi~natin~ areas of special flood
hazard o_n Flood Ensurance Rate Maps aiways include the_letters A or V. Also known as the Special
Flood Hazard Area {SFHA).
E. Base Flood means the flood havin a~percentil%~ chance of bein~ equaled or exceeded in
an i~en ear.
F. Base Flood Ele~ation (BFE), means the water surface ele~ation durin~ the base flood in relation ta
a specified datum. The Base Flood Ele~ation (BFE) is depicted on the FIRM to the nearest foot and
in the FIS to the nearest 0.1 foot.
G. Basement means an area of a buildin havin its floor sub rade below round level on all sides.
Page 4 of 31
H. Below-~rade Crawlspace means an enclosed area below the base flood elevation in which the
interior ~rade is not more than two feet belaw the lowest adiacent exterior.grade and the hei h~t,
measured from the interior ~rade of the crawlspace to the top of the crawlsqace foundation, does
not exceed 4 feet at anv point. Below-~rade crawlspaces are allowed subiect to the conditions
found in FEMA Technica! Bulletin 11-01 and in Section 8.24.220(E)(3}.
I. Citv means the city of Central Point.
J. Critical Facility or"Essential facility" means a facilitv that is critical for the health and welfare of
the o ulation and is es eciall im ortant foliowin hazard events. "Critical facilities" or
"essential facilities" include:
1. Hospitals and ather medical facilities ha~in~ sur~ery and emer~ency treatment areas;
2. Fire and police stations;
3. Tanks ar other structures containin~, hausin~ or supporting water or fire-suppression
materials or equipment required for the protection af essential or hazardous facifities or
special accupancy structures;
4. EmerQency vehicle shelters and ~ara~es;
5, Structures and equipment in emer~encypreparedness centers;
6, Standbv nower ~eneratin~ equipment for essentia! facilities; and,
7. Structures and equipment in ~a~ernment cammunication centers and other facilities required
for emer~ency response.
K. Datum The vertical datum is a base measurement point (or set af pointsl from which all
elevations are determined. Historicallv, that common set of points has been the National
Geodetic Vertical Datum of 1929 [fVGVD 291. The vertical datum currently adoqted by the Federal
~overnment as a basis.for measurin~ hei~hts is the North American Vertical Datum af 1988 (NAVD
88 .
L. De~elo ment means an manmade chan e to im ro~ed or unim ro~ed real estate includin but
not limited to, buildin~s or other structures, minin ,~ dred ~i~n ,~ fillin~~ding, pa~in~, excavation,
or drillin~ operations or stora~e of equipment and materials located within the area af special
flaad hazard. Exem tions to the definition of develo ment for the ur ose of administerin this
ordinance, include:
1. Si~ns, markers, aids, etc. placed by a public a~ency to ser~e the public; and,
2. Residential ~ardens provided that theV do not result in unauthorized, substantial afteration
of topo~raphv; and pro~ided that gardening methods do not include the use or application
of pesticides, herbicides, fertiiizers or other toxic materials.
M. Di~ital FIRM (QFIRM) means Di~ital Flaod Insurance Rate Map {DFIRM). It depicts flood risfc and
zones and flood risk information. The DFIRM presents the fload risk information in a format ~^
suitable for electronic mappin~ applications,
N_ Encraachment means the ad~ancement or infrin~ement of uses, filE, excavation, buildin~s,
permanent structures ar other development into a floodwav which mav impede or alter the flow
ca acit of a flood lain.
O. Ele~ated Buildin~ means a non-basement buildin~ that has its lowest elevated floor raised above
~round le~el by foundation walls, shear walls, post, piers, pilings or columns.
Page 5 of 31
P. Elevation Certificate means the afficial farm FEMA 81-31 used to track devela ment ro~ide
ele~ation information necessarv to ensure compliance with community floodplain mana~ement
re~ulations, and determine the proper insurance premium rate.
Q. Essential Facility. See "Critica! Facilitv,"
Q. Flood or "floodin~" means a~eneral and temporarv condition of partiaf or compEete inundation of
normally drv land areas from:
1. The overflow of inland or tidal waters; and/Qr
2. The unusual and ra id accumulation of runoff of surface waters from an source,
R. Flood Insurance Rate Ma FIRM means the afficial ma of a communit issued b the Federal
Insurance Administration, delineatin~ the areas of special flaod hazard and/or risk premium zones
applicable to the communitv.
S. Fload Insurance Studv {FIS) means the afficial report pro~ided by the Federal lnsurance
Aclministration evaluatin~ flaod hazards and containin~ flood profiles, re~ulatarv Fioodway
boundaries, and water surface ele~ations of the base flood.
T. Fiaodway (Re~ulatory Floodwav) means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to dischar~e the base flood without
cumulati~el increasin the water surface elevation more than one f~ot.
U. Historic Structure means a structure that is:
1. Listed indi~idually_ in the National Re~ister of Historic Places (a listin~ maintained by the U S
Department of Interior) or preliminarify determined bv the Secretarv of the fnterior as meetin~
the reQuirements for indivi_dual listing on the,National Re~ister•
2. _Certified or preliminarilv determined bv the Secretary af the Interior as cantributin~ ta the
historical si~nificance of a re~istered historic district or to a district preliminarilv determined by
the Secretarv ta aualify as a re~istered historic district;
3. Individuallv listed on a state in~entorv of historic places and determined as eli~ible bv states
with historic reservation ro rams which ha~e been a ro~ed b the Secreta of the
Interior; or,
4. Indi~idually listed on a local in~entory of historic places and determined as eli~ible by
communities with historic reservation ro rams that have been certified either:
a. Bv an approved state pro~ram as determined bv the Secretary_of the Interior or•
b. DirectEy bv the Secretarv of the Interior in states without aqqroved pro~rams.
V. Letter of Map Chan~e (LOMC) means an official FEMA determination, bv letter to amend or revise
effecti~e Flood Insurance Rate Maps and Flood Insurance Studies, LOMCs are issued in the
fallowin~ cate~ories:
1. Letter of Map Amendment (LOMA) means a, revision based on technical data showin~ that a
property was inadvertentlv included in a designated special flood hazard area. A LOMA
amends the current effecti~e Flood Ins~rance Rate Ma and establishes that a s ecific
propertV or struCture is not iocated in a speCial flood hazard area;
Page 6 of 31
2i Letter of Map Revision {LQMR) means revision based an technical data showin~, due to
human made a.fterations, chan~es to flood zones, flood efevations, or ffoodplain and
re~ulatorv Floodway delineations. One common type af LOMR, a LOMR-F, is a determination
that a structure or parcel has been elevated bv fill above the Base Flood Elevatian and is
excluded from the special flood hazard area:
3. Conditional Letter of Map Re~ision {~~pMR) means a formal review and comment by FEMA as
to whether a ro osed ro~ect com lies with the minimum National Flood Insurance Pro ram
floadplain mana~ement criteria. A CLOMR does not amend or revise effecti~e Flood Insurance
Rate Ma s Flood 6ounda and Floodwa Ma s or Flood Insurance Studies nor daes a
C_L_OMR constitute a formal praject approval bv the Citv.
W. Lowest Floor means the lowesi floor of the lowest enclosed area includin basement . An
unfinished vr flood resistant enclosure used solel for arkin of ~ehicles buildin access or
stora e in an area other than a basement area is not considered a buildin 's Eowest floar
pro~ided that such enclosure is not built so as to render the structure in violation of the applicable
non-elevation desi n re uirements of this cha ter found at Section 8.24.250 B 2 and 3 of this
chapter.
X. Manufactured Dwellin~ or "Manufactured Home" means a structure, transportable in one or more
sections, which is built an a permanent chassis and is desi~ned for use with or without a
permanent foundation when attached ta the required utifities. The term "manufactured hame"
does nat incfude a"recreational vehicle."
Y New Canstruction means structures for which the "start af construction" commenced on or after
the effective date of the ado ted flood dama e re~ention and hazard miti atian re uirements
codified in this cha ter includin subse uent substantial im ro~ements to the structure.
Z. Recreational Vehicle means a ~ehicle which is:
1. Built on a sin~le chassis;
~. Four hundred square feet or less when measured at the lar~est horizantal proiection
3. Desi ned to be self- ro elled or ermanentl towable b a li ht dut truck• and
4. Nat primarilv desi~ned for use as a permanent dwellin~, but as temporary fivin~ quarters for
recreational, campin~, travel, or seasonal use.
AA. Start of Construction means the date the develo ment ermit which includes de~elo ment
ublic works and buifdin ermits was issued rovided the actual start of construction re air
reconstruction lacement or ather substantial im ro~ement was within 180 da s of the ermit
issuance date. The actual start of canstruction means either the first lacement of ermanent
construction of a structure on a site such as the ourin of slab or footin s the installation of
piles, the construction of columns, or anv work beyond the sta~e af excavation; ar the placement
of a manufactured home on a foundation or blocks. Permanent construction does not include land
re aration such as clearin radin and fillin • the installation of streets and ar walkwa s~
exca~ation for a basement footin~s, piers, ar foundations; the erection of temporary,forms• or
the installation_of the proqerty or accessory buildin~s (i.e., ~arages or sheds} not occuqied as
dwelfin~ units or which are not part af the main structure. For a substantial improvement, the
actual start of constr.uction means the first alteration of anv wall, ceilin~, floor or other structural
part of a building, whether or nat that alteration affects the external dimensions of the buildin~.
Page 7 of 31
A6, Structure means a walled and roofed buildin manufactured dwellin a modular or tem ora
buildin or li uid stora e tank that is rinci al! abave round.
AC. Substantial Dama~e means dama~e of anv ori ~i~n sustained bv a structure whereby the cast of
restorin~the structure to its before dama~ed condition would equal or exceed fiftv percent of the
market vaiue of the structure before the dama~e occurred,
AD. Substantial Impro~ement means anY repair, reconstruction, or impro~ement of a structure the
cost of which e uals or exceeds fift ercent of the market value of the structure either:
1, Before the im~ro~ement or repair is started; or
2. Ifthe structure has been dama~ed and is bein~ restored, befare the dama~e oc,curred.
Fflr the ur ases of this definition "substantial im rovement" is considered to occur when the first
alteration of any wall, ceilin~, floor, or other structural part of the buildin~commences whether
or not that alteration affects the external dimensions of the structure. The term does not
howe~er, inciucfe either:
1. Anv proiect for impro~ement of a structure to complv with existin~ state or local health
sanitarv, or safetv code specifications which. are solely necessary to assure safe living
conditions, or
2. Any alteration of a structure iisted on the Nationai Re ister of Historic Pfaces or the Ore~on
State In~entary of Historic Places.
AE. Variance rr~eans a~rant of relieffrom the requirements of this chapterwhich qermits constructian
in a manner that would atherwise be prohibited by this chapter.
AF. Violation means the failure of a structure or ather development to be fullv compliant_with the
communit s flaod lain mana ement re ulations. A Structure ar other develo ment withaut
e~idence df compliance, such as a FEMA Elevation Certificate, FloodQraofing,Certificate or other
certification is resumed to be in ~iolation until such time as that documentation is rovided.
AG_ Water Course means a lake river creek stream wash arra o channel or other to o ra hic
feature in, on. Throu~h, or o~er which water flows at least periodicallv.
AH. Water De endent Use means a faciiit that cannot be used for its intended ur ose unless it is
located or carried out in cfase roximit to water. The term does not include lon -term stora e
manufacture, sales or service facilities. (Ord. 1767 §1(part), 1997).
AI. Water Surface Elevation means the hei~ht, in relation to a specific datum of floods of ~arious
ma~nitudes and frequencies in the floodp,lains of riverine areas.
8.24.060 Application
This chapter shall aRQly to all areas of speciai flood hazards within the iurisdiction of the citv Nothin~ in
this ardinance is intended ta allow uses or structures that are otherwise prohibited by the zoning
re~ulatians or Specialty Codes. [Ord. 1767 §1(part), 1997).
Page 8 af 31
8.24.070 Basis for Establishin~ the Areas of Speciai Flood Hazard
The Area of S ecial Fiood Hazard identified b the Federal Emer enc Mana ement A enc in the Flood
Insurance Studv iFIS} forJackson County Ore~on and Incorporated Areas, dated May 3 2011 with
accompanVin F~ lood Insurance Rate Maqs {FIRM) and Di~ital Flood Insurance Rate Maps (DFIRMI are
adapted by reference and declared a part of this ordinance. The FIS and FIRM are on ~le at Centraf
Point City Nall located at 140 Sauth 3`d Street, Central Paint, Ore~on•
The local administrator or his or her desi~nee mav also identify additionaf areas of sqecial flood hazard
which are not identified bu_FEMA, but ha~e been identified as bein~ areas af special flood hazard due to
theirproximitv to named or unnamed ditches, creeks, streams, rivers, or channels; or that ha~e been
identified as areas of special flood hazard based an historical events or occurrences. {Ord. 1767 §1(part)
1997 .
8.24.08U Coordination with the State of Ore~on Buildin~ Codes Di~ision Specialty Cades
Pursuant to the requirement established in ORS 455 that the Citv of Central Point administers and
enforces the State of Ore~on Specialty Codes, the Citv Council af Central Point does herebV acknowled~e
that the Specialtv Codes contain certain provisions that apply to the desi _~n and construction of buildin~s
and structures located in Areas of _Specia! Flood Fiazard. Therefore, this ordinance is„intended to be
administered and enforced in confunction with the SpecialtY Codes.
8.24.090 Establishment of Floodplain De~efopment Permit
A Floodplain Development Permit shall be required prior to initiatin~ develapment activities in any
Special Flood Nazard Area as established in Sectian 8.24.070. The permit shall be for aEl improvements
ar structures (includinQ manufactured homes and fences, as set forth in Sectian 8.24.050 and 8.24.250
and 8.24.260 of this chapter}, and for all de~elopment includin~ fill and other acti~ities, also as set forth
in Section 8.24.260 of this chapter. (Ord. 1757 §1(part), 1997).
Anv Floodplain Development Permit that requires en~ineerin~ analvsis, calculations or modelin~ to
establish a base flood elevation a_r re~ulatorv Floodwav, ar to demonstrate no increase to base flood
elevation in an established re~ulatory Floodwa~shall be considered a fand use action requirin~ an
opportunity for a quasi-judicial land use hearin~pursuant,to LUBA decision No 2009-0~7 and ORS
197.763.
8.24.100 I nterpretatian
In the interpretation and application of this chapter, alf provisions shall be:
A, Considered as minimum requirements;
B. l.iberallv construed in fa~or of the ~avernin~ bodv; and
C. Deemed neitherto limit nor repeal anv other powers ~ranted under federal, state, or local laws
ordinances, rules, or statutes and rules includin~ the state buildin~ code, {prd. 1767 1(part)
1997 . . ~ .
Page 9 af 31
8.24.110 Warnin~ and Disclaimer of LiabilitV
The de~ree of flood pratection required bythis chapter is considered reasonable for re~ulatory
purposes and is based an scientific and en in~ eerin~ consideratians. Lar~er #loods can and will occur on
rare occasions. Flood hei~hts mav be increased bv manmade ar natural causes. 7his chapter does not
implv that land outside the Areas of Special Fload Hazard or uses permitted within such areas will be
free from floodin~ or flovd dama~es. This chapter shall not create IiabilitY on thepart of the citv, anv
officer or employee thereaf, or FEMA, for any flood dama~es that result fram reiiance on this chapter or
anv administrati~e decision IawfulEy made under this chapter. (Ord. 1767 §1(part1, 1997).
ADMINISTRATION
8.24.120 Desi~nation of the Local Flaodqlain Administratar
The City Administrator or his/her desi~nee is hereby appointed as the Floadqlain_Administrator who is
responsible far administering and implementin~ the pra~isians of this ordinance, (Ord. 1767 §1{part),
1997 .
8.24.130 Duties and Responsibilities of the Floodpfain Administrator
Duties of the Flflod lain Administrator shall include but not be [imited to the followin :
A. Re~iew all proposed de~ekoqment to determine whether it wil! be Eocated €n Areas of Special
Flood Hazard ar other flood-prone areas;
B, Re~iew applications for new development or modifications of anv existin~ development located in
Areas of Special Flood Hazard for compliance with the requirements of this ordinance;
C. Interpret fload hazard area boundaries, pro~ide a~ailable ffood hazard information,Land pro~ide
base flood elevations, where they exist;
D. Re~iew proposed development to assure that necessary_~ermits ha~e been recei~ed from
o~ernmental a encies fram which a roval is re uired b Federal or state law. Ca ies of such
permits shall be maintained on file
E. Re~iew all de~elapment permit a~plications to determine if the proposed de~elopment is locaied
in the re~ulatory Floodwav, and if so, ensure that the encroachment standards of Section 8.24.200
are me~
F. When Base Fiood Ele~ation data or floodwav data have not been established pursuant to Section
8.24.070 then the Flood lain Administrator shalf obtain review and reasonabl utilize an base
flaod elevation and flaodwa data available from a Federal state ar other authoritative source in
order to administer the qrovisions of this ordinance;
G, When Base Flood Elevations or other en ineerin data are not a~ailable from an authoritati~e
source, the Floadplain Administrator shall require Base Flood Ele~ations to be de~eloped in
accordance with Section 8.24.160{p) or take inta account the flood hazards, to the extent thev are
Page 10 of 31
known, to determine whether a proposed buildin~ site or subdivision will be reasonably safe from
floodin~;z z "
H. Where a determinatian is needed of the exact locatian of boundaries of the Areas of Special Flood
Hazard such as when there a ears to be a canflict between a ma ed bounda and actual feld
conditions, the Floodplain Administrator shall make the interpretation. Anv person contestin~ the
locatian af the boundarv mav appeal the determination subject to the process identified in
Section 8.24.3dd;
I. Issue floodplain development permits when the provisions ofthis ordinance ha~e been met, or
denv the same in the e~ent af noncompliance;
J. Coordinate with the Buildin~ Official to assure that applications for buildin~ permits complv with
the requirements of this ordinance;
K. Obtain, ~erifv and record the actual elevation in relation ta the vertical daturr~ used on the
effective FlRM, or hi he~ st adjacent rg ade where no BFE is available, of the lowest floor level~
incfudin~ basement, of all new construction or substantially improved buildin~s and structures•
L. Obtain, verify and record the actual ele~atian, in relation to the ~ertical datum used on the
effecti~e FIitM, or hi~hest adjacent ~rade where no BFE is available, to which anv new or
substantially impro~ed buildin~s or structures ha~e been flood-proofed. When flood-proafin~is
utilized for a structure, the Flo~dplain Administrator shall obtain certification of desi~n criteria
fram a re~istered professional en~ineer or architect;
M. Ensure that all records pertainin~ to the pro~isions of this ordinance are qermanently maintained
in the office of the Floodplain Administrator and are available for public inspection;
N. Make periodic inspections of Areas of Special Flood Hazard to establish that development
activities are bein~ performed in compliance with this ordinance, and to verifv that existin~
buildin~s and structures maintain compliance with this ordinance;
Q. Coordinate with the 8uil_din~_a_fficial to inspect areas where buildin~s and structures in Areas of
Special Fload Hazard ha~e been dama~ed, re~ardless of the cause.of dama~e, and notifv owners
that permits mav be repuired brior to rebair, rehabilitation, demolition, relocatian, or
reconstruction af the buildin~ or structure; and,
P. Make Substantial Improvement or Substantial Dama~e determinations for all structures located in
Areas of Special Flood Hazard.
8.24.140 Permit Procedures
t 44 CFR Part 65.2 defines "reasonably safe from flooding" as base flood watezs will not inundate the land or
dan~age ctructures.. , and that any subsurface waters related to t~ie base fiood will nat ciamage existing or proposed
buildings.
' Note: Oregon Residential Specialty Code R324.1.3 authorizes the building official to require t~ze applicant to
deternune a base #lood elevatioi~ w~ere none exists.
Page 11 of 31
Application for a_Floodplain De~elopment Permit shall be made ta the Floodplain Administrator on
forms furnished by the Administrator or the Administrator's desi~nee prior to startin~ development
acti~ities. Specifically, the fallawin~ information is reauired:
A, Application Sta~e
1. Two sets of plans drawn to scale with elevations of the~rolect area and the nature,
location, dimensions of existin~ and proposed structures, earthen fill placement, storage of
materials or e~uipment and clraina~e facilities3; C1
2. Delineatian of Areas of Special Flood Hazard, re~ulatory Floodway boundaries includin~ base
flood elevations, or flood depth in AO zones, where available;
3. For all proposed structures, ele~ation in relation to the hi~hest adiacent ~rade and the base
flood ele~ation, or flood depth in AO zones, of the:
a. Lowest enclased area, includin~ crawlspace ar basement floor;
b. Tap of the proposed ~ara~e slab, if any; and,
c. Next hi~hest floor.
4. Locations and sizes of all flood openin~s in any proposed buildin~;
5. ~le~ation to which anv non-residential structure will be flood-proofed:
6. Certification from a_re~istered professianal en~ineer or architect that any proposed non-
residentia! flood-proofed structure wili meet the flood-proofin~ criteria of the NFIP and
Spec+altv Cades;
7, , Descriptian of the extent to which any watercourse will be altered ar relocated as a result of
a proposed_development; and,
8, Proof that a lication has been made far necessar ermits from other avernmental
a~encies fram which approval is required bv Federal or state law.
B. Construction Sta~e
1. For all new constructian and substantial impro~ements, the permit holder shall pro~ide to
the Floodplain Administrator an as-built certification of the floor ele~ation or flood-proofinQ
ie~el immediately after the Eowest floor ar flaad-proafin~ is alaced and qriar to further
vertical construction.
2. Any deficiencies identified by the Floodplain Administrator shall be corrected by the permit
holder immediately and prior to work proceedin~. Failure to submit certification or failure
to make the corrections shall be cause for the Flood lain Administrator to issue a sto -wark
order for the proiect.
3 Oregon Residentia] Specialty Code R106.5 requires one set to be retained abd the second to be returned to the
applicant.
Page 12 of 3~
C. Certificate of Occupanc~
1, In addition to the requirements of the buildin~ codes pertainin~ to certificate of occupancv.
prior to the fina_I_inspection the owner or authorized. a~ent shall submit the followin~
documentation that has been preqared and sealed by a re~istered survevor or en~ineer for
review, and appro~al bv the Flaodplain Administratar:
a. For elevated buildin~s and structures in Areas of Special Flood Hazard (A zonesl, a
com feted FEMA Elevation Certificate FEMA Form 81-31 ihat includes the as-built
elevation of the lowest floor, includin~ basement ar where no base flood elevation is
available the hei~ht abo~e hi~hest adiacent_~rade_of the lawest flaor.
b. For buildin~s and structures that ha~e been floodproofed, a FEMA Flood~roofn~
Certificate that includes the eEe~ation to which the buildin~ ar s#ructure was
floodproofed.
Z. Failure to submit certification or failure to carrect ~ialations shalf be cause for the
Floodplain Administrator to withhold a certificate of occuqancy until such deficiencies are
corrected.
Page 13 of 31
Q Ex iration of Flood lain De~ela ment Permit
1. A floodnlain de~elo~ment permit shall expire 18b davs after issuance unless the qermitted
acti~itv has been substantially be~un and thereafter is pursued to completion.
2. Commencement of work includes start of construction, when the permitted work req_uires a
buildin~ permit. ^
$.24.150 Substantial Dama~e and Substan#ial Impro~ement Determinatlon
For applications far perrrzits to, impro~e buildin s and structures, inciudin~ additions, repairs,
renovations, and alteratians, the Floodpfain Administrator, shall:
A. Estimate the market ~akue, or require the applicant to obtain_a_~rofessional appraisal of the
market value, of the buildin~ or structure befare the proposed work is performed. When repair of
cfama~e is proposed, the market ~alue of the buildin~ or structure shall be the market ~alue
before the dama~e accurred;
B, Compare the cost of improvement, the cost to repair the dama~ed buildin~ to its qre-dama~ed
condition, or the combined costs of impro~ements and repairs~ if applicable, to the market value
of the buildin~ ar structure;
1. Except as indicated in subsections (2} and (3} below, aII costs to repair substantial dama~e.
includin~ emer~encv repairs, and the cost of complvin~ with anv countv, state, or federal
re~ulation, must be include_ci;
2. The costs associated with the correction of re-existin ~iolations af state ar local health
sanitarv, or safetY _code sqecifications that were identified bv the buildin~ official, the
director of environmental health, or anv other local code enforcement official prior to the
improvement or .repair,_ and that ,are the minimum necessary ta ensure , safe livin~
conditions, shall not be included;
3. Costs assaciated with the followin~ items are not incl_uded:
a. The preparation and approval of all required plans, calculations, certifications, and
specifications;
b. The erformance of surve s or other eotechnical or en ineerin studies and resultin
reports;
c. Permit and review fees, and;
d. The construction, demolition, repair, or modificativn of outdaor improvements,
includin~ landscapin~, fences, swimm_in~ pools, detached ~ara~es and sheds, etc.;
4. Pro osed alterations to a desi nated historic buildin or structure are not to be cansidered
a substantial improvement unless the alteration causes a loss of said desi na~ tion•
Page 14 0# 31
C. The Floodplain Administratar shall make the final determination of whether the aroqosed
improvernent and/or repairs constitute a substantial impro~ement or substantiai dama~e.
D. The Flaadplain Administrator shall natifv the applicant of the results af the determination by
letter. ~
E. The applicant has the ri~ht to appea! the determination pursuant to Section 8.24.300.
8.24.~.60 Watercourse Alterations
A. De~elopment shall not diminish the flaod carryin~ capacity of a watercourse. If any watercourse
will be altered or relocated as a result of the proposed de~elopment, the apqlicant must submit
certification from a re~istered professionaE en~ineer that the flood carrvin~ caqacitv will not be
diminished.
B., Applicant will be responsible for obtaininq all necessary permits from ~overnmental a~encies from
which appro~al is required by Federal or state law, includin~ but not limited to sectian 404 of the
Federal Water Pollution Control Act Amendments of 1972; 33 U.S.C. 1334, the Enda,n~red Species
Act of 1973, 16 U.S.C. 1531-1544; and State of Ore~on Division of State Lands re~ulations.
C. If the altered or relocated watercourse is part of an Area of 5pecial Flood Hazard, the applicant
shall notify adiacent commu_nities and Ore~on Department of Land Canservation and
De~elapment prior to anv alteration or re_locatian of the watercourse. E~idence of notification
must be submittecf to the Floodplain Administrator and to the Federal Emer~encv Mana~ement
A~encv as set forth in Section 8.24.170.
D. The a~plicant shall be responsible for ensurin~ necessarv maintenance for the altered or relocated
partion of the watercourse, so that f{ood carryin~ capacity will not be diminishecf.
8.24.170 Requirement to Submit New Technical Data
A. Within six months of project completion, an applicant who obtains an appro~ed Conditional Letter
of Map Revisian {CLOMR) from the Federal Emer~encv Mana~ement A~encv {FEMA], or whase
de~elopment alters a watercourse, modifies floodplain boundaries or Base Flood Eievations shall
obtain from FEMA a Letter ~f Map Re~isian {LOMR) reflectin~ the as-built chan~es.
B. It is the responsibilitY of the applicant to have technical data prepared in a format reauired for a
Canditional Letter of Map Revision or Letter of Maq Revision and to submit such data to FEMA on
the appropriate aqplication forms. 5ubmittal and processin~ fees far these map re~isions shall be
the respansibility of the applicant.
C, Applicants shall be responsible for all costs associated with obtainin~ a Canditianal Letter of Ma~
Revision or Letter of Maq Re~ision from FEMA.
D. The Floadplain Administrator shail be under no obEi~ation to sign the Communitv
Acknawled~ement Form, which is part of the CLOMR/LOMR a~a~lication, until the applicant
demonstrates that the proiect will ar has rnet all applicable requirements af this ordinance.
Page 15 of 31
8.24.180 Non-Conversion of Enclosec! Areas below the Lowest Fkaar
To ensure that enclosed areas below the lawest floor cont+nue to be used solely for parkin~ ~ehicles,
limited stora e or access to the buildin and not be finished for use as human habitation the Flood lain
Administrator shall:
A. Determine which applications for new canstruction and/or substantial improvements ha~e fully
enclased areas below the lowest floor that are 5-feet or hi~her;
B. Enter into a"`Non-Conversion Deed Declaration for Construction within Flood Hazard Areas" or
equi~alent with the City af Central Point. The deed declaration shall be recorded with the Citv of
Central Point, The deed declaration shall be in a form acceptable ta the Floodplain Administrator
and City Council.
PROVISIONS FOR FLOOD HAZARD REDUCTION
8.24.190 5ite Impro~ernents and Subdivisions
A. All ro ased new develo ment and subdivisians shall be consistent with the need to minimize
flood dama~e and ensure that buildin~ sites_will be reasonablv safe from floodin . The test of
reasonableness is a focal iud~ment and shall be based on historical data, hi~h water marks,
photo~raphs of past floodin~, etc.
B. ~uildin~ Eots shall ha~e adequate buildable area outside of the re~ulatory Floodwav.
C. New development praposals and subdi~ision development plans shall include the mapped fEood
hazard zones from the effective FlRM includin the re ulator Flaodwa if available.
p, Where Base Flaod Elevation data has not been pro~ided or is not a~ailable from another
~ authorized source, it shall be ~enerated for subdivision proposals and other pro~osed
devela ments which contain at least fift lats or five acres whichever is less .
E, New development and subdi~isions shall have public utilities and facilities such as sewer, ~as
electric and water systems Iocated and canstructed ta minimize flood ciama~
F. Onsite waste disposak systems shall be located and constructed to a~oid functional impairment, or
cantamination from them durin floodin . ~
G. Subdi~isions and manufactured home parks shall ha~e adequate draina~e qrovided to reduce
exposure to flood hazards as provided in Section 8.24.240. In AO and AH zones, draina~e paths
shall be provided to ~uide floadwater around and away from all proposed and existin~ structures.
$.24.200 De~elapment in 12e~ulatorv Floodwavs
Located within Areas of S~ecial Flood Hazard established in Sectian 8.24.070 of this chapter are areas
desi~nated as re~ulatory Floodways. Since the Floodway is an extremelv hazardous area due to the
~elacitv of flood waters which carrv debris, potential prdlectiles, and erosion qotential, de~elopment will
not normal~ be allowed within the floodwav- Howe~er, if de~elo~ment is allowed within the Floodwav
by the Flaodplain Administrator or the Administrator's desi~nee, the followin~ pro~isions will apply:
Page ib of 31
A. Except as provided in Sectian $_24,2d0(F} and (G), encroachments, includin~ fill, new constructian
substantial im ro~ements and other develo ment are rohibited unless certification b a
re~istered professional civ,il en~ineer is provided demonstratin~ thro~h hydralo~ic and hydraulic
analvses performed in accordance with standard en~ineerin~ practice that such encraachment
shali not result in an increase in flaod levels durin the occurrence of the base ffood dischar e.
B. An fill allowed to be laced in the Floodwa shall be desi ned to be stable under conditions of
floadin includin ra id rise and ra id drawdown affloodwaters rolon eci inundation and flood
related erosion and scour.
C. Applicants shall obtain a Conditianal Letter of Map Re~ision CLOMR) from FEMA before an
encroachment includin fill new construction substantial im rovement and other develo ment
in the floodwa is ermitted that will cause an increase in the base flood elevation.
D. Mobile Homes. No mobile home shall be placed in a floodwav exce_pt in an existin~ mobile home
park or an existin~ mobile home-subdi~ision, as canditionaliy a~pro~ed by the local aeEministrator
or his her desi~nee, in cansideratian of the conditions of Section 8.24.250(G1. (Ord. 1768 §1,
1997; Ord. 1767 §1(part1, 1997).
~. Fences and Walls. Fences are rohibited in the re ulato floodwa as rovided in Section
~7.57.030{A} and Section 8.24.2&0 A~(~
F. TemparaN encroachments in the re~ulatory Floodwav for the _purposes of capital improvement
prolects, includin~ brid~es, may be aliowed even if the encroachment results in an increase in
flood levels durin~ the accurrence of the base flood dischar~e, and without obtainin~ a CLOMR,
when:
1. The praiect is limited as to duration with the days and dates that the structure or other
development will be in the re~ulatorv Floodway sAecified in the development permit;
2. Accessory structures (i.e. canstruction trailers) are restricted from the re~ulatory Floodway;
3. The ro~ect limits lacement of e ui ment and material in the re ulato Floodwa to that
which is absolutelv necessary for the purposes of the proiect. lustification that
demonstrates compliance with this requirement will be documented bv the applicant in the
required floodpiain de~elapment permit application submittal documentation;
4.,, The applicant identifies any insurable structures affected by temporary chan~es to the Area
of Special Flood Hazard or Base Flood Elevation and notifies owners of anv increased risk of
floodin~;
5. The prolect applicant is pro~ided with written notification that they may be liable for anv
flood dama~es resultin$ from the tempo_r~ encroachment.
G. Proiects for stream habitat restoration may be permitted in the floodway pro~ided:
1. The proiect Qualifies fflr a Department of the Armv, Portland District Re~ional General
Permit for Stream Habitat Restoration (NWP-2~07-1023)~and
Page 17 of 31
2, A qualified professional (a Re~istered Professional En ineer; or staff of NRCS• the countV' or
fisheries natural resources or water resources a encies has rovided a feasibili anal sis
and certification that the ro'ect was desi ned to kee an rise in 100- ear flood levels as
close ta zero as practically passible ~i~en the o~als af the praiect; and
3. No structures would be im acted b a otential rise in flood eie~ation• and
4. An a~reement to monitor the pro~ect, correct problems and ensure that fload_carrvin~
ca acit remains unchan ed is included as art of the local a ro~al.
8.24.214 Deuelo ment in Zanes with Base Flood Ele~atians but No Floodwa
A. In areas within Zones A1-30 and AE on the community's FIRM, with a base fload ele~ation, or
where a base fload elevation is developed accordin~ to Section.8.24.190(p), but where na
re~ulatory floodway has been desi~nated, new construction, substantial improvements or other
develo ment includin fill shall be rohibited unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existin~ and anticipated
development, will not increase the water surface ele~ation of the base flaod more than one faot
at an oint within the communit .
B. _.._Applicants of qrobosed proiects that increase the base flood elevation more than one foot shall
obtain from FEMA a Conditional Letter of Map ~evision (CLdMR) before the praiect may be
permitted.
8.24.220 De~elaament in Zones Without Base Flood Elevations
The_followin~ standards apply in ri~erine areas of special. flood hazard where no base flood elevation
data ha~e been provided (approximate A Zones}:
A. When base fload elevation or floodway data ha~e not been identified bv FEMA in a Flood
Insurance Study_and lor Flood Insurance Rate Maps, the Floodplain Administrator„shall obtain
review, and reasonablv utilize scientific or historic base flood ele~atian and floodwav data
available from a federal state or other source in order ta administer this ordinance. If base flood
elevations are not available, subsection {C) below shall a~plv.
B. Where the floodplain administrator has obtained base flood elevation data, Sections 8.24.250 and
8.24.260 shall apply. R
C. In special flood hazard areas without base flood ele~ation data,
1, No encroachments, includin~ structures ar fill, shall be located in an Area of Specia! Flood
Hazard within an area eaual to the width of the stream or fiftv feet, whichever is ~reater
measured from the ordinarv hi~h water mark, unless a base flood elevation is developed bv
a licensed professianal en~ineer, or;
2. The lowest floor of any insurable buildin~or structure, includin~ manufactured dwellin~s
shall be elevated a minimum of three (31 feet,above hi~hest adiacent ~rade.
8.24.230 Stream Setback Requirements
Page 18 of 31
Stream setbacks miti~ate future flood losses bv providin~ flood stora~e, enhancin~ channel stability, and
by bufferin~ structures and other de~efapment from migratin stream channels. In addition, the stream
setback establishes ri arian buffer areas ra~ide a ortunit+es far natural stormwater treatment
increased habitat opportunities for fish and wildlife species, and increased opqartunities for recreation
and wildlife ~iewin~. The stream setback shall applv to all streams in all Central Point zanin~ districtsj
pro~ided that the setback does not apply to the Jackson Creek O~erbank re~ulatorv Floodway
delineated on the effective Flooci Insurance Rate Map, in accordance with the provisions provided in
Sectian 17.60.090.
$.24.240 Draina~e Pravisions
Adequate draina~e paths shall be provided around structures on slopes to ~uide flood waters around
and aw~ from proposed and existin~ structures, subject to the followin cri~
A. To the ~reatest extent possible, surface water runoff should be treated an-site usin~ low impact
de~elopment ~ractices, such as rain sardens: and.
B. , Surface water runoff that is nat treated onsite using low impact development practices shall drain
to an approved storm drain facility.
C. Subdivision proposals shall treat fiftv percent (50%1 of stormwater runoff e~ nerated from the
de~elopment usin~ on-site treatment methods, includin~ low impa~t devefopment and ~reen
infrastructure practices as pro~ided in the Public Work Standard Speci~cations or as otherwise
apnroved by the Public Works Director.
8.24.250 Flood lain De~ela ment Standards for Canstruttion
A. Anchorin~
1, All new cpnstruction and substantial improvements shal! be anchored to prevent flotation
collapse or lateral mo~ement af the structure.
Z, _ All manufactured homes must likewise be anchored to prevent flotation~ collapse, or lateral
movement, and shall be installed usin~ methods and practices that minimize flood dama~e.
Anchorin~ methods mav include, but are not limited to, use af over-the-top or frame ties to
~raund anchors (refer to FEMA's "Manufactured Home Installation in Fload Hazard Areas"
~uidebook for additional techniques and tietails).
B. Construction Materials and Methods
1. All new construction and substantial impravements sha11 be constructed with materials and
utiEitv equipment resistant to flood dama~e.
2. All new construction and substantia! improvements shall be constructed usin~ methods and
practices that minimize flood dama~e.
3_ Electrical, heatin~, ~entilation, plumbin~, and air-conditionin~ e~uipment and other service
facilities shall be desi~ned and/or atherwise ele~ated or located so as to pre~ent water from
enterin~ or accumufatin~ within the camponents durin conditions of fldodin~.
Page 19 of 31
Refer to FEMA Technical Bulletin 02-0$ for more information about the FEMA Flood Resistant
Materials Reauirement.
C. Utilities
1. All new and replacement water supply systems shall be desi~ned to minimize or eliminate
infiltration of f[ood waters into the svstem.
2. New and re lacement sanita sewa e s stems shall be desi ned to miti ate or eliminate
infiltration of ffood waters inta the svstems and dischar~e from the svstems into flood waters.
3. On-site waste disposal svstems shall be located to a~oid impairment to them or contamination
from them~durin~ floodin~ consistent with the Ore~on Department of ~nvironmentai Qualit~
4. Storm drain s stems shall be desi ned to ade uatel and com letel drain all flood waters
when the flood levels diminish at the point of dischar~e. Dischar~e ends of storm drain
systems shall be equi~ped with suitable devices which prevent the
D. Critical Facilities
Canstruction of new critical facilities shail be, to the extent possible, located outside the limits of
the area of special flaad hazard. Construction of new critical facilities shall be ~ermissible within
the area of special flaad hazard if no feasible alternati~e site is a~ailable. Critical facilities
constructed within ihe areas of specia! flaod hazard shali ha~e the lowest floor elevated three feet
above BFE (or depth number in AO zanes} or to the hei~ht of the 0.2 percent (500-year) flood,
whichever is hi her. Access to and from the critical facilit should also be rotected to the hei ht
utilized above. Flood roafin and sealin measures must be taken to ensure that taxic substances
or priority or~anic pollutants as defined bv the ~re~on Department of Environmental QualitV will
not be dis laced b or released inta floodwaters. Access routes elevated to or above the le~el of
the base fload elevation shall be provided to all critical facilities to the extent passible.
E. Residential Construction
1. New construction and substantial im ro~ement of an residential structure shall ha~e the
lowest floor, includin~ basement, elevated one foot abo~e the base flood elevation or base
depth~ or, if no base depth is specified in an area of shalldw floodin~ {Flood Zones AO and AH),
shall be ele~ated at least 2-feet aba~e rade.
2. Fullv enclosed areas bekow the lowest floor that are sublect to flaodin are prohibited, or shall
be desi~ned to automatically equalize hvdrostatic flood forces on exteriar walls by allowin~ for
the entrv and exit of flood waters. Desi~ns for meetin~ this requirement must be either
certified by an Ore~on re~istered professional en~ineer or architect and must meet or exceed
the followin~ minimum criteria:
a. A minimum of twa openin~s havin~ a total net area of not less than one square inch for
e~e s uare foot of enclosed area sub'ect ta floodin shalE be rovided in accordance
with the followin~ additional requirements:.
i. Qpenin~ area must be located below the base flood elevation to satisfv this
requirement; and,
ii, O enin s must be at least 3-inches wide. This re uirement a iies to the hole
in the wall, excludin~ any de~ice that mav be inserted such as a typical
foundation air ~ent device, mesh screens and hardware cloth.
Page 20 of 31
b. The bottom of all openings shall be no hi~her than 12-inches abo~e ~rade.
c. Openin~s mav be equi~ped with screens, louvers, or other co~erin~s or de~ices provided
that the ermit the automatic ent and exit of flaad waters.
3. 8elow-~rade crawlspace foundations are allowed where Base Flaod Elevation data are
a~ailable, pro~ided that they canform to ~uidelines provided in FEMA Technical Bulletin 11-
01, Crawlspace Construction for Structures Located in Special Flood Hazard Areas, buildin~
codes and below-~rade crawlspace pro~isions estabiished in Section 8.24.250(K).
F. fVonresidential construction
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall either have the lowest floor, includin~ baserr~ent, ele~ated at least
one foot above the base flood ele~atian ar base depth: Qr, if no base depth is sqecified in an area
of shallow floodin~, shall be ele~ated at least 2-feet above ~rade; and to~ether with attendant
utility and sanitary facilities, shall:
1. Be floodproafed sa that structures below one foot above base flood level, as specified above,
are waterti~ht with wa{Is impermeable to #he passa~e of water4;
2. Ha~e structural com onents ca able of resistin h drbstatic and h drod namic loads and
effects of buovancv:
3. Be certified by an Ore~on re~istered professional_en~ineer or architect that the desi~n and
methods of construction are in accordance with accepted standards of practice for meetin~
pro~isians of this subsection based on their development and or review of the structural
desi~n, specifications, and plans. Such written certifications shall be qrovided to the
Floodplain Administrator or his/her desi~nee as set forth in Section 8.24.130(L) of this chapter;
4. Nonresidential structures that are elevated and not floodproofed, must meet the same
standards for space below the lowest floor as described in Sectian 8.24.250(E)(2} and {3).
Refer to FEMA Technical Bulletin 3 for mo~e detailed information about non-residential
floodproofin~ methods and ~uidance.
G. Manufactured Dwellin~s
In addition to Para~raphs A and B of this Sectio_n, new, replacement and substantially improved
manufactured dwellin~s are subiect to the foElowin~standards:
1. Manufactured dwelkin~s shall be elevated an a permanent foundation, such that the lowest
floor of the manufactured home is ele~ated a minimum of 18-inches above the Base Flooci
Ele~ation
2. Manufactured dwellin~s supported on solid foundation walls with enclosed areas below the
Base Fload Eie~ation are prohibited unless the foundation walls are desi~ned to automatically
equalize hvdrastatic forces by allawin~ for the entry and exit of floodwaters. Desi~ns for
meetin~ this requirement must be certified by a re~iste_red professional en~ineer or architect,
flr meet or exceed the minimum criteria set forth in Section 8.24.250(E)(2)(a) throu~h (c).
~ Aci applica~lt ~~ho floodproofs nonresidential buildings will have flood insurance premiuLtis which are based on
rates thaE are one foot below the floodproofed level {e.g,, a building floadproofed to the base flc~od le~~el elevation
will be rated as one foot below the base t7ood elevation}.
Page 21 of 31
3. The bottom of the lon~itudinal chassis frame,beam in A zanes shall be at least 12-inches above
the Base Flood Ele~ation.
4. The manufactured dwellin shall be anchored to re~ent flotation colla se and lateral
mo~ement durin~ the base flood. Anchorin~ methods may include, but are not limited to use
of over-the-top or frame ties to ~raund anchors; and,
5. Electrical crosso~er connections shall be a minimum of 12-inches abo~e the Base Flood
Elevation.
Refer to FEMA's Manufactured Home Insta[lation in Fload Hazard Areas ~uideboak for additiona!
information.
H. Recreational Vehicles
In all areas of S ecial Flood Hazard Recreational Vehicles that are an allowed use ar structure
under the zanin~ ardinance must either:
1, Be placed on the site for fewer than 180 consecutive days;
2, Be full licensed and read for hi hwa use• is on its wheels or 'ackin s stem• is attached to
the site only by quick disconnect type utilities and security de~ices, and has no permanentlv
attached additions; or
2. Meet the requirements of Section 8.24.250(G), Manufactured Dwellin~s, and includin~ the
ele~ation and anchorin~ requirements. (Ord. 1767 §1(part}, 1997).
I. Accessary Structures
Relief from the_ elevation or drY flood-proofin~standards mav be ~ranted for an accessorv
structure containin~ no more than 200 square feet_Such a structure must meet the folfowing
standards:
1. Be located and constructed to minimize flood dama~e;
2. Be desi~ned so as ta nat impede flow of flood waters under base flood conditions•
3. If located in a re~ulatory FlaadwaV, shalf ineet the pro~isions set forth in Section $.24.200
4. It shalE not be used for human habitation and mav be used solelv for parkin~ of vehicles or
stora~e of items ha~in~ low dama~e potential when submer~ed;
4. Toxic material, oil or ~asoline, or anv priaritv nersistent pollutant identified bv the Qregon
De artment of En~ironmental ualit shall not be stored below BFE or where na BFE is
a~ailable lawer than three feet above rade unless canfined in a tank installed in
compliance with this ordinance;
5. Be constructed of flood resistant materials;
7. Be firmly anchored to pre~ent flotation;
8...._ Ha~e eiectrical service andlor mechanical equipment elevated or flood-proofed to or above
the base flood elevation, and;
9. Be desi~ned ta equalize hydrostatic flood forces on exteriar walls bv allowin f~ or the
automatic ent and exit of floodwater. Desi ns for com I in with this re uirement mus#
be certified b a licensed rofessional en ineer or architect or meet the minimum desi n
criteria set forth in Section 8.24.Z50(E)(2)(a) throu~h (c).
Page 22 of 31
J. 5tructures Ele~ated on Fill
A residential or non-residential structure may be constructed on permanent fill material in
accordance with pro~isions set forth in the Ore~on Specialtv Cades, qrovided that the
re uirements set far in Sectians 8.24.250 E and 8.24.250 F and the follawin criteria are met:
1. Basement foundations are prohibited on buildin~ sites ele~ated with permanent fill due to the
residual flood risk assaciated with sub-~rade floodin~.
2. ~ill placement shaEl be properly desi~ned and compacted to account for consolidation of the
underl in sail under the wei ht of the fill and the structure• differential settlement due to
variations in fill compositian and characteristics; and, slope stabilitv and erosion control,
3. The placement of structuraf fill in accordance with these re~ulatians shall not ad~ersely affect
the surface water draina~e from or onto nei~hborin~ properties. A fina! ~rading.,a„nd draina~e
plan must demonstrate that potential ad~erse impacts to nei~hbarin~ properties from surface
water draina~e will be adeauately miti~ated.
4. When fill is placed in the special flood hazard area to ele~ate structures as a means of
pra~idin~ flood protection, flood waters mav be displaced causin~ increases, to the base flood
elevation o~er time. Compensatorv fload stora~e is required ta miti~ate the impacts of flood
water displacement associated with the placement of fill ta ele~ate structures as a flood
pratection method. Ta meet this requirement, each cubic foot of,fil! olaced must be
accompanied by rema~al of a hydraulically equivalent ~oEume af soil from the same elevation.
The compensatory stora~e canceptual draw+n~ is pro~ided in Dia~ram 1.
Page 23 of 31
Elev~tion View
Not b Sade
0
FIII-Afiutelapp1~t01 ~ ~~ ~~
,;;4' ~,ei~ , r5~.v~` a' ~// ~/r ~.;;
r}~~/11 ~., 'w'Y.~ .~///l.r~` ~~G~~~ . .~..:,/i:.<.',O~'.. ~Alfi"%i
DiA RAM -- MPEAf T RY T
K. Below Grade Crawlspaces
Belaw-~rade crawlsqaces are allawed subiect to the followin~ standards as found in FEMA
Technical Bulletin 11, Crawlspoce Construcrion fdr 8uildin4s Located rn Specipf Flood Hazard Areas.
Residents should note that there is an increased cost for flood insurance associated with below-
~rade crawlspaces. There is a char~e added to the basic policv ~rernium for a below-~rade
crawlspace versus a standard, at ~rade, crawlsqace foundation.
1. The buildin~ must be designed and adequatelv.anchored to resist flotation, collapse, and
lateral mo~ement of the structure resultin~om hYdrodvnamic and hvdrostatic loads
includin~ the effects af buovancv. Hydrostatic loads and the effects of buovancv can usually
be addressed throu~h the required openin~s stated in Sections 8.24.250 {E)(2). Because of
hydrodynamic loads, crawlspace construction is not allowed in areas with flood ~elocities
greater than #i~e (5) feet per second unless the desi~n is reviewed bv a c~ualified desi~n
professional, such as a re~istered architect or prafessiona! en~ineer, Oiher types of
foundations are recommended for these areas.
2. The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must
ha~e o enin s that e ualize h drastatic ressures b allowin the automatic ent and exit of
Page 24 of 31
floodwaters. The bottom of each flood ~ent openin~ can be no more than one {1) foot above
the lowest adiacent exterior ~rade.
3. Portions of the buildin below the BFE must be constructed with materials resistant to flood
dama~e. This includes not only the foundation walls of the crawlspace used to ele~ate the
buildin but also an 'oists insulation ar other materials that extend below the BFE. The
recommended construction practice is to elevate the bottom af iaists and all insulation abo~e
BFE.
4. Any buildin~ utility systems within the crawlspace must be elevated abo~e BFE or desi n~ ed so
that floodwaters cannat enter or accumulate within the svstem components durin~ ffood
conditians. Ductwork in articular must either be laced above the BFE or seafed from
floodwaters.
5. The interior ~rade of a crawlspace below the BFE,must not be more than two (2) feet belaw
the lowest adiacent exterior ~rade,
6. The hei~ht of the below-~rade crawlspace, measured from the interior qrade of the
crawlspace to the top of the crawlspace fo,undation wall must nat exceed faur 4 feet at anv
oint. The hei ht limitation is the maximum allowable unsu orted wall hei ht accordin to
the en ineerin anal ses and buildin code re uirements for flood hazard areas.
p~pCiRAM 2. REQUI$EMENTS REGARDfNG BELOW~'iRApE CRAWLSPACE CONSTRUCfIQfV
7. There must be an ade uate draina e s stem that removes flaodwaters from the interior area
of the crawlspace. The enciosed area should be drained within a reasonable time after a flood
e~ent. The ty_pe of draina~e system will vary because of the site ~radient and other draina~e
characteristics, such as soil tvqes. Possible options include natural draina~e throu~h porous,
well-drained sails and draina e s stems such as erforated i es draina e tiles or ravel or
crushed stone draina~e by ~ravitv or mechanical means.
Page 25 of 31
8. The velocit of floodwaters at the site should not exceed fi~e 5 feet er second far an
crawls ace. For velocities in excess of five 5 feet er second other foundation es should
be used.
For more detailed informatian refer to FEMA Technical Bulletin 11-01,
8.24.26U Other Development Standards
A. Fences and Walls
Fencin~ within t_he ffoodplain occurs frequently and can si~nificantly increase flood ele~ation. This
is due to the fences collectin debris and effecti~el creatin a dam. Limited fencin will be
allowed within the_floodplain; pro~ided, that it does nat create flow restrictions and allow for the
free flow af water. The follawin~ ~rovisions shall applv to ali fences permitted in the SFHA:
1. Fences are rohibited within the stream setback area on lots latted after the effective date of
this ordinance. Fences ma be ermitted in the stream setback area established ursuant ta
Sectidn 17.6~.090 on lots platted prior to the effective date of this ordinance pra~ided that
requirements provided below are satisfied:
a. Fences in the re~ulatorv Floodway are prahibited;
b, Fences are setback a minimum af S-feet from the to -of-bank•
c_ Gates that are installed between properties that border a creek shall be of a width no less
than twel~e feet.
d. Fencin~ must be built in remo~able sections:
c. Fencin~ that consists o# solid walls, creates a barrier impervious to stream flow or fencin~
that r~ eatly restricts the flow af water is prohibited.
d. Gates installed between properties,that border a creek shall have a minimum width of 12-
feet.
e. Such fencesLif si~nificantiv dama~ed or destroyed by a flood shall'require a floodplain
de~elopment permit pursuant to Section 8.24.130 to ensure that reconstruction methads
are consistent with the need to minimize future flaod dama es.
3. Fences are a form of de~elopment and require a floodplain development permit pursuant to
Section 8.24.09~. E~a{uation of floodplain.de~elopment permit applications for proqosed
fences will be based on the followin~ criteria
a. Fencin~ that consists of solid walfs, creates a barrier imperrrious to stream flow ar fencin~
that ~reatlv restricts the nassa~e of water will not be allowed. 7hese include masonrv
walls, retainin~ walls, chain link fencin~, space board-type,fencin~ o~r similar fencin~ that
creates a sol_id wall either bv desi~n or the accumulation of debris.
b. Fencin outside the floodwa but within the s eciai fiood hazard area will be restricted to
the least flow-restrictive t es of o en fencin that alfows the assa e ~f water.
c. Barbed wire fencin~ or other like material, which creates an unreasonable ar_unnecessarX
risk of iniury are prohibited.
Page 26 of 31
4. The_city may, at any time, for any_reason, require removal of any fence placed in the stream
setback area, with no compensation to the owner for the ~alue of the fence If remo~al is nat
accom lished b the owner within thi da s after cit 's written re uest thereof ci ma
affect removal and dis osal and assess the ro e for the costs thereof in the same manner
as set forth in Sec#ion 8.08,030 of this code.
5. If existin~ circumstances make it reasonably necessary for city to remove a fence in the stream
setback area without ivin the ra e awner advance notice and an o ortunit to remo~e
the fence, city mav affect remo~al and disposal, and assess the propertV for the costs thereof
in the same manner as set forth in Section 8.08.d30 of this code, the same as if the propertv
owner had failed to remove the fence after due notice.
6. 7he city shall not, under anv circumstances, be responsible far any dama~e resultin f~ rom.
cit 's rema~al of an fence laced in the stream setback area whether such dama e is to a
fence, iandscapin~, under~raund sprinklers, anv buildin~ or structure loss of a pet, dama~e
caused b_y a loase pet, or any other dama~e whatsoe~er, includin~ qersonal iniurv {Ord 1846
§2(part), 2403).
B. Tanks
1. New and re~lacement tanks in fload hazard areas shall be either elevated above the Base
Fload Ele~ation on a supportin~structure desi~ned to pre~ent flotation, collapse or lateraf
mo~e.ment durin~ conditions of the base flood, or be anchored to prevent flotation, callapse
or lateral movement resuitin~ from hydrostatic loads includin~the effects of buavancu
assumin the tank is em t durin conditions of the base flood. Desi ns for meetin the
requirements abo~e shall be certified bv a re~istered professionai en~ineer The
certification shall be maintained on file with the floodplain development qermit as pro~ided
in Section 8.24.130(M). '
2._ New and replacement tank inlets, fill openin~s, out,lets and ~ents shall be placed a minimum
of 2 feet above the Base Fload Ele~ation or fitted with covers desi~ned to pre~ent the inflaw
of floodwater ar outflow of the contents of the tank durin~ conditions of the base flood.
VARIANCE AND APPEAL PROCEDURES
8.24.270 Variance
A. An application for a variance must be submitted to the City of Central Point Floodnlain
Administrator on the form ro~ided b the Cit and include aE a minimum the same information
required far a devefopment permit and an explanation for the basis for the variance request
B. The burden to show that the ~ariance is warranted and meets the criteria set out herein is an the
aqplicant.
C. Upon cansideration of the criteria in Section 8.24.280 (Criteria for Variancesl and the purpose of
this ordinance, the City Council mav attach such conditions to r~ antin~ of variances as it deems
necessary to further the purposes of this ordinance,
D. The Floodqlain Administrator shall maintain a permanent record of all ~ariances and report anx
~ariances to the Federal Emer enc Mana ement A enc u on re uest.
Page 27 of 31
Page 28 af 31
8.24.2$0 Criteria for Variances
A. Variances shall nat be issued within a desi~nated floodway if any increase in flood le~els durin~
the base flaod dischar~e would result.
6. Generall the onl condition under which a variance from the ele~ation standard ma be issued is
for new construction and substantial im rovements to be erected on a lot of one-half acre or less
in size conti~uous to and surrounded bv lots with existin~ structures constructed below the base
fload level rovidin items a-' in Sectian 8.24.280 I ha~e been full considered. As the lot size
increases the technical iustification required for issuin~ the ~ariance increases.
C. Variances sha[I only be issued upon a determination that the ~ariance is the minimum necessary,
considering the flood hazard, to affard relief.
D. Variances shall only be issued upon a:
1. Showing of ~ood and sufficient cause;
2. Determination that failure to ~rant the variance would result in exceptional hardship to the
a~plicani, and;
3. Determination that the r~ antin~ of a ~ariance will not result in increased flood hei~hts,
additional threats to public safetv, extraordinarv public expense, create nuisances, cause
fraud on or victimization of the public as identified in Section 4.1-4(4), or conflict with
existin locak laws or ordinances. ~ ~~~
E. Variances may be issued for a water dependent use provided that the
1. Criteria Section $.24.270{A) throu~h (D) are met, and;
7. The structure or other develapment is protected bv methads that minimize flood dama~es
~ durin the base flood and create no additional threats to ublic safet .
F. Variances may be issued for the reconstruction, rehabilitation, or restoratian of structures listed
on the National Re~ister of Historic Places or the Statewide Inventory of Historic Properties,
without re~ard to ihe procedures set forth in this section,
G, Variances as interpreted in the National Flood Insurance Prosram are based on the ~eneral zaning
law principle that thev pertain to a~hysical piece or prapertv: they are not personal in nature and
da not ertain to the structure its inhabitants economic or financial circumstances. The
primarilv address small lots in densely populated residential nei~hborhoods. As such, variances
from the flood ele~ations should be puite rare.
H. Variances ma be issued for nonresidential buildin s in ~e limited circumstances to allow a
lesser de ree of flood roofin than waterti ht or d-flood roof n where it can be determined
that such action will ha~e low dama~e potential, complies with all other variance criteria and
otherwise com lies with buildin cades.
I. in passin~ u~on such anplications, the Citv Council shall consider all technical e~aluations, all
relevant factors, standards specified in other sections_of this ordinance, and the:
1. Dan~er that materiafs may f~e swept onto other lands to the iniurv of athers:
2. Dan~er to life and vroperty due to floodin~ ar erasion dama~e;
3. Susceptibility of the proposed facility_.and its contents to flood dama~e and the effect of
such dama~e on the individual owner:
Page 29 of 31
4. Importance of the services pro~ided by the proposed facility to the community;
5, ,NecessitYto the facilitv of a waterfront location, where applicable;
6, Availability of alternative locations for the proposed use which are noE subiect to floodin~ or
erosion dama~e;
7. Compatibility ofthe proposed use with existin~ and anticipated develapment;
8, The relationship of the proposed use to the comprehensive plan and flood plain
mana~ement pro~ram for that area;
9. Safetv of access to the property in times of flood for ordinary and emer~er~cy vehicles;
10. Expected hei~hts, ~elocitv, duration, rate of rise, and sediment transport of the fload waters
and the effects of wave actian, if applicable~ expected at the site; and,
11. Casts of providin~ ~overnmental ser~ices durin~ and after flood conditions, includin~
maintenance and repair of public utilities and facilities such as sewer. ~as, electrical, and
water~stems, and streets and brid~es.
8.24.29p Variance Decision
The decision to either ~rant or denv a ~ariance shal! be in writin~ and shall set forth the reasons for such
approval and denial. If the ~ariance is ~ranted, the property owner shall be put on notice alon~ with the
written decision that the permitted buildin~ will have its lowest floor below the Eaase ~lood elevation and
that the cost of flood insurance likely will be commensurate with the increased flood dama~e risk.
8.24.300 Appeals
The Ci Council shall hear and decide a eals fram the inter retations of the Administrator.
A. An appeal must be filed with the City clerk within 30_days of th_e date of anv permit denial or
interpretation af the Administrator. Failure to timelv file_an_aqqeal shall be considered a failure to
exhaust the administrati~e remedies. The appeal must set out the interpretation or decision of the
Floodplain Administrator and a narrative setting forth the facts relied upon bv the appellant and
the appellants claim re~ardin~ the error in the interpretation or decisian.
B. Upon receipt of a campleted a~peal, the a~peaf will be scheduled for the next available Citv
Council meetin~ to be heard. The Crty Council shall consider criteria set forth in Sectian 8.24,280 of
this Chapter as the basis for e~aluatin~ the appeal. ~
8.24.310 Decision
The City Council's decision an an appeal shall be in writin~ and set out the facts, technical informatifln
and the le~al basis for the decision.
Page 30 of 31
PENALTIES FOR VIOLATION
8.24.320 Penalties for Violati~n
No structure or land shafl hereafter be constructed, located, extended, con~erted, or altered without full
comRliance with the terms of this chapter and other applicable re~ulations. Violations of the pro~isions
of this ardinance bv failure ta comqlv with any of its requirements {includin~ violations of conditions and
safe~uards established in connection with conditions} shall constitute a misdemeanor. Each and e~erv
day durin~ anV pOrtion of which any ~iolation this Chapter is committed, continued or permitted bv any
person constitutes a separate ~iolation. AnV person who ~iolates this chapter or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than $250 per day or imprisoned for
not more than 5 davs• or_both,_for each ~iolation and in addition shall pay all costs and expenses
in~alved in the case. Each dav that qasses constitutes a separate offense. Nothin~ c~ntained in this
chapter shall prevent city from takin~ such other lawful action as is necessarv to pre~ent or remedv any
~iolation. (Ord. 1757 §1(part), 1997).
8.24.340 Se~erabilitv
The ordinance is herebv declared to be se~erable. Should anv portion of this ordinance be declared
invalid by a court of competent jurisdiction, the remainin~ provisions shall continue in full force and
effect and shall be read to carr out the ur ose s of the ardinance before the declaration of artial
in~alidity. '
8.24.350 Abro~ation and Greater Restrictions
This chapter is not intended to repeal, abro~ate, or impair any existin~ easements, ca~enants or deed
restrictions. Hawever, where this chapter and another ordinance, state buildin~ code, easement,
ca~enant ar deed restriction conflict or overlap, whichever imposes the more strin~ertt res#rictions shafl
pre~ail. (Drd. 1767 §1~qart), 1997).
Page 31 of 31
Chapter 17.57
FENCES
Sections:
17.57.Q10 Chapter application.
17.57.020 General regulations.
I7.57.030 Fences in the streatn setbac~ area.
17.57.040 Prohibiteti fence types.
17.57.050 Violation--Penalty.
17.57.010 Chapter application.
This chapter will apply to all zone classifications within tlie city as listed in this title. All of the
provisions of Ghapter 12.20 and Chapter 17.67 relating to the (acation, ~lacement, and height of
fences are also applicable to fences af~'ected by this chapter. (Ord. 1846 ~S2(part}, 2003).
17.57.02~ General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a public right-of-
way, per Section 12.2D.020. Fences in the floodplain are regulated in accordance with the
p~-ovisians established in Section 8.24.~$260(A~) of tbe municipal code.
B. Building Permits. A buildin~ permit ~ar the following structures shall be accompanied by a
permit fee and a plan review fee in an amaunt baseci on vatuation per the building departniefit fee
schedule as adopted by the city:
1. Barriers around swin~ning pools, as required by the 2003 State of Oregon Dwelling
Specialty Code, Chapter 41 and Appendi~ G; a7id t~1e 1998 Oregon Structural Specialty
Code, Appendix Chapter 4;
2. Fences over six feet tall;
3. Masonry walls;
4. Retauung walls over four ~eet in heigl~t measured fram the bottam of the footing ta the top
of the wall; and
5. Retaining walls, a~iy height, supporting a surcharge.
C. Setbacks and Desi~1 Criteria.
Fe~lce Regulations
R-L R-1 R-2 R-3 C-N C-2(M} C-4 C-5 M-1 M-?
Fence Pei~nit a> ~> a, a, a, a, ~, a, a, a,
Required ~~1 a-1 a-1 a-1 a-1 a~l a-1 a-1 a-1 a-1
Front Yard 20~ 2Q~ 20' 20' 20' 2(}' 20' 20' 20' 20'
Setback Far 6' b b b b b b b b b b
Fence
Side Yard 5~ 5' S' S' S' S' S' S' ~' S'
Setback
Rear Yard ~, ~, 0, ~, ~, ~, ~, ~, ~~ 4,
Setback
10' 10' 10' l0' 10' 10' 10' 10' 10' 10'
Corne~r Lot
C C C C C C C C C C
Masonry Walls,
Retaining Walls,
Fences Over G' e ~ e e e e e e e e
in Height
Chain Link
Fencing, Space-
Board-Type e e e e e e e e e e
Fencuig, etc.
Setbacks for 2U' 20' 20' 20' 20' 20' 20' 20' 20' 20'
Gates
V ariances f f f f f f f f f f
a: A fence pennit is required if fence is ta be constructed in public right-of-way.
a-l : A building permit is required far fencing around swimming pools, fences over six
feet in height, niasonry walls and x•etaining walls.
*b: Forty-two-inch-high maximum fences allowed within ~'ront setback area.
*c: No fencing will confYict with the sight distance requirernents set by the public works
department.
*d: Fence height will be ineasured from the finished grade on the side nearest the street.
e: Requests for variances shall be inade by applicatian on such form as designated by the
city administrator and will be reviewed in accordanee with Cl~apter 17.05.
(~rd. 1846 §2(part)> 2003).
17.57.030 Fences in the stre~m setback ai~ea.
I A. Fences are p7~ohibited inside ~ee~a~-asfloodways designated an the Federal Insurance
Rate Maps (FIRMs) far the city of Centxal Point. However, some types of fexlces and other
improvements can be allowed within the recommended building setbacks for properEies abutting
a stream sub'ect to the criteria set f~rth in Section
8.24.260(A af the Gentral Point 11~1unicipal Code.=
~. A setback of five feet from the top of the strearn bank is required for alI fencing. This allows
£or period~c inspection of the creek charuiel by the ~~i~y.
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17.57.044 Prohibited fence types.
A. Barbed wire fencing or other like material, whieh creates an unreasonable or ur~necessary risk
of injury.
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17.57.050 Violation--Penalty.
Any persan violating any pravision of this chapter will, upon conviction thereof, be subject to
the general penalty. Upon discavering any violation of the restricrions imposed by this chapter,
except a~~iolation af Section 12.20.d20, it will be the duty of tlie city administrator, or his
desi~zee, to give written notiee of the violation to the person in possession and c~ntrol of the
premises on wluch the offending fence exists or is being co~~structed, with a demand that the
same be forthwith made to conform to this chapter. Upon receipt of such natice, the person
responsible for the structure will be deeined ta be guilty of a separate offense for each day dut~ing
w~ucb the fence is thereafter permitted to exist in violation far the restrictions of this chapter.
(Ord. 1846 52{part), 2003).