HomeMy WebLinkAboutResolution 780 - Code Amendment, CPMC 17.57PLANNING COMMISSION RESOLUTION NO. , $o
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A FAVORABLE
RECOMMENDATION TO THE CITY COUNCIL TO CONSIDER AMENDMENTS TO
THE MUNICIPAL CODE CHAPTER 17.57, FENCES
WHEREAS, the City is enacting code amendments to Chapter 8.24, Flood Damage Prevention to
comply with the National Flood Insurance Program (NFIl') requirements in response to
publication of a new Flood Insurance Rate Map (F1RM) and Flood Insurance Study (FIS); and,
WHEREAS, provisions set forth in Chapter 8.24, Flood Damage Prevention apply to all
development activities in the SFHA, including fence construction, and achieve greater
coordination between affiliated codes such as the Building and Zoning Codes and the Public
Works Standard Specifications; and,
WHEREAS, existing code language in Chapter 17.57, Fences, provides specific construction
standards for fences in the Special Flood Hazard Area (SFHA); and,
WHEREAS, amendments to Chapter 17.57 refer all specific fence construction standards for
Special Flood Hazard Areas to Chapter 8.24 Section 260; and,
WHEREAS, a study session to discuss proposed changes to Section 17.57 was held on
January 24, 2011 with members of the Planning Commission and Citizens Advisory Committee;
and,
WHEREAS, after reviewing the requested proposal and considering public testimony, it is the
determination of the Planning Commission that the proposed amendments as set forth in
Attachment "B" and supported by the findings in Attachment "C" are consistent with all
applicable goals, objectives, and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Central
Point, Oregon that the amendments as set forth in Attachment "B" be forwarded to the City
Council with a recommendation that the City Council favorably consider amending the City of
Central Point Municipal Code as specifically set forth in the attached exhibit.
PASSED by the Planning Commission and signed by me in authentication of its passage this 1st
day of February, 2011. /~ /~~ ~~
~A`ilCO..+..X-
Planning Commission Chair
ATTEST:
City Representative
Approved by me this (~+ day of ~ 2011.
~~--~1~~
Planning Commission Chair
Y-
Planning ®epartment
STAFF REP®RT CENTRAL TomHumphrev,AlcP,
P®INT Community Development Director/
Assistant City Administrator
STAFF REPORT
February 1, 2011
AGENDA ITEM: File No. 11013
Consideration of Resolution No. recommending approval of amendments to the City of
Central Point Municipal Code Chapter 8.24 -Flood Damage Prevention and Resolution No.
Chapter 17.57 -Fences. Applicant: City of Central Point.
STAFF SOURCE:
Stephanie Holtey, CFM Floodplain/Stormwater Coordinator
BACKGROUND:
The Federal Emergency Management Agency (FEMA) has completed a Flood Insurance Study (FIS) for
Jackson County. The purpose of the FIS was to reevaluate flood hazards and floodway boundaries. Based
on the findings of the FIS, a new Flood Insurance Rate Map has been prepared by FEMA and will
become effective on May 3, 20] 1. Failure to complete adoption of the FIRM and related code
amendments by May 3, 2011 will result in suspension fi•orn the National Flood Insurance Program
(NFIP).
To remain compliant with FEMA flood regulations and the National Flood Insurance Program the City
must adopt:
Revisions to CPMC 8.24, Flood Damage Prevention Ordinance. CPMC 8.24 maintains flood
management standards for the City of Central Point, and has not been updated since 1997. As a
result of changes in "best practices" and the new FIRM it is both appropriate and necessary to
update CPMC 8.24. The proposed CPMC 8.24 is based on the State's Model Flood Damage
Prevention Code ("Model Code"), with modifications to include code language acceptable to
FEMA. Aside from the reference to the new FIRM the major differences in the proposed CPMC
8.24 atendments are organizational, with clarification between affiliated codes, i.e. Building
Code, Zoning Ordinance, etc. The new FIRM and DFIRM, by reference, are included in the
proposed CPMC 8.24. Construction standards set forth in the existing ordinance language have not
been changed with the exception of the following added sections:
• Stream Setback Requirement [References existing regulations in Section 17.60.090.)
• Drainage Provisions [Encourages onsite surface water treatment and references Public
Works requirement, for any water not treated onsite to drain to an approved storm drain
facility.]
• Accessory Structures [Provides relief from the elevation and dry floodproofing
requirements for accessory structures less than 200 square,feet in size, provided that
minimum flood damage prevention standards are satisfied.]
Page 1 of 3
Below-grade Crawlspaces [Allows below-grade crawlspace construction technique to be
utilized. This is a common construction practice that must be referenced to maintain NFIP
compliance.)
Fences [Specific floodplain fence construction standards from Chapter 17.57 are relocated
here. Provision added to specifically exclude new fence construction in the Special Stream
Setback provided in Section 17.60.090 and 8.24.240 following adoption of these ordinance
revisions. A grandfathering provision is also specifically included for pre-existing,
compliant,fences.J
Revisions to CPMC 17.57, Fences. Fence revisions were made to relocate specific fence
construction standards for fences in the SFHA to Chapter 8.24, Section 260, and Subpart A.
Although substantially unaltered, a change was made to prevent fence construction within the
stream setback area established in Section 17.60.090 on lots platted after the effective date of these
proposed ordinance revisions. This provision aims to achieve compliance with state and Federal
water quality standards and to reserve conveyance and flood storage areas in an effort to buffer
future development frorn costly flood damages.
FINDINGS:
See Attachment "C -Findings".
ISSUES:
There are three basic issues with respect to consideration of the proposed changes to CPMC 8.24 and
CPMC 17.57:
Flood Insurance Rate Maps (FIRM). The new FIRM redefines the flood hazard area. Although
the total nurnber of properties and structures impacted by the 100-year floodplain have decreased,
the changes to the spatial distribution of high risk flood hazard areas has resulted in many
previously unaffected properties being re-zoned into the 100-year floodplain and vice versa. The
following table provides a comparison between properties affected by the old FIRM and the new
FIRM.
Floodwa Acrea e' • 35.58 Floodwa Acrea e 136
SFHA Acrea e 402 SFHA Acreage 175
500- ear Acrea e 435 500- ear Acrea e 703
Floodwa Tax Lots 136 Floodwa Tax Lots 502
Floodwa Structures 45 Floodwa Structures 83
SFHA Tax Lots 1094 SFHA Tax Lots 637
SFHA Structures 1210 SFHA Structures 429
Upon publication of the new FIRM on May 3, 2011 the lending and insurance industries will be
enforcing the Federal mandatory flood insurance purchase requirement on structures located in the
SFHA. Grandfathering options are available to most property owners in Central Point; however,
insurance policies must be purchased before the map takes effect (5/3/11).
To mitigate impacts to affected residents, the City has made efforts to acquire FEMA Elevation
Certificates for all SFHA properties without apre-existing certificate on file. The Elevation
Page 2 of 3
Certificate is the official Federal form used to rate policies and will be a necessary purchase for
property owners once the map takes effect.
2. Flood Insurance Requirements. Structures with mortgages from federally affiliated lending
institutions in the 100-year (high risk) floodplain are subject to a financial obligation to purchase
flood insurance. For those affected, this will result in an additional annual cost.
3. National Flood Insurance Program (NFIP). The NFIP makes Federal flood insurance available
in Central Point in exchange for the City's adoption and enforcement of floodplain regulations that
meet or exceed the minimum standards set forth in the Code of Federal Regulations. Suspension
from the NFIP would prohibit residents from obtaining the flood insurance needed to satisfy flood
insurance requirements by the lending industry.
In the event om• timeline for adoption exceeds the deadline and the City is suspended from the
NFIP, reinstatement is possible once a federally compliant and legally enforceable ordinance
becomes effective.
In addition, the City's continued efforts to minimize flood impacts in the cornmunity through the
enforcement of higher regulatory standards and a proactive floodplain management approach
earns residents automatic discounts on flood insurance premiwns through the cornmunity Rating
System (CRS).
It is important to underscore the importance of enacting revisions to the flood ordinance to meet
the National Flood Insurance Program (NFIP) requirements prior to the effective date of the new
FIRM on May 3'~.
ATTACHMENTS:
Attachment "A -Proposed Amendments, Chapter 8.24"
Attachment "B -Proposed Amendments, Chapter 17.57"
Attachment "C -Findings"
Attachment "D - Resolution No. "
Attachment "E -Resolution No.
Attachment "F -Comparative FIRM"
ACTION:
.Consider Resolution No. and No. forwarding a favorable recommendation to the
City Council to approve amendments as presented in Attachments "A -Proposed Amendments, Chapter
8.24" and "B -Proposed Amendments, Chapter 17.57".
RECOMMENDATION:
Approve Resolution No. and No. forwarding a favorable recommendation to the
City Council to approve amendments as presented in Attachments "A -Proposed Amendments, Chapter
8.24" and "B -Proposed Amendments, Chapter 17.57".
Page 3 of 3
Chap4er8.24
FLOOD DAMAGE PREVENTfON-,QdU~-ldB.~ARk}~p4a446AA~IpAt*
Sections:
8_24.07.0 Statutory Authorization.
8.24.020 Findings of Fact.
8.24030 Statement of Purpose.
8.24.040 Methods of Reducing Flood Losses.
5.24.050 Definitions.
5,24.060 Application.
8.24.070 Basis for establishing the areas of special flood hazard.
8.24.080 Coordination with State of Oregon Building Codes Division Specialty Codes.
8.24.090 Establishment of Floodplain Development Permit.
8.24.1001nterpretation.
8 24.110 Warning and disclaimer of liability.
8.24.120 Designation of Floodplain Administrator.
8.24.130 Duties of the Floodplain Administrator.
8.24.140 Permit Procedures.
8_24.150 Substantial Damage and Substantial Improvement Determination.
8.24.160 Watercourse Alterations
8.24.170 Requirement to Submit New Technical Data
8.24.180 Non-Conversion of Enclosed Areas Below the lowest Floor
8.24.190 Site Improvements and Subdivisions.
8.24.200. Development in Regulatory Floodways
8.24.210 Development in Zones With Base Flood Elevations but No Regulatory Floodway.
8.24.220 Development in Zones without Base Flood Elevations.
8.24.2305tream Setback Requirement.
8.24.240 Drainage Provisions.
8.24.250 Floodplain Development Standards for Construction.
8.24.260 Other Development Standards.
8.24.270 Variance.
8.24.280 Criteria for Variances.
8.24.290 Variance Decision.
8.24.300 Appeals.
8.24.310 Decision.
8.24.320 Penalties for Non-Compliance.
8.24.330 Severability.
8.24.340 Abrogation and Greater Restrictions.
* Prior ordinance history: Ords. 1585, 1716 and 1749.
8.24.010 Statutory Authorization
The Legislature of the state has delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the city ordains and sets out the provisions of this chapter.
8.24.020 Findings of Fact
A. The flood hazard areas of the city are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment
of the tax base; all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by structures in flood hazard areas, which are inadequately
elevated, flood-proofed, or otherwise unprotected from flood damages, and the cumulative
effect of obstructions in flood hazard areas, which cause increases in flood heights and
velocities, and when inadequately anchored, damage uses in other areas.
C. The City of Central Point has the primary responsibility for planning, adoption and
enforcement of land use regulations to accomplish proper floodplain management. (Ord.
1767 §1(part), 1997).
8.24.030 Statement of Purpose
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the
annual cost of flood insurance; and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money on costly flood damage and control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize unnecessary disruption of commerce, access and public service during times of
flood;
E. Minimize damage to public facilities and utilities such as water, sanitary sewer, storm drain
and gas mains; electric, telephone, and television cable lines; and streets, bridges, and other
appurtenances which are located in Areas of Special Flood Hazard;
F. To help maintain a stable tax base by providing for the sound use and development of flood-
prone areas;
G. To ensure that potential buyers are notified that property is in an Area of Special Flood
Hazard;
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions; and,
I. Manage the alteration of flood hazard areas, stream channels and shorelines to minimize
the impactof development on the natural and beneficial functions of the floodplain. (Ord.
1767 §i(part), 1997).
8.24.090 Methods of Reducing Flood Losses
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 heights, velocities, or erosion;
B. Require development that is vulnerable to floods, including structures and facilities necessary
for the general health, safety and welfare of citizens, to be protected against flood damage at
the time of initial construction.
C. Control filling, grading, dredging and other development which may increase or modify flood
damage or erosion;
D. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters
or that may increase flood hazards to other lands;
E. Preserve and restore natural floodplains, stream channels and natural protective barriers
which carry and store flood waters; and,
F. Coordinate with and supplement provisions of State of Oregon Specialty Codes enforced by
the State of Oregon Building Codes Division. (Ord. 1767 §1(part), 1997).
8.24.050 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter its most reasonable application.
A. Accessory Structure means a structure on the same or adjacent parcel as a principal
structure, the use of which is incidental and subordinate to the principal structure.
8. Anneal means a request for review of the Floodplain Administrator's interpretation of
provisions of this ordinance.
C. Area of Shallow Floodine: means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM) with base flood depths ranging from one to three feet, and/or where a clearly
defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident. AO zones are characterized as
having sheet flow, and AH zones indicate ponding.
D. Area of Special Flood Hazard means the land in the Floodplain within a community subject to
a one percent or greater chance of flooding in any given year. Zones designating areas of
special flood hazard on Flood Insurance Rate Maps always include the letters A or V. Also
known as the Special Flood Hazard Area (SERA).
E. Base Flood means the flood having a one percent (1%) chance of being equaled or exceeded
in any given year.
F. Base Flood Elevation (BFEj, means the water surface elevation during the base flood in
relation to a specified datum. The Base Flood Elevation (BEE) is depicted on the FIRM to the
nearest foot and in the FIS to the nearest 0.1 foot.
G. Basement means any area of a building having its floor subgrade (below ground level) on all
sides.
H. Below-grade Crawlsoace means an enclosed area below the base flood elevation in which
the interior grade is not more than two feet below the lowest adjacent exterior grade and
the height, measured from the interior grade of the crawlspace to the top of the crawlspace
foundation, does not exceed 4 feet at any point. Below-grade crawlspaces are allowed
subject to the conditions found in FEMA Technical Bulletin 11-01 and in Section
8.24.220(E)(3).
I. C~means the city of Central Point.
1. Critical Facility or "Essential facility" means a facility that is critical forthe health and welfare
of the population and is especially important following hazard events. "Critical facilities" or
"essential facilities" include:
1. Hospitals and other medical facilities having surgery and emergency treatment areas;
2. Fire and police stations;
3. Tanks or other structures containing, housing or supporting water orfire-suppression
materials or equipment required for the protection of essential or hazardous facilities
or special occupancy structures;
4. Emergency vehicle shelters and garages;
5. Structures and equipment in emergency preparedness centers;
6. Standby power generating equipment for essential facilities; and, _
7. Structures and equipment in government communication centers and other facilities
required for emergency response.
K. Datum The vertical datum is a base measurement point (or set of points) from which all
elevations are determined. Historically, that common set of points has been the National
Geodetic Vertical Datum of 1929 (NGVD 29). The vertical datum currently adopted by the
Federal government as a basis for measuring heights is the North American Vertical Datum
of 1988 (NAVD 88).
L. Development means any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations or storage of equipment and materials located
within the area of special flood hazard. Exemptions to the definition of development, for
the purpose of administering this ordinance, include:
1. Signs, markers, aids, etc. placed by a public agency to serve the public; and,
2. Residential gardens provided that they do not result in unauthorized, substantial
alteration of topography; and provided that gardening methods do not include the
use or application of pesticides, herbicides, fertilizers or other toxic materials.
M. Digital FIRM (DFIRMI means Digital Flood Insurance Rate Map (DFIRM). It depicts flood risk
and zones and flood risk information. The DFIRM presents the flood risk information in a
format suitable for electronic mapping applications.
N. Encroachment means the advancement or infringement of uses, fill, excavation, buildings,
permanent structures or other development into a floodway which may impede or alter the
flow capacity of a floodplain.
0. Elevated Building means anon-basement building that has its lowest elevated floor raised
above ground level by foundation walls, shear walls, post, piers, pilings or columns.
P. Elevation Certificate means the official form (FEMA 5131) used to track development
provide elevation Information necessary to ensure compliance with community floodplain
management regulations, and determine the proper insurance premium rate.
Q. Essential Facility. See "Critical Facility."
Q. Flood or "floodinz" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation of runoff of surface waters from any source.
R. Flood Insurance Rate Man (FIRM) means the official map of a community, issued by the
Federal Insurance Administration, delineating the areas of special flood hazard and/or risk
premium zones applicable to the community.
S. Flood Insurance Studv (FIST means the official report provided by the Federal Insurance
Administration evaluating flood hazards and containing flood profiles, regulatory Floodwav
boundaries, and water surface elevations.of the base flood.
T. Floodwav (Reeulatorv Floodwav) means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
U. Historic Structure means a structure that is:
1. Listed Individually in the National Register of Historic Places (a listing maintained by
the U.S. Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or to a district
preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places and determined as eligible
by states with historic preservation programs which have been approved by the
Secretary of the Interior; or,
4. Individually listed on a local inventory of historic places and determined as eligible
by communities with historic preservation programs that have been certified either:
By an approved state program as determined by the Secretary of the
Interior, or;
Directly by the Secretary of the Interior in states without approved
programs.
V. Letter of Maa Chance (LOMCI means an official FEMA determination, by letter, to amend or
revise effective Flood Insurance Rate Maps and Flood Insurance Studies. LOMCs are issued
in the following categories:
1. Letter of Mao Amendment ILOMAI means a revision based on technical data
showing that a property was inadvertently included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that a specific property or structure is not located In a special flood
hazard area;
2. letter of Mao Revision (LOMB) means revision based on technical data showing, due
to human made alterations, changes to flood zones, flood elevations, or floodplain
and tegulatory Floodway delineations. One common type of LOMB, a LOMR-F, is a
determination that a structure or parcel has been elevated by fill above the Base
Flood Elevation and is excluded from the special flood hazard area;
3. Conditional Letter of Map Revision (CLOMR) means a formal review and comment
by FEMA as to whether a proposed project complies with the minimum National
Flood Insurance Program floodplain management criteria. A CLOMR does not
amend or revise effective Flood Insurance Rate Maps, Flood Boundary and
Floodway Maps or Flood Insurance Studies, nor does a CLOMR constitute a formal
project approval by the City.
W. Lowest floor means the lowest floor. of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure (used solely for parking of vehicles, building access,
or storage) in an area other than a basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements of this chapter found at Section
8.24_250(8)(2) and (3)of this chapter.
X. Manufactured Dwelline or "Manufactured Home' means a structure, transportable in one
or more sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle."
Y New Construction means structures for which the "start of construction" commenced on or
after the effective date of the adopted flood damage prevention and hazard mitigation
requirements codified in this chapter, including subsequent substantial improvements to
the structure.
Z. Recreational Vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Not primarily designed for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use.
AA. Start of Construction means the date the development permit (which includes development,
public works, and building permits) was issued, provided the actual start of construction,
repair, reconstruction, placement or other substantial improvement was within 180 days of
the permit issuance date. The actual start of construction means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation or blocks.
Permanent construction does not include land preparation, such as clearing, grading and
filling; the installation of streets and/or walkways; excavation for a basement, footings,
piers, or foundations; the erection of temporary forms; orthe installation of the property or
accessory buildings (i.e., garages or sheds) not occupied as dwelling units or which are not
part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
AB. Structure means a walled and roofed building, manufactured dwelling, a modular or
temporary building, or liquid storage tank that is principally above ground.
AC. Substantial Damaee means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
AD. Substantial Improvement means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fiky percent of the market value of the structure either:
Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part ofthe building
commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or
Any alteration of a structure listed on the National Register of Historic
Places or the Oregon State Inventory of Historic Places.
AE. Variance means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
AF. Violation means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A Structure or otherdevelopment
without evidence of compliance, such as a FEMA Elevation Certificate, Floodproofing
Certificate or other certification, is presumed to be in violation until such time as that
documentation is provided.
AG. Water Course means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature in, on. Through, or over which water flows at least periodically.
AH. Water Dependent Use means a facility that cannot be used for its intended purpose unless it
is located or carried out in close proximity to water. The term does not include long-term
storage, manufacture, sales or service facilities. (Ord. 1767 §i(part), 1997).
AI. Water Surface Elevation means the height, in relation to a specific datum of floods of
various magnitudes and frequencies in the floodplains of riverine areas.
8.24.060 Lands to Whlch This Ordinance Applies
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Central
Point. Nothing in this ordinance is intended to allow uses or structures that are otherwise prohibited by
the zoning regulations or Specialty Codes. (Ord. 1767 §1(part); 1997).
8.24.070 Basis for Establishing the Areas of Special Flood Hazard
The Area of Special Flood Hazard identified by the Federal Emergency Management Agency in the Flood
Insurance Study (FIS) for Jackson County Oregon and Incorporated Areas, dated May 3, 2011 with
accompanying Flood Insurance Rate Maps (FIRM) and Digital Flood Insurance Rate Maps (DFIRM) are
adopted by reference and declared a part of this ordinance. The FIS and FIRM are on file at Central
Point City Hall located at 140 South 3'" Street, Central Point, Oregon.
The local administrator or his or her designee may also identify additional areas of special flood hazard
which are not identified by FEMA, but have been identified as being areas of special flood hazard due to
their proximity to named or unnamed ditches, creeks, streams, rivers, or channels; or that have been
identifed as areas of special flood hazard based on historical events or occurrences. (Ord. 1767 §1(part),
1997).
8.24.080 Coordination with the State of Oregon Building Codes Division Specialty Codes
Pursuant to the requirement established in ORS 455 that the City of Central Point administers and
enforces the State of Oregon Specialty Codes, the City Council of Central Point does hereby acknowledge
that the Specialty Codes contain certain provisions that apply to the design and construction of buildings
and structures located in Areas of Special Flood Hazard. Therefore, this ordinance is intended to be
administered and enforced in conjunction with the Specialty Codes.
8.24.090 Establishment of Ploodplain Development Permit
A. A Ploodplain Development Permit shall be required prior to initiating development activities in any
Special Flood Hazard Area as established in Section 8.24.070. The permit shall be for all improvements
or structures (including manufactured homes and fences, as set forth in Section 8.24.050 and 8.24.250
and 8.24.260 of this chapter), and for all development including fill and other activities, also as set forth
in Section 8.24.260 of this chapter. (Ord. 1767 §1(part), 1997).
B. Any Ploodplain Development Permit that requires engineering analysis, calculations or modeling
to establish a base flood elevation or regulatory Floodway, orto demonstrate no increase to base flood
elevation in an established regulatory Floodway shall be considered a land use action requiring an
opportunity for aquasi-judicial land use hearing pursuant to LUBA decision No 2009-007 and ORS
197.763.
8.24.100 I nterpretation
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under federal, state, or local laws,
ordinances, rules, or statutes and rules including the state building code. (Ord. 1767 §7(part),
1997).
8.24.110 Warning and Disclaimer of Liability
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of the city, any
officer or employee thereof, or FEMA, for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made under this chapter. (Ord. 1767 §1(part), 1997).
8.24.120 Designation of the Local Floodplain Administrator
The City Administrator or his/her designee is hereby appointed as the Floodplain Administrator who is
responsible for administering and implementing the provisions of this ordinance. (Ord. 1767 §1(part),
1997).
8.24.130 Duties and Responsibilities ofthe Floodplain Administrator
Duties of the Floodplain Administrator shall include, but not be limited to the following:
A. Review all proposed development to determine whether it will be located in Areas of Special
Flood Hazard or other flood-prone areas;
B. Review applications for new development or modifications of any existing development
located in Areas of Special Flood Hazard for compliance with the requirements of this
ordinance;
C. Interpret flood hazard area boundaries, provide available flood hazard information, and
provide base flood elevations, where they exist;
D. Review proposed development to assure that necessary permits have been received from
governmental agencies from which approval is required by Federal or state law. Copies of
such permits shall be maintained on file;
E. Review all development permit applications to determine if the proposed development is
located in the regulatory Floodway, and if so, ensure that the encroachment standards of
Section 8.24.200 are met;
F. When Base Flood Elevation data or Floodway data have not been established pursuant to
Section 8.24.070, then the Floodplain Administrator shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from a Federal, state or other
authoritative source in order to administer the provisions of this ordinance;
G. When Base Flood Elevations or other engineering data are not available from an
authoritative source, the Floodplain Administrator shall require Base Flood Elevations to be
developed in accordance with Section 8.24.160(D) or take into account the flood hazards, to
the extent they are known, to determine whether a proposed building site or subdivision
will be reasonably safe from flooding;"
H. Where a determination is needed of the exact location of boundaries of the Areas of Special
Flood Hazard, such as when there appears to be a conflict between a mapped boundary and
actual field conditions, the Floodplain Administrator shall make the interpretation. Any
person contesting the location of the boundary may appeal the determination subject to the
process identified in Section 8.24.300;
I. Issue floodplain development permits when the provisions of this ordinance have been met,
or deny thessme in the event of noncompliance;
1. Coordinate with the Building Official to assure that applications for building permits comply
with the requirements of this ordinance;
K. Obtain, verify and record the actual elevation in relation to the vertical datum used on the
effective FIRM, or highest adjacent grade where no BFE is available, of the lowest floortevel,
including basement, of all new construction or substantially improved buildings and
structures;
L. Obtain, verify and record the actual elevation, in relation to the vertical datum used on the
effective FIRM, or highest adjacent grade where no BFE is available, to which any new or
substantially improved buildings or structures have been flood-proofed. When flood-
proofing is utilized for a structure, the Floodplain Administrator shall obtain certification of
design criteria from a registered professional engineer or architect;
M. Ensure that all records pertaining to the provisions of this ordinance are permanently
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 being performed in compliance with this ordinance, and to verify that existing
buildings and structures maintain compliance with this ordinance;
O. Coordinate with the Building Official to inspect areas where buildings and structures in
Areas of Special Flood Hazard have been damaged, regardless of the cause of damage, and
notify owners that permits may be required prior to repair, rehabilitation, demolition,
relocation, or reconstruction of the building or structure; and,
P. Make Substantialimprovement or Substantial Damage determinations for all structures
located in Areas of Special Flood Hazard.
~ 44 CFR Pmt 65.2 defines "reasonably safe from flooding" as base flood waters will not inundate the land or
damage struclures...and that any subsurface waters related to the base flood will not damage existing m' proposed
buildings.
' Note: Oregon Residential Specialty Code R324. L3 authorizes the building official to require the applicant to
determine a base flood elevation where none exists.
8.24.140 Permit Procedures
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on
forms furnished by the Administrator or the Administrator's designee prior to starting development
activities. Specifically, the following information is required:
A. Application Staee
1. Plans in duplicate drawn to scale with elevations of the project area and the nature,
location, dimensions of existing and proposed structures, earthen fill placement,
storage of materials or equipment and drainage facilities';
2. Delineation of Areas of Special Flood Hazard, regulatory Floodway boundaries
including base flood elevations, or flood depth in AO zones, where available;
3. For all proposed structures, elevation in relation to the highest adjacent grade and
the base flood elevation, orflood depth in AO zones, of the:
a. Lowest enclosed area, including crawlspace or basement floor;
b. Top otthe proposed garage slab, if any; and,
c. Next highest floor.
4. Locations and sizes of,all flood openings in any proposed building;
5. Elevation to which any non-residential structure will beflood-proofed;
6. Certification from a registered professional engineer or architect that any proposed
non-residential flood-proofed structure will meet the flood-proofing criteria of the
NFIP and Specialty Codes;
7. Description of the extent to which any watercourse will be altered or relocated as a
result of a proposed development; and,
8. Proof that application has been made for necessary permits from other
governmental agencies from which approval is required by Federal or state law.
B. Construction Staee
1. For all new construction and substantial improvements, the permit holder shall
provide to the Floodplain Administrator an as-built certification of the floor
elevation orflood-proofing level immediately after the lowest floor orflood-
proofing isplaced and prior to further vertical construction.
2. Any deficiencies identified by the Floodplain Administrator shall be corrected by the
permit holder immediately and prior to work proceeding. Failure to submit
certification or failure to make the corrections shall be cause for the Floodplain
Administrator toissue astop-work order for the project.
Oregon Residential Specialty Code R106.5 requires one set to be retained and the second to be returned
to the applicant. A third copy shall be provided for the Floodplain Administrator for review and record
keeping purposes.
C. Certificate of OCCUpanCV
1. In addition to the requirements of the building codes pertaining to certificate of
occupancy, prior to the final inspection the owner or authorized agent shall submit
the following documentation that has been prepared and sealed by a registered
surveyor or engineer for review, and approval by the Floodplain Administrator:
a. For elevated buildings and structures in Areas of Special Flood Hazard (A
zones), a completed FEMA Elevation Certificate (FEMA Form 8131) that
includes the as-built elevation of the lowest floor, including basement or
where no base flood elevation is available the height above highest adjacent
grade of the lowest floor,
For buildings and structures that have been floodproofed, a FEMA
Floodproofing Certificate that includes the elevation to which the building
or structure was floodproofed.
Failure to submit certification or failure to correct violations shall be cause for the
Floodplain Administrator to withhold a certificate of occupancy until such
deficiencies are corrected.
D. ~ Expiration of Floodplain Development Permit
A floodplain development permit shall expire 180 days after issuance unless the
permitted activity has been substantially begun and thereafter is pursued to
completion.
Commencement of work includes start of construction, when the permitted work
requires a building permit.
8.24.150 Substantial Damage and Substantial Improvement Determinatlon
For applications for permits to improve buildings and structures, including additions, repairs,
renovations, and alterations, the Floodplain Administrator, shall:
A. Estimate the market value, or require the applicant to obtain a professional appraisal of the
market value, of the building or structure before the proposed work isperformed. When
repair of damage is proposed, the market value of the building or structure shall be the
market value before the damage occurred;
B. Compare the cost of improvement, the cost to repair the damaged building to its pre-
damaged condition, or the combined costs of improvements and repairs, if applicable, to
the market value of the building or structure;
Except as indicated in subsections (2) and (8) below, all costs to repair substantial
damage, including emergency repairs, and the cost of complying with any county,
state, or federal regulation, must be included;
The costs associated with the correction ofpre-existing violations of state or local
health, sanitary, or safety code specifications that were identified bythe-building
official, the director of environmental health, or any other local code enforcement
official prior to the improvement or repair, and that are the minimum necessary to
ensure safe living conditions, shall not be included;
3. Costs associated with the following items are not included:
a. The preparation and approval of all required plans, calculations,
certifications, and specifcations;
b. The performance of surveys or other geotechnical or engineering studies
and resulting reports;
c. Permit and review fees, and;
d. The construction, demolition, repair, or modification of outdoor
improvements, including landscaping, fences, swimming pools, detached
garages and sheds, etc.;
4. Proposed alterations to a designated historic Building or structure are not to be
considered a substantial improvement unless the alteration causes a loss of said
designation.
C. The Floodplain Administrator shall make the final determination of whether the proposed
improvement and/or repairs constitute a substantial improvement or substantial damage.
D. The Floodplain Administrator shall notify the applicant of the results ofthe determination by
letter.
The applicant has the right to appeal the determination pursuant to Section 8.24.300.
8.24.160 Watercourse Alterations
A. Development shall not diminish the flood carrying capacity of a watercourse. If any
watercourse will be altered or relocated as a result of the proposed development, the
applicant must submit certification from a registered professional engineer that the flood
carrying rapacity will not be diminished.
B. Applicant will be responsible for obtaining all necessary permits from governmental
agencies from which approval is required by Federal or state law, including but not limited
to section 404 of the Federal Water Pollution Control Act Amendments of 1972; 33 U.S.C.
1334, the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; and State of Oregon
Division of State Lands regulations.
C. If the altered or relocated watercourse is part of an Area of Special Flood Hazard, the
applicant shall notify adjacent communities and Oregon Department of Land Conservation
and Development prior to any alteration or relocation of the watercourse. Evidence of
notification must be submitted to the Floodplain Administrator and to the federal
Emergency Management Agency as set forth in Section 8.24.170.
D. .The applicant shall be responsible for ensuring necessary maintenance for the altered or
relocated portion of the watercourse, so that flood carrying capacity will not be diminished.
8.24.170 Requirement to Submit New Technical Data
A. Within six months of project completion, an applicant who obtains an approved Conditional
Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA),
or whose development alters a watercourse, modifies floodplain boundaries or Base Flood
Elevations shall obtain from FEMA a Letter of Map Revision (LOMR) reflecting the as-built
changes to the FIRM.
B. It is the responsibility of the applicant to have technical data prepared in a format required
for a Conditional Letter of Map Revision or Letter of Map Revision and to submit such data
to FEMA on the appropriate application forms. Submittal and processing fees for these map
revisions shall be the responsibility of the applicant.
C. Applicants shall be responsible for all costs associated with obtaining a Conditional Letter of
Map Revision or Letter of Map Revision from FEMA.
D. The Floodplain Administrator shall be under no obligation to sign the Community
Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant
demonstrates that the project will or has met all applicable requirements of this ordinance.
8.24.180 Non-Conversion of Enclosed Areas below the Lowest Floor
To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human habitation, the Floodplain
Administrator shall:
A. Determine which applications for new construction and/or substantial improvements have
fully enclosed areas below the lowest floor that are 5-feet or higher;
B. Enter into a "Non-Conversion Deed Declaration for Construction within Flood Hazard Areas'
or equivalent with the City of Central Point. The deed declaration shall be recorded with the
City of Central Point. The deed declaration shall be in a form acceptable to the Floodplain
Administrator and City Council.
8.24.190 Site Improvements and Subdivisions
A. All proposed new development and subdivisions shall be consistent with the need to
minimize flood damage and ensure that building sites will be reasonably safe from flooding.
The test of reasonableness is a local judgment and shall be based on historical data, high
water marks, photographs of past flooding, etc.
e. Building lots shall have adequate buildable area outside of the regulatory Floodway.
C. New development proposals and subdivision development plans shall include the mapped
flood hazard zones from the effective FIRM, including the regulatory Floodway, if available.
D. Where Base Flood Elevation data has not been provided or is not available from another
authorized source, it shall be generated for subdivision proposals and other proposed
developments, which contain at least fifty lots or five acres (whichever is less).
E. New development and subdivisions shall have public utilities and facilities such as sewer, gas
electric and water systems located and constructed to minimize flood damage.
F. Onsite waste disposal systems shall be located and constructed to avoid functional
impairment, or contamination from them, during flooding.
G. Subdivisions and manufactured home parks shall have adequate drainage provided to
reduce exposure to flood hazards as provided in Section 8.24.240. In AO and AH zones,
drainage paths shall be provided to guide floodwater around and away from all proposed
and existing structures.
8.24.200 Development in Regulatory Floodways
Located within Areas of Special Flood Hazard established in Section 8.24.070 of this chapter are areas
designated as regulatory Floodways. Since the Floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles, and erosion potential, development will
not normally be allowed within the Floodway. However, if development is allowed within the Floodway
bythe Floodplain Administrator or the Administrator's designee, the following provisions will apply:
A. Except as provided in Section 8.24.200(F) and (G), encroachments, including fill, new
construction substantial improvements and other development are prohibited unless
certification by a registered professional civil engineer is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that such encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
B. Any fill allowed to be placed in the Floodway shall be designed to be stable under conditions
of flooding, including rapid rise and rapid drawdown of floodwaters, prolonged inundation,
and flood related erosion and scour.
C. Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before an
encroachment, including fill, new construction, substantial improvement and other
development in the floodway is permitted that will cause any increase in the base flood
elevation.
D. Mobile Homes. No mobile home shall be placed in a floodway except in an existing mobile
home park or an existing mobile home-subdivision, as conditionally approved by the local
administrator orhis/her designee, in consideration of the conditions of Section 8.24.250(6).
(Ord. 1768 §l, 1997; Ord. 1767 41(part), 1997).
E. fences and Walls. Fences are prohibited in the regulatory floodway as provided in Section
17.67.030(A) and Section 8.24.260(A)(1).
F. Temporary encroachments in the regulatory Floodway for the purposes of capital
improvement projects, including bridges, may be allowed even ifthe encroachment results
in an increase in flood levels during the occurrence of the base flood discharge, and without
obtaining a CLOMR, when:
1. The project is limited as to duration with the days and dates that the structure or
other development will be in the regulatory Floodway specifed in the development
permit;
2. Accessory structures (i.e. construction trailers) are restricted from the regulatory
Floodway;
3. The project limits placement of equipment and material in the regulatory Floodway
to that which is absolutely necessary for the purposes of the project. Justification
that demonstrates compliance with this requirement will be documented by the
applicant in the required floodplain development permit application submittal
documentation;
4. The applicant identifies any insurable structures affected by temporary changes to
the Area of Special Flood Hazard or Base Flood Elevation and notifies owners of any
increased risk of flooding;
5. The project applicant is provided with written notification that they may be liable
for any flood damages resulting from the temporary encroachment.
Projects for stream habitat restoration may be permitted in the floodway provided:
1. The project qualifies for a Department of the Army, Portland District Regional
General Permit for Stream Habitat Restoration (NWP-2007-1023); and,
2. A qualified professional (a Registered Professional Engineer; or staff of NRCS; the
county; or fisheries, natural resources or water resources agencies) has provided a
feasibility analysis and certification that the project was designed to keep any rise in
100-year flood levels as close to zero as practically possible given the goals of the
project; and,
3. No struttu res would be impacted by a potential rise in flood elevation; and,
4. An agreement to monitor the project, correct problems and ensure that flood
carrying capacity remains unchanged is included as part of the local approval.
8.24.210 Development in Zones with Base Flood Elevations but No Floodway
A. In areas within Zones Al-30 and AE on the community's FIRM with a base flood elevation, or
where a base flood elevation is developed according to Section 8.24.190(D), but where no
regulatory floodway has been designated, new construction, substantial improvements, or
other development (including fill) shall be prohibited, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
Applicants of proposed projects that increase the base flood elevation more than one foot
shall obtain from FEMA a Conditional Letter of Map Revision (CLOMR) before the project
may be permitted.
8.24.220 Development in Zones Without Base Flood Elevations
The following standards apply in riverine areas of special flood hazard where no base flood elevation
data have been provided (approximate A Zones):
A. When base flood elevation or floodway data have not been identified by FEMA in a Flood
Insurance Study and /or Flood Insurance Rate Maps, the Floodplain Administrator shall
obtain, review, and reasonably utilize scientific or historic base flood elevation and floodway
data available from a federal, state, or other source, in order to administer this ordinance. If
base flood elevations are not available, subsection (C) below shall apply.
B. Where the floodplain administrator has obtained base flood elevation data, Sections
8.24.250 and 8.24.260 shall apply.
C. In special flood hazard areas without base flood elevation data,
1. No encroachments, including structures or fill, shall be located in an Area of Special
flood Hazard within an area equal to the width of the stream or fifty feet, whichever
is greater, measured from the ordinary high water mark, unless a base flood
elevation is developed by a licensed professional engineer, or,
2. The lowest floor of any insurable building or structure, including manufactured
dwellings, shall be elevated a minimum of three (3) feet above highest adjacent
grade.
5.24.230 Stream Setback Requirements
Stream setbacks mitigate future flood losses by providing flood storage, enhancing channel stability, and
by buffering structures and other development from migrating stream channels. In addition, the stream
setback establishes riparian buffer areas provide opportunities for natural stormwater treatment,
increased habitat opportunities for fish and wildlife species, and increased opportunities for recreation
and wildlife viewing. The stream setback shall apply to all streams in all Central Point zoning districts,
provided that the setback does not apply to the Jackson Creek Overbank regulatory Floodway
delineated on the effective Flood Insurance Rate Map, in accordance with the provisions provided in
Section 17.60.090.
8.24.240 Drainage Provisions
Adequate drainage paths shall be provided around structures on slopes to guide flood waters around
and away from proposed and existing structures, subject to the following criteria:
A. To the greatest extent possible, surface water runoff should be treated on-site using low
impact development practices, such as rain gardens; and,
B. Surface water runoff that is not treated onsite using low impact development practices shall
drain to an approved storm drain facility as provided in the Public Works Standard
Specifications.
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8.24.250 Floodplain Development Standards for Construction
A. Anchorine
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-
the-top or frame ties to ground anchors (refer to FEMA's "Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques and details.
B. Construction Materials and Methods
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
Refer to FEMA Technical Bulletin 02-08 for more information about the FEMA Flood
Resistant Materials Requirement.
C. Utilities
1. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to mitigate or
eliminate infiltration of flood waters into the systems and discharge from the
systems into tlood~waters.
3. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding consistent with the Oregon Department
of Environmental Quality.
4. Storm drain systems shall be designed to adequately and completely drain all flood
waters, when the flood levels diminish at the point of discharge. Discharge ends of
storm drain systems shall be equipped with suitable devices which prevent the
D. Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
area of special flood hazard. Construction of new critical facilities shall be permissible within the
area of special flood hazard if no feasible alternative site is available. Critical facilities constructed
within the areas of special flood hazard shall have the lowest floor elevated three feet above BFE (or
depth number in AO zones) or to the height of the 0.2 percent (500-year) flood, whichever is higher.
Access to and from the critical facility should also be protected to the height utilized above.
Floodproofng and sealing measures must be taken to ensure that toxic substances or priority
organic pollutants as defined by the Oregon Department of Environmental Quality will not be
displaced by or released into floodwaters. Access routes elevated to or above the level of the base
flood elevation shall be provided to all critical facilities to the extent possible.
E. Residential Construction
1. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot above the base flood
elevation or base depth; or, if no base depth is specified in an area of shallow flooding
(Flood Zones AO and AH), shall be elevated at least 2-feet above grade.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of flood waters. Designs for meeting this
requirement must be either certified by an Oregon registered professional engineer or
architect and must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided in
accordance with the following additional requirements:
i. Opening area must be located below the base flood elevation to satisfy this
requirement; and,
ii. Openings must be at least 3-inches wide. This requirement applies to the
hole in the wall, excluding any device that may be inserted such as a typical
foundation air vent device, mesh screens and hardware cloth.
iii. The bottom of all openings shall be no higher than 12-inches above grade.
iv. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of flood
waters.
3. Below-grade crawlspace foundations are allowed where Base flood Elevation data
are available, provided that they conform to guidelines provided in FEMA Technical
Bulletin 11-O1, crawlspace Construction for Structures Located in Special Flood
Hazard Areas, building codes and below-grade crawlspace provisions established in
Section 8.24.250(K).
F. Nonresidential construction
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall either have the lowest floor, including basement, elevated at least
one foot above the base flood elevation or base depth; or, if no base depth is specified in an area
of shallow flooding, shall be elevated at least 2-feet above grade; and together with attendant
utility and sanitary facilities, shall:
1. Be floodproofed so that structures below one foot above base flood level, as
specified above, are watertight with walls impermeable to the passage of water°;
2. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
3. Be certified by an Oregon registered professional engineer or architect that the
design and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications, and plans. Such written
certifications shall be provided to the floodplain Administrator or his/her designee
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 Section
8.24.250(E)(2) and (3).
Refer to FEMA Technical Bulletin 3 for more detailed information about non-residential
floodproofing methods and guidance.
G. Manufactured Dwellin¢s
In addition to Paragraphs A and B of this Section, new, replacement and substantially improved
manufactured dwellings are subject to the following standards:
1. Manufactured dwellings shall be elevated on a permanent foundation, such that the
lowest floor of the manufactured home is elevated a minimum of 18-inches above
the Base Flood Elevation
2. Manufactured dwellings supported on solid foundation walls with enclosed areas
below the Base Flood Elevation are prohibited unless the foundation walls are
designed to automatically equalize hydrostatic forces by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must be certified by a
registered professional engineer or architect, or meet or exceed the minimum
criteria set forth in Section 8.24.250(E)(2)(a)thro~gh (c).
3. The bottom of the longitudinal chassis frame beam in A zones shall be at least 12-
inchesabove the Base Flood Elevation.
4. The manufactured dwelling shall be anchored to prevent flotation, collapse and
lateral movement during the base flood. Anchoring methods may include, but are
not limited to, use of over-the-top or frame ties to ground anchors; and,
5. Electrical crossover connections shall be a minimum of 12-inches above the Base
Flood Elevation.
Refer to FEMA's Manufactured Home Installation in Flood Hazard Areas guidebook for additional
information.
H. Recreational Vehicles
" An applicant wlto Floodproofs nonresidential buildings will have flood insurance premiums which are
based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base
flood level elevation will be rated as one foot below the base flood elevation). -
In all areas of Special Flood Hazard, Recreational Vehicles that are an allowed use or structure
under the zoning ordinance must either:
1. Be placed on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; is on its wheels or jacking system; is
attached to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
2. Meet the requirements of Section 8.24.250(6), Manufactured Dwellings, and
including the elevation and anchoring requirements. (Ord. 1767 §1(part), 1997).
Accessorv Structures
Relief from the elevation or dry flood-proofing standards maybe granted for an accessory
structure containing no more than 200 square feet. Such a structure must meet the following
standards:
1. Be located and constructed to minimize flood damage;
2. Be designed so as to not impede flow of flood waters under base flood conditions;
3. If located in a regulatory Floodway, shall meet the provisions set forth in Section
8.24.200.
4. It shall not be used for human habitation and may be used solely for parking of
vehicles or storage of items having low damage potential when submerged;
4. Toxic material, oil or gasoline, or any priority persistent pollutant identified by the
Oregon Department of Environmental Quality shall not be stored below BFE, or
where no BFE is available lower thanthree feet above grade, unless confined in a
tank installed in compliance with this ordinance;
5. Be constructed of flood resistant materials;
7. Be firmly anchored to prevent flotation;
8. Have electrical service and/or mechanical equipment elevated orflood-proofed to
or above the base flood elevation, and;
9. Be designed to equalize hydrostatic flood forces on exterior walls by allowing for the
automatic entry and exit of floodwater. Designs for complying with this requirement
must be certified by a licensed professional engineer or architect or meet the
minimum design criteria set forth in Section 8.24.250(E)(2)(a) through (c).
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#1. Below Grade Orawlsoaces
Below-grade crawlspaces are allowed subject to the following standards as found in FEMA
Technical Bulletin 11, crawlspace Construction for Buildings Located in Special Flood Hazard
Areas. Residents should note that there is an increased cost for flood insurance associated
with below-grade crawlspaces. There is a charge added to the basic policy premium for a
below-grade crawlspace versus a standard, at grade, crawlspace foundation.
1. The building must be designed and adequately anchored to resist flotation, collapse,
and lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy. Hydrostatic loads and the effects of
buoyancy can usually be addressed through the required openings stated in
Sections 8.24.250 (E)(2). Because of hydrodynamic loads, crawlspace construction is
not allowed in areas with flood velocities greater than five (5) feet per second unless
the design is reviewed by a qualified design professional, such as a registered
architect or professional engineer. Other 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 have openings that equalize hydrostatic pressures by allowing the
automatic entry and exit of floodwaters. The bottom of each flood vent opening
can be no more than one (1) foot above the lowest adjacent exterior grade.
3. Portions of the building below the BFE must be constructed with materials resistant
to flood damage. This includes not only the foundation walls of the crawlspace used
to elevate the building, but also any joists, insulation, or other materials that extend
below the BFE. The recommended construction practice is to elevate the bottom of
joists and all insulation above BFE.
4. Any building utility systems within the crawlspace must be elevated above BFE or
designed so that floodwaters cannot enter or accumulate within the system
components during flood conditions. Ductwork, in particular must either be placed
above the BFE or sealed from floodwaters.
5. The interior grade of a crawlspace below the BFE must not be more than two (2)
feet below the lowest adjacent exterior grade.
6. The height of the below-grade crawlspace, measured from the interior grade of the
crawlspace to the top of the crawlspace foundation wall must not exceed four (4)
feet at any point. The height limitation is the maximum allowable unsupported wall
height according to the engineering analyses and building code requirements for
flood hazard areas.
DIAGRAM I. REQUIREMENTS REGA ROING BELOW-GRAaE
7. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawispace. The enclosed area should be drained within a
reasonable time after a flood event. The type of drainage system will vary because
of the site gradient and other drainage characteristics, such as soil types. Possible
options include natural drainage through porous, well-drained soils and drainage
systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage
by gravity or mechanical means.
8. The velocity of floodwaters at the site should not exceed five (6) feet per second for
any crawlspace. For velocities in excess of five (5) feet per second, other foundation
types should be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
8.24.260 Other Development Standards
A. Fences and Walls
Fencing within the floodplain occurs frequently and can significantly increase flood
elevation. This is due to the fences collecting debris and effectively creating a dam. Limited
fencing will be allowed within the floodplain; provided, that it does not create flow
restrictions and allow for the free flow of water. The following provisions shall apply to all
fences permitted in the SFHA:
1. Fences are prohibited within the stream setback area on lots platted after the
effective date of this ordinance. Fences may be permitted in the stream setback
area established pursuant to Section 17.60.090 on lots platted prior to the effective
date of this ordinance provided that requirements provided below are satisfied:
a. Fences in the regulatory Floodway are prohibited;
b. Fences are setback a minimum of 5-feet from the top-of-bank;
c. Gates that are installed between properties that borders creek shall be of a
width no less than twelve feet.
d. Fencing must be built in removable sections;
ee. Fencing that consists of solid walls, creates a barrier impervious to stream
flow or fencing that greatly restricts the flow of water is prohibited.
df. Gates installed between properties that border a creek shall have a
minimum width of 12-feet.
ge. Such fences, if significantly damaged or destroyed by a flood shall require a
floodplain development permit pursuant to Section 8.24.130 to ensure that
reconstruction methods are consistent with the need to minimize future
flood damages.
23. Fences are a form of development and require a floodplain development permit
pursuant to Section 8.24.090. Evaluation of floodplain development permit
applications for proposed fences will be based on the following criteria:
a:---t~;,;Gtha, ~safseFd-w~a4lt.,rc-reates-abartietiaapewieuc •^,~.^
#lev -~--~ ;g •'~~ •~^- ,.i . ^. wil~net~e
allewed---i-hese-i^,.~.d~,,,^ ~-^_se~ary,~wallT °-eta;a;ag~.a„y-ehain.link-teaeing-
spaee~ .~d=,~pe~^na:,;s^"'~."eab'"-~.,a«"~~~selid-waFfeitker
tvy-desig+*e..~~.. _... ..fir a,.r..:..
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be-eesirieted~te-the-least#lew-r=_r=---•:. ^', ~ ^: e~epea-feweireg-#ha#-aKews
tke-passageef-vdater.
ea. Barbed wire fencing or other like material, which creates an unreasonable
or unnecessary risk of injury are prohibited.
b._ Fences shall not be allowed within the special stream setback set forth in
Section 8.24.230 and Section 17.60.090 unless the requirements provided i_n_
Chanter 8.24.260 A)(1) are satisified.
c,___ Fencir~ shall be limited to the types that do not ready restrict the oassaee
of water or cause the accumulation of debris. as provided in th_e_table
below.
Fence or Floodwav Fries Reeulator,~Floodwav Shallow/Sheetflovv~POndine °
Wall
TVpe Zones
A No No No
B Yes No Yes
C Desi¢n review required'
D Yes if open at base to No Yes. if open at base to BFE
- _ Formatted Table
BFE
E Ye} if open at base to No Yes. if open.at base to BFE
BFE
F Yes, if adequate No Yes if adequate ooeninzs at
openings at base to BFE - base to BFE
G Yes. if adeauate .No Yes,_if aadeguate ooenines at
openinzs at base to BFE base to BFE
H Yes. if adeauate No Yes, if adequate openines at
openin8s at base to BFE base to BFE
TABLE 1- FEN[E EVALUATION C0.1TER10.
' Ensure Fence will coliaose under anticipated base flood co editions. Debris impacts must be considered
Fence/Wall Tvoes:
A Ooen barb or barbless w re O en means no o e than o e ho ~zontal strand per foot of h 'eht
e Open pine or rail fencine L.R. corralsl. Open means rails occgpyless than 10% of the fence area and
posts are spaced no closer than 8-feet apart.
C Collapsible fencing
D_ Other wire pipe or rail fencine le ¢ field fence cbcken w re etc 1 Kch does not meet open
requirements above.
E _ Chain link fencine
F Continuous wood fencine
G Masonry walls
H Retainine walls bulkheads
43. 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 value of the fence.
If removal is not accomplished by the owner within thirty days after city's written
request thereof, city may affect removal and disposal,'and assess the property for
" the costs thereof in the same manner as set forth in Section 8.08.030 of this code.
34. If existing circumstances make it reasonably necessary for city to remove a fence in
the stream setback area without giving the property owner advance notice and an
opportunity to remove the fence, city may affect removal and disposal, and assess
the property for the costs thereof in the same manner as set forth in Section
8.08_030 of this code, the same as if the property owner had failed to remove the
fence after due notice.
65. The city shall not, under any circumstances, be responsible for any damage resulting
from city's removal of any fence placed in the stream setback area, whether such
damage is to a fence, landscaping, underground sprinklers, any building or structure,
loss of a pet, damage caused by a loose pet, or any other damage whatsoever,
including personal injury. (Ord. 1846 §2(part), 2003).
B. Tanks
New and replacement tanks in flood hazard areas shall be either elevated above the
Base Flood Elevation on a supporting structure designed to prevent flotation,
collapse or lateral movement during conditions of the base flood, or be anchored to
prevent flotation, collapse or lateral movement resulting from hydrostatic loads,
including the effects of buoyancy assuming the tank is empty, during conditions of
the base flood. Designs for meeting the requirements above shall be certified by a
registered professional engineer. The certification shall be maintained on file with
the floodplain development permit as provided in Section 8.24.130(M).
New and replacement tank inlets, fill openings, outlets and vents shall be placed a
minimum of 2 feet above the Base Flood Elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tank during
conditions of the base flood.
8.24.270 Variance
A. An application for a variance must be submitted to the City of Central Point Floodplain
Administrator on the form provided by the City and include at a minimum the same
information required for a development permit and an explanation for the basis forthe
variance request.
B. The burden to show that the variance is warranted and meets the criteria set out herein is
on the applicant.
C. Upon consideration of the criteria in Section 8.24.280 (Criteria for Variances) and the
purpose of this ordinance, the City Council may attach such conditions to granting of
variances as it deems necessary to further the purposes of this ordinance.
D. The Floodplain Administrator shall maintain a permanent record of all variances and report
any variances to the Federal Emergency Management Agency upon request.
8.24.280 Criteria for Variances
A. Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
B. Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot of one-
half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a-j) in Section 8.24.280(1) have
been fully considered. As the lot size increases the technical justification required for
issuing the variance increases.
C. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon a:
Showing of good and sufficient cause;
Determination that failure to grant the variance would result in exceptional hardship
to the applicant, and;
Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization ofthe public as identified in Section 4.1-
4(4), or conflict with existing local laws or ordinances.
E. Variances may be issued for a water dependent use provided that the
Criteria Section 8.24.270(A) through (D) are met, and;
The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
F. Variances maybe issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the Statewide Inventory of Historic
Properties, without regard to the procedures set forth in this section.
G. Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece or property; they are not personal
in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
H. Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight ordry-floodproofing, where it can be
determined that such action will have low damage potential, complies with all other
variance criteria and otherwise complies with building codes.
I. In passing upon such applications, the City Council shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this ordinance, and the:
1. Danger that materials maybe swept onto other lands to the injury of others;
2. Danger to life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility ofawaterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
9. Safety of access to the property in times of flood for ordinary and emergency
vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and,
11. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
8.24.290 Variance Decision
The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such
approval and denial. If the variance is granted, the property owner shall be put on notice along with the
written decision that the permitted building will have its lowest floor below the base flood elevation and
that the cost of flood insurance likely will be commensurate with the increased flood damage risk.
8.24.300 Appeals
The City Council shall hear and decide appeals from the interpretations ofthe Administrator.
A. An appeal must be tiled with the City clerk within 30 days of the date of any permit denial or
interpretation of the Administrator. Failure to timely file an appeal shall be Considered a
failure to exhaust the administrative remedies. The appeal must set out the interpretation
or decision of the Floodplain Administrator and a narrative setting forth the facts relied
upon by the appellant and the appellants claim regarding the error in the interpretation or
decision.
B. Upon receipt of a completed appeal, the appeal will be scheduled for the next available City
Council meeting to be heard. The City Council shall consider criteria set forth in Sectign
8.24.280 of this Chapter as the basis for evaluating the appeal.
8.24.310 Decision
The City Council's decision on an appeal shall be in writing and set out the facts, technical information
and the legal basis for the decision.
8.24.320 Penalties for Violation
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full
compliance with the terms of this chapter and other applicable regulations. Violations of the provisions
of this ordinance by failure to comply with any of its requirements (including violations ofconditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Each and every
day during any portion of which any violation this Chapter is committed, continued or permitted by any
person constitutes a separate violation. Any person who violates 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 days, or both, for each violation and in addition shall pay all costs and expenses
involved in the case. Each day that passes constitutes a separate offense. Nothing contained in this
chapter shall prevent city from taking such other lawful action as is necessary to prevent or remedy any
violation. (Ord. 1767 41(part), 1997).
8.24.340 Severability
The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared
invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and
effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial
invalidity.
8.24.350 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed
restrictions. However, where~this chapter and another ordinance, state building code, easement,
covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail, (Ord. 1767 §1(part), 1997).
Chapter 1`'.5`7
~E~~~S
Sections:
17.5 7.010 Chapter application.
1_1.57_020 General regulations.
17.57.030 Fences in the stream setback area.
17.57.040 Prohibited fence types.
17.57.050 Violation--Penalty.
17.57.010 Chapter application.
This chapter will apply to all zone classifications within the city as listed in this title. Al] of the
provisions of Chapter 12_20 and Chapter 17.67 relating to the location, placement, and height of
fences are also applicable to fences affected by this chapter. (Ord. 1846 §2(part), 2003).
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a public right-of-
way, per Section 12.20.020. Fences in the floodplain are regulated in accordance with the
provisions established in Section 8.24.1-8260(A~I) of the municipal code.
B. Building Permits. A building permit for the following structures shall be accompanied by a
permit fee and a plan review fee in an amount based on valuation per the building department fee
schedule as adopted by the city:
1. Barriers around swimming pools, as required by the 2003 State of Oregon Dwelling
Specialty Code, Chapter 41 and Appendix G; and the 1998 Oregon Structural Specialty
Code, Appendix Chapter 4;
2. Fences over six feet tall;
3. Masonry walls;
4. Retaining walls over four feet in height measured from the bottom of the footing to the top
of the wall; and
5. Retaining walls, any height, supporting a surcharge.
C. Setbacks and Design Criteria.
Fence Regulations
R-L R-1 R-2 R-3 C-N C-2(M) C-4 C-5 M-1 M-2
Fence Permit a, a, a, a, a, a, a, a, a, a,
Required a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1
Front Yard 20' 20' 20' 20' 20' 20' 20' 20' 20' 20'
Setback For 6' b b b b b b b b b b
Fence
Side Yard
Setback 5' S' S' S' S' S' S' S' S' S'
Rear Yard
Setback 0' 0' 0' 0' 0' 0' 0' 0' 0' 0'
10' 10' 10' 10' 10' 10' 10' 10' 10' 10'
Corner Lot
c c c c c c c c c c
Masonry Walls,
Retaining Walls,
Fences Over 6' e 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
Fencing, etc.
Setbacks for 20' 20' 20' 20' 20' 20' 20' 20' 20' 20'
Gates
Variances f f f f f f f f f f
a: A fence permit is required if fence is to be constructed in public right-of--way.
a-1: A building permit is required for fencing around swimming pools, fences over six
feet in height, masonry walls and retaining walls.
*b: Forty-two-inch-high maximum fences allowed within fi•ont setback area.
*c: No fencing will conflict with the sight distance requirements set by the public works
department.
*d: Fence height will be measured from the finished grade on the side nearest the street.
e: Requests for variances shall be made by application on such form as designated by the
city administrator and will be reviewed in accordance with Chapter 17.05.
(Ord. 1846 §2(part), 2003).
17.57.030 Fences in the stream setback area.
~-Fences are prohibited inside a-flsedwa}Lasfloodways designated on the Federal Insurance
Rate Maps (FIRMS) for the city of Central Point. However, some types offences and other
improvements can be allowed within the recommended building setbacks for properties abutting
g ~..~ * "~° r-slle~~i~i-g-eaiteriasubiect to the criteria set forth in Section
a stream as en -a i~n~,~.-,
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17.57.040 Prohibited fence types.
A. Barbed wire fencing or other like material, which creates an unreasonable or unnecessary risk
of injury.
B. Block or retaining walls, which create impervious water barriers within a stream setback area
a~rovided in Section 8.24.260. (Ord. 1846 §2(part), 2003).
17.57.050 Violation--Penalty.
Any person violating any provision of this chapter will, upon conviction thereof, be subject to
the general penalty. Upon discovering any violation of the restrictions imposed by this chapter,
except a violation of Section 12.20.020, it will be the duty of the city administrator, or his
designee, to give written notice of the violation to the person in possession and control of the
premises on which the offending fence exists or is being constructed, with a demand that the
same be forthwith made to conform to this chapter. Upon receipt of such notice, the person
responsible for the structure will be deemed to be guilty of a separate offense for each day during
which the fence is thereafter permitted to exist in violation for the restrictions of this chapter.
(Ord. 1846 §2(part), 2003).
Y5 X 1 A"A~s9~BdI~B'm~ a6-_~ $fl
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
File No.: 11013
Before the City of Central Point Planning Commission
Consideration of Amendments to Central Point Municipal Code Chapter 8.24 -Flood Damage
Prevention and Chapter 17.57 -Fences
Applicant: City of Central Point
140 S. Third Street
Central Point, OR 97502
Findings of Fact
and
Conclusion of Law
PART 1
INTRODUCTION
In November 3, 2010 the Federal Emergency Management Agency (FEMA) informed all cities within
Jackson County that the updated Flood Insurance Rate Maps (FIRM) will become effective on May 3,
2011. In order to ensure continued compliance with the National Flood Insurance Program (NFIP),
FEMA has directed the City to enact code amendments that adopt the cun•ent effective FIS report and
FIRM, and meet or exceed the minimum NFIP regulatory requirements set forth in 44 CFR Part 60.
Failure to complete adoption of the FIRM and code amendments by May 3, 2011 will result in the
community's suspension frorn the National Flood Insurance Program (NFIP) until such date as the new
FIRM and associated code arendments are adopted by the City.
At this time it is the City's objective to:
1) Adopt, by reference, the new FIRM and Flood Insurance Study prepared by FEMA;
2) Incorporate organizational and language revisions provided in the State Model Flood Damage
Prevention Code to enhance coordination between Flood and Building Code administration;
3) Include all floodplain development regulations in one centralized location; and
4) Introduce construction design standards not included in the State Model Code for accessory
structures, fences, and for drainage provisions. An optional provision to allow below-grade
crawlspace construction is also provided since this is a common construciton practice in this
region.
The above objectives require both a map and text amendments to Section 8.24, Flood Damage Prevention
(Attachment "A") and a text amendment to Section 17.57, Fences (Attachment "B") of the Central Point
Municipal Code (CPMC). The proposed map and text amendments are classified as a legislative action
subject to the procedural requirements set forth in CPMC Section 17.05.200, Legislative Amendments.
Page 1 of 10 Findings & Conclusions of Law File No.: 11013
Including this inh•oduction these findings will be presented in six (6) parts addressing the requirements of
Section 17.05.200 as follows:
1. Introduction
City of Central Point Zoning Ordinance
Statewide Planning Goals
State Transportation Planning Rule
City of Central Point Comprehensive Plan
Summary Conclusion
PART 2
CITY OF CENTRAL POINT ZONING ORDINANCE
17.10.100 Amendments--Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and guasi judicial
amendments to this Code and the Central Point city zoning map (zoning nzap). These will be r^eferred to
as "map and text amendments. " Amer2dntents may be necessary, from time to time to re/lect changing
community conditions, needs and desires, to correct mistakes, or to address changes in the law. (Ord.
1874 ~3(part), 2006).
Finding: The proposed amendments represent text changes to the Code as specified in Section 17.10.100.
The proposed amendments affect Section 8.24, Flood Damage Prevention and Section 17.57, Fences, both
of which are part of the City of Central Point Municipal Code, defined and cornmonly referred to as the
Coder. The proposed ainend~nents to Section 8.24 do adopt, by reference, the Flood Insurance Rate Maps
(FIRMS) as well as the Digital Flood Insurance Rate Maps (DFIRM). However, Section 8.24 is not part
of the City's zoning ordinance (Chapter 17) and consequently does not affect the zoning map.
As a map and text amendment the proposed changes in Attaclunents "A" and "B" are classified as
legislative actions subject to Section ] 7.10.200, Legislative Amendments.
17.10.200 Legislative Amendments.
Legislative amendments are policy decisions made by city council. They are r^eviewed using the Type IV
procedure irs Section 17.05.500 and shall conform to the statewide planni~ag goals, the Central Point
comprehensive plan, the Central Point zoning or^dinance and the transportation planning rule provisions
in Section 1710.600 as applicable.
Finding: The proposed amendments are considered legislative amendments subject to final approval by
the city council. Legislative arnendments are classified as a Type IV procedure and subject to the
procedural requirements set forth in Section 17.05.500, Type IV Procedure (legislative). The procedural
requirements set forth in Section 17.05.500 are been met as evidenced in the file and these findings.
It is further found that the proposed amendments do not affect the zoning map, and that adoption by
reference of the FIRM does not alter, or otherwise modify the zoning map.
r CPMC 1.04.010(2)
Page 2 of 10 Findings & Conclusions of Law File No.: 110] 3
Conclusion: The proposed amendments are classified as a legislative action and have been prepared and
processed in compliance with the provisions of Section 17.05.500.
PART 3
STATEWIDE PLANNING GOALS
In Section 17.05.500(G)(1)nne of the decision-making criteria for legislative actions is a determination of
consistency with the statewide planning goals. In this Part 2 those statewide planning goals that are
applicable to the proposed amendments will be addressed.
GOAL 1. CITIZEN INVOLVEMENT - To develop a citizen involvement program that insures the
opportunity,foreitizens to be involved in all phases of the planning process.
Finding, Goal 1: The proposed amendments do not enhance, or detract, from citizen participation in the
City's planning process. The review of the proposed amendments has been completed in compliance with
the provisions of Section 17.05.500. At the time of its adoption Section 17.05.500 was determined by the
Department of Land Conservation and Development (DECD) to be compliant with the statewide planning
goal addressing citizen participation.
Conclusion, Goal I: Consistent.
GOAL 2. LAND USE PLANNING - To establish a land use planning process and policy fi-ameworlr as a
basis.for all decision arzd actions related to use of land and to assure an adeguate,factual base,for such
decisions and actions.
Finding Goa12: The City of Central Point has a comprehensive land use plan acknowledged by the state.
The proposed arendments are in accordance with CPMC Section 17.10.200 and do not modify or
otherwise affect the City's planning process as set forth in the Comprehensive Plan. The proposed text
amendments serve to ensure continued compliance with the National Flood Insurance Program; adopt the
newly revised State Model Flood Darnage Prevention Code language; and include all floodplain
management regulations in one centralized location.
Conclusion Goal 2: Consistent.
GOAL 3. AGRICULTURAL LANDS - To preserve and maintain agricultural lands.
Finding Goa13: The proposed amendrents do not involve, or otherwise affect lands designated for
agricultural use.
Conclusion Goa13: Not applicable.
GOAL 4. FOREST LANDS - To conserve forest lands by maintaining the forest land base and to protect
the state's forest economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land consistent with
Page 3 of 10 Findings & Conclusions of Law File No.: 11013
sound management ofsoil, air, water, and fish and wildlife resources and to provide for recreational
opportunities and agriculture.
Finding, Goa14: The proposed amendments do not involve, or otherwise affect ]ands designated For
forest use.
Conclusion, Goa14: Not applicable.
GOAL 5. OPEN SPACE, SCENICAND HISTORIC AREAS, AND NATURAL RESOURCES - To
protect natural resources and conserve scenic and historic areas and open spaces.
Finding Goal 5: The proposed amendments apply to lands located within the Special Flood Hazard
Areas (SFHA) mapped on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Map (FIRM). Floodplains provide a variety of natural and beneficial functions to society, including
increased flood storage capacity and water quality benefits through wetland creation and pollutant
filtering, rejuvenation of spawnin~ gravel, aquatic habitat promotion, vegetation establishment, fish
habitat, and stream bank stability. Modifications to the natural floodplain processes and encroachment of
streatn riparian areas by development has been observed to increase flood damages, as well as increase
the loss of ecological function, potential damages to downstream properties, cu]tural, economic and
environmental impacts. The proposed code amendments include 1) a goal to manage the alteration of
flood hazard areas, stream channels and shorelines to minimize the impacts of development on natural and
beneficial functions; 2) include provisions to allow stream restoration projects in the regulatory floodway
and watercourse alterations provided all environmental and conveyance capacity issues are adequately
addressed; mitigate future flood losses and open space for natural and beneficial riparian and floodplain
functions through established stream setbacks; and encourage surface water runoff treatment using on-
site, low impact development practices.
Finding Goa15: The proposed amendments include a new definition to address historic structures to
support regulatory language that allows variances for historic structures, as well as exclusion of historic
structures fi•om the substantial improvement and damage calculations that could otherwise result in the
alteration of said structures.
Conclusion Goa15: Consistent.
GOAL 6 AIR, WATER, AND LAND RESOURCES QUALITY - To maintain and improve the quality of
the air, water and land resources of the state.
Finding Goa16: The proposed arnendtnents are designed to address flooding and flood related datnage
to property, and in so doing will improve the quality and use of both water and land resources within the
City.
Conclusion Goal b: Consistent.
~ Association of State Floodplain Managers (ASFPM). (2008). Natural and Beneficial Fooodplain Functions• Floodnlain
Manaeement -More than Flood Loss Reduction WI: ASFPM Board.
Page 4 of 10 Findings & Conclusions of Law File No.: 11013
GOAL 7. AREAS SUBJECT TO NATURAL HAZARDS AND DISASTERS - To protect people and
property from natural hazards.
Finding Goa17: The proposed amendments are in response to publication of a new Flood Insurance Rate
Map (FIRM) that re-evaluates flood hazards in Jackson County and Central Point, and are specifically
designed to protect people and property firom flooding; a natural hazard.
The proposed amendments were prepared based on the State Model Flood Damage Prevention Code,
which facilitates greater coordination between floodplain and building code administration. Furthermore,
the proposed code amendments incorporate the general and specific construction standards previously
approved by the State DLCD and FEMA.
Conclusion Goa17: Consistent.
GOAL 8. RECREATION NEEDS - To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Finding Goal 8: The recreational needs of the citizens of Central Point are addressed in the City's
comprehensive plan and Parks and Recreation Plan. The proposed amendments do not reduce the
available area designated for parks and recreation purposes. Recreation facilities proposed in a Special
Flood Hazard Area will be subject to the flood damage prevention requirements established in the
proposed amendments to keep new facilities and surrounding uses safe from flood damages. Provided
these measures are satisfied, recreation facilities and parks are typically considered a beneficial use of
floodplain areas and are encouraged.
Conclusion Goal 8: Consistent.
GOAL 9. ECONOMY OF THE STATE - To provide adequate opportunities throughout the state.for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
Finding Goa19: The proposed amendments do not alter the City's provision of adequate economic
opportunities but do require development activities located in the floodplain to minimize costly flood
damages on any proposed structures, surrounding properties and the public health, safety and general
welfare.
Conclusion Goa19: Consistent.
GOAL 10. HOUSING - To provide for the housing needs of citizens of the state.
Finding Goal 10: The proposed amendments do not alter the provision for housing within Central Point;
however, housing located within the floodplain will be subject to standards that will minimize or prevent
costly flood damages to the structure, surrounding properties and the public health, safety and general
welfare.
Conclusion Goal 10: Consistent.
Page 5 of ] 0 Findings & Conclusions of Law File No.: 11013
GOAL 11. PUBLIC FACILITIES AND SERVICES - To plan and develop a timely, orderly and efficient
arrangement ofpublic,facilities and services to serve as a_framework,for urban and rural development.
Finding Goal 11: The proposed amendments do not involve, or otherwise affect the City's provision of
timely, orderly and efficient public facilities and services. The proposed text amendment does not cause
an increase in the demand for public Facilities and services not already available within the City.
The proposed amendments have the potential to compliment the City's provision of timely, orderly and
efficient public facilities and services by requiring new critical public facilities and services to be located
outside the Special Flood Hazard Area unless no other feasible alternative exists. In such instances the
proposed text amendment requires protection of the facility and access roads to the 500-year flood level to
ensure timely, orderly and efficient arrangement of public facilities and services in the City. The
proposed text amendments do not cause an increase in the demand for public facilities and services not
already available within the City.
Conclusion Goal 11: Consistent.
GOAL 12. TRANSPORTATION - To provide and encourage a safe, convenient and economic
transportation system.
Finding Goal 12: The proposed amendments are consistent with the City's Transportation System Plan
(see Part 4, Transportation Planning Rule).
Conclusion Goal 12: Consistent (see Part 4, Transportation Planning Rule).
GOAL 13 ENERGY - To conserve energy.
Finding Goal 13: The proposed amendments do not involve, or otherwise affect development standards
or regulations that address the conservation of energy.
Conclusion Goal 13: Consistent.
GOAL 14. URBANIZATION- To provide,for ara orderly and efficient transition.from rural to urban land
use, to accommodate urban population and urban employment inside urban growtl2 boundaries, to ensur^e
efficient use of land, and to provide,for livable communities.
Finding Goa114: The proposed arendments will affect lands and proposed development activities in the
floodplain areas within Central Point. Any urban development proposed must comply with the standards
to minimize flood damages in the community.
Conclusion Goal 14: Consistent.
GOAL I5. WILLAMETTE GREENWAY - To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River
as the Willamette River Greenway.
Page 6 of 10 Findings & Conclusions of Law File No.: 11013
Finding Goal 15: The proposed amendments do not involve, or otherwise affect the Willamette River or
Willamette River Greenway.
Conclusion Goal 15: Not applicable.
GOAL 16. ESTUARINE RESOURCES - To recognize and protect the unique environmental, economic,
and social values of each estuary and associated wetlands; and to protect, maintain, where appropriate
develop, and where appropriate restore the long-term environmental, economic, and social values,
diversity and benefits of Oregon's estuaries.
Finding Goa116: The proposed amendments do not involve, or otherwise affect estuaries and associated
wetlands.
Conclusion Goa116: Not applicable.
GOAL I7. COASTAL SHORELANDS - To conserve, protect, where appropriate, develop and where
appropriate restore the r^esources and benef is of all coastal shorelands, recognizing their value,for
protection and maintenance of water quality,,fish and wildlife habitat, water-dependent uses, economic
resources and recreation and aesthetics. The management of these shoreland areas shall be compatible
with the characteristics of the adjacent coastal waters; and To reduce the hazard to human life and
property, and the adverse effects upon water quality andfish and wildlife habitat, resulting,from the use
and enjoyment of Oregon's coastal shorelands.
Finding Goal 17: The proposed amendments do not involve, or otherwise affect coastal shorelands.
Conclusion Goal 17: Not applicable.
GOAL 18. BEACHES AND DUNES - To conserve, protect, where appropriate develop, and where
appropriate restore the resources and benefits of coastal beach and dune areas; and to r^educe the
hazard to human life and property,^om natural Orman-induced actions associated with these areas.
Finding Goa118: The proposed amendments do not involve, or otherwise affect coastal beach or dune
areas.
Conclusion Goal 18: Not applicable.
GOAL 19. OCEAN RESOURCES - To conserve marine resources and ecological,functions for the
purpose of providing long-term ecological, economic, and social value and benefits to future generations.
Finding Goal 19: The City of Central Point is not adjacent to, or near the ocean. The proposed text
amendments do not involve, or otherwise affect marine resources and marine ecological functions.
Conclusion Goal 19: Not applicable.
Page 7 of 10 Findings & Conclusions of Law File No.: 1.1013
PART 4
CITY OF CENTRAL, POINT COMPREHENSIVE PLAN
17.05.500 (G)(2)(m) The request is consistent with the Central Point comprehensive pla~z;
Finding: The proposed amendments are consistent with the comprehensive plan and serve to ensure that
the City continues to comply with the minimum National Flood Insurance Program requirements to keep
flood insurance available to residents and to protect the community from dangerous flood conditions and
costly flood damages that result in unnecessary public expenditures.
Conclusion: Consistent
1. Environmental Management
Finding: The City of Central Point Open Space and Scenic Resources policy is, "To preserve its
existing scenic qualities and amenities and to ensure that future growth and development results in
an increasingly attractive community, in harmony with the natural environment." The proposed text
amendments in Chapter 8.24, Flood Damage Prevention, and Chapter 17.57, Fences, have the
potential to preserve and enhance scenic qualities in the City by preserving open space through
stream setbacks and prohibiting encroachment by fences in other development that is not in
harmony with the natural environment.
Finding: The Natural Hazards Element of the Enviromnental Management Chapter in the
Comprehensive Plan establishing a policy that the City continue to support and comply with the
National Flood Insurance Program {NFIP), which was previously referred to as the Flood Insurance
Protection Act Program (FFIPAP). This directive included provisions to:
• Establish elevations for the 100-year and 500-year flood events;
• Prohibit new construction in the 100-year floodplain unless the lowest habitable floor is
elevated above the flood elevation; and
• Prohibit activities in the 100-year floodplain that worsen flood conditions by filling
floodplain natural storage areas and causing increased flood conditions on surrounding
properties via displacement, or inhibiting the flow of natural drainage areas.
The proposed text amendments ensure continued compliance with the Environmental Element of the
Comprehensive Plan by adopting by reference new Flood Insurance Rate Maps (FIRM) that identify
flood hazard areas including the regulatory floodway, 100-year floodplain and 500-year floodplain.
The Flood Insurance Study (FIS) report also establishes elevations for flood events ranging from 10-
year to 500-year frequencies.
2. Urbanization
Although the proposed code amendments do not prohibit developrent within the 100-year
floodplain or the regulatory floodway, there are higher flood protection standards that apply in the
mapped regulatory floodways that are intensive and often difficult to achieve, absent mitigation.
For this reason, the buildable lands inventory in the Urbanization Element of the Comprehensive
Plan, upon its next revision, will examine the impacts of the regulatory floodway on available
vacant lands for residential, commercial and industrial development within the City. This
evaluation will determine the impacts of the updated flood hazard inventory on the developable
lands within the current urban growth boundary.
Page 8 of 10 Findings & Conclusions of Law File No.: 11013
Finding: The proposed text amendments to Chapter 8.24, Flood Damage Prevention, and Chapter
17.57, Fences, do not directly prohibit urban development within the City; however, said
development will be subject to the flood damage prevention provisions necessary to protect life,
safety and property within the community.
Conclusion: Consistent
PART 5
TRANSPORTATION PLANNING RULE
17.10.600 Transportation planning -•ule compliance.
Section 660-012-0060(1) YVhere an amendment to a functional plan, an acknowledged comprehensive
plan, or a land use regulation would significantly affect an existing or planned transportation facility, the
local government shall put in place measures as provided in section (2) of this rule to assure that allowed
land uses are consistent with the identified,function, capacity, and performance standards (e.g. level of
service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment.
significantly affects a transportation facility if it would:
a) Change the functional classification of an existing or planned transportation,facility;
b) Change standards implementing a.functional classifzcation system; or
c) As measured at the end of the planning period identified in the adopted transportation system
plan:
(A) Allow types or levels of land uses that would result itx levels of travel or access that m^e
inconsistent with the functional classifzcation of an existing or planned transportation
facility;
(B) Reduce the performance of an existing or planned transportation facility below the
minimum acceptable performance standard identified in the TSP or comprehensive plan;
or
(C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
Finding 660-012-0060(1)(a): The proposed amendments do not alter, or otherwise affect any of the
City's Transportation Systems Plan, nor will it affect any existing or planned transportation facilities, or
land use designations as . The proposed amendments serve only to provide clear and measurable code
standards for flood damage prevention that are located in one centralized location while resolving meeting
the City's stated policy of maintaining compliance with the National Flood Ihsurance Program
requirements.
Conclusion 660-012-0060(1)(a): No significant affect.
Page 9 of 10 Findings & Conclusions of Law File No.: 11013
PART' S
SIIMNIARY CONCLUSION
As evidenced in these findings, the proposed amendments are in compliance with the decision-making
criteria set forth in Section 17.05.500 of the Central Point Municipal Code. Adoption of the proposed
amendments are necessary to ensure continued compliance with the National Flood Insurance Program
(NFIP). Failure to complete adoption of the FIRM and code amendments will result in the community's
suspension from the National Flood Insurance Program (NFIP).
Page 10 of 10 Findings & Conclusions of Law File No.: l 1013
/1~T/1~/fllVl~tl~d tl 86 ~ 99
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A FAVORABLE
RECOMMENDATION TO THE CITY COUNCIL TO CONSIDER AMENDMENTS TO
THE MUNICIPAL CODE CHAPTER 8.24, FLOOD DAMAGE PREVENTION
WHEREAS, on November 3, 2010, the Federal Emergency Management Agency (FEMA)
informed all cities within Jackson County that a newly updated Flood Insm~ance Rate Map
(FIRM) and Flood Insurance Study (FIS) report will become effective on May 3, 2011; and,
WHEREAS, FEMA has directed the City to enact code amendments that adopt the current
effective FIS report and FIRM and meet or exceed the minimum NFIP regulatory requirements
set forth in 44 CFR Part 60 to maintain compliance with the National Flood Insurance Program
(NFIP); and,
WHEREAS, failure to complete adoption of the FIRM and code amendments by May 3, 2011
will result in the community's suspension from the NFIP until such date as the new FIRM and
associated code amendments are adopted by the City; and,
WHEREAS, a study session to discuss proposed changes to Section 8.24 was held on
January 24, 2011 with members of the Planning Commission and Citizens Advisory Committee;
and,
WHEREAS, after reviewing the requested proposal and considering public testimony, it is the
determination of the Planning Conunission that the proposed amendments as set forth in
Attachment "A" and supported by the findings in Attaclment "C" are consistent with all
applicable goals, objectives, and policies of the City's Comprehensive Plan.
NOW, TIiEREFORE, BE IT RESOLVED by the Planning Commission of the City of Central
Point, Oregon that the amendments as set forth in Attachment "A" be forwarded to the City
Council with a recomrnendation that the City Council favorably consider amending the City of
Central Point Municipal Code as specifically set forth in the attached exhibit.
PASSED by the Planning Commission and signed by me in authentication of its passage this 1st
day of February, 2011.
Planning Corrmussion Chair
ATTEST:
City Representative
Approved by me this day of , 2011.
Planning Commission Chair
~'@~ A 4~~~@EtlC~~~ 6i_ ~ 99
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A FAVORABLE
RECOMMENDATION TO THE CITY COUNCIL TO CONSIDER AMENDMENTS TO
THE MUNICIPAL CODE CHAPTER 17.57, FENCES
WHEREAS, the City is enacting code amendments to Chapter 8.24, Flood Damage Prevention to
comply with the National Flood Insurance Program (NFIP) requirements in response to
publication of a new Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS); and,
WHEREAS, provisions set forth in Chapter 8.24, Flood Damage Prevention apply to all
development activities in the SFHA, including fence construction, and achieve greater
coordination between affiliated codes such as the Building and Zoning Codes and the Public
Works Standard Specifications; and,
WHEREAS, existing code language in Chapter 17.57, Fences, provides specific construction
standards for fences in the Special Flood Hazard Area (SFHA); and,
WHEREAS, amendments to Chapter 17.57 refer all specific fence construction standards for
Special Flood Hazard Areas to Chapter 8.24 Section 260; and,
WHEREAS, a study session to discuss proposed changes to Section 17.57 was held on
January 24, 2011 with members of the Planning Commission and Citizens Advisory Comrnittee;
and,
WHEREAS, after reviewing the requested proposal and considering public testimony, it is the
determination of the Planning Commission that the proposed amendments as set faith in
Attachment "B" and supported by the findings in Attachment "C" are consistent with all
applicable goals, objectives, and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BF. IT RESOLVED by the Planning Commission of the City of Central
Point, Oregon that the amendments as set forth in Attachment "B" be forwarded to the City
Council with a recommendation that the City Council favorably consider amending the City of
Central Point Municipal Code as specifically set forth in the attached exhibit.
PASSED by the Planning Commission and signed by me in authentication of its passage this 1st
day of February, 2011.
ATTEST:
City Representative
Planning Commission
Approved by me this day of , 2011
Planning Commission Chair
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