HomeMy WebLinkAboutOrdinances 2079 ORDINANCE NO. o1 oi(k
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
CHAPTER 8.24 FLOOD DAMAGE PREVENTION
Recitals:
A. Words ' are to be deleted and words in bold are added.
B. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time
to time make revisions to its municipal code which shall become part of
the overall document and citation.
C. The revisions to this ordinance are being made to bring the code into
compliance with to comply with National Flood Insurance Program
(NFIP) standards and the Community Rating System (CRS) program
requirements.
D. On June 1, 2021, the Central Point Planning Commission
recommended approval of code amendments to various sections in
Chapter 8.24 Flood Damage Prevention.
E. On June 24, 2021, the City of Central Point City Council held a
properly advertised public hearing; reviewed the Staff Report (herein
incorporated by reference) and findings (Exhibit 1); heard testimony
and comments, and deliberated on approval of the Municipal Code
Amendment.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.24 of the Central Point Municipal Code is amended to read:
Chapter 8.24
Flood Damage Prevention
8.24.010 Statutory Authorization
8.24.030 Statement of Purpose
8.24.050 Definitions
8.24.060 Lands to which this chapter applies
8.24.200 Development in Regulatory Floodways
8.24.220 Development in Zones Without Base Flood Elevations
8.24.250 Floodplain Development Standards for Construction
8.24.270 Interpretations and Variances
8.24.010 Statutory Authorization.
1 The Legislature of the state State of Oregon has in ORS 197.175 delegated the
responsibility to local governmental units to adopt floodplain management
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.
8.24.030 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. Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard;
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
I. Manage the alteration of flood hazard areas, stream channels and shorelines
to minimize the impact of development on the natural and beneficial functions
of the floodplain;
J. Participate in and maintain eligibility for flood insurance and disaster
relief.
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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.
"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.
"Appeal" means a request for review of the floodplain administrator's
interpretation of provisions of this chapter.
"Area of shallow flooding" 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.
For both AO and AH zones, adequate drainage paths are required around
structures on slopes to guide floodwaters around and away from proposed
structures.
"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. e-- .e • - - - -- - -- --- •- - - -• --- - - - - - -
maps always include the letters A or V It is shown on the Flood Insurance
Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR. Also known as the
special flood hazard area (SFHA).
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year.
"Base flood elevation (BFE)" means the water surface elevation to which
floodwater is anticipated to rise during the base flood in relation to a specified
datum. The BFE is depicted on the flood insurance rate map (FIRM) to the
nearest foot and in the flood insurance study (FIS) to the nearest tenth of a foot.
"Basement" means any area of a building having its floor subgrade (below
ground level) on all sides.
"Below-grade crawlspace" means an enclosed area below the BFE 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 four feet at any point. Below-grade
crawlspaces are allowed subject to the conditions found in FEMA Technical
Bulletin 11-01 and in Section 8.24.250(E)(3).
"City" means the city of Central Point.
Pg. 3 Ordinance No. _2079 (07/08/2021)
"Conditional letter of map revision (CLOMR)" means a formal review and
comment by FEMA as to whether a proposed project complies with minimum
National Flood Insurance Program (NFIP) 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.
"Critical facility" or "essential facility" means a facility that is critical for the 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 or fire-
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.
"Datum" means the vertical 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 1929). The vertical datum currently adopted by the federal government
as a basis for measure heights is the North American Vertical Datum of 1988
(NAVD 1988)
"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 chapter, include:
1. Signs, markets markers, aids, etc., placed by a public agency to serve
the public provided the encroachment in the special flood hazard area
is no larger than a standard utility pole; 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.
Pg. 4 Ordinance No. _2079 (07/08/2021)
"DFIRM" means digital flood insurance rate map. 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.
"Elevated building" means, for insurance purposes, a nonbasement building that
has its lowest elevated floor raised above ground level by foundation walls, shear
walls, posts, piers, pilings or columns.
"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.
Essential Facility. See "Critical facility."
"FEMA" means the Federal Emergency Management Agency.
"Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
"Flood insurance rate map (FIRM)" means the official map of a community issued
by FEMA delineating the areas of special flood hazard and/or risk premium
zones applicable to the community.
"Flood insurance study (FIS)" means the official report provided by FEMA
evaluating flood hazards and containing flood profiles, regulatory floodway
boundaries and water surface elevations of the base flood.
"Floodway" or "regulatory floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one-foet a designated height.
"Functionally Dependent Use" means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long term storage
or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
"Historic structure" means a structure that is:
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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:
a. By an approved state program as determined by the Secretary of the
Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
"Letter of map change (LOMC)" 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 map amendment (LOMA)" 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 map revision (LOMR)" means a revision based on technical
data showing, due to human-made alterations, changes to flood zones,
flood elevations, or floodplain and regulatory floodway delineations. One
common type of LOMR, a LOMR-F, is a determination that a structure or
parcel has been elevated by fill above the BFE and is excluded from the
special flood hazard area.
"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 nonelevation design
requirements found in Section 8.24.250(6)(2) and (3).
"Manufactured dwelling" or "manufactured home" means a structure,
transportable in one or more sections, which is built on a permanent chassis and
Pg. 6 Ordinance No. _2079 (07/08/2021)
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.
"New construction" means structures for which the start of construction
commenced on or after the effective date of the adopted flood damage
prevention requirements codified in this chapter, including subsequent
substantial improvements to the structure.
"NFIP" means National Flood Insurance Program.
"Reasonably safe from flooding" means e- - ___ _ - _ . _ _ - --
land or damage structures and that on y subsurface waters related to the bac
--- • - e . ••- e- - e - e - e- e e -. e e development is designed
and built to be safe from flooding based on consideration of current flood
elevation studies, historical data, high water marks and other reliable data
known to the community. In unnumbered A zones where flood elevation
information is not available and cannot be obtained by practical means,
reasonably safe from flooding means that the lowest floor is at least two
feet above Highest Adjacent Grade.
"Recreational vehicle" means a vehicle that 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.
"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 one year 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; or the 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
Pg. 7 Ordinance No. _2079 (07/08/2021)
wall, ceiling, floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, manufactured dwelling, a
modular or temporary building, or liquid storage tank that is principally above
ground.
"Substantial damage" means damage of any origin sustained by a structure on at
least two separate occasions during a ten-year period whereby the cost of
restoring the structure for which the cost of repairs to its before damaged
condition would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure within the course of a ten-year period either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the
damage occurred.
For the purposes of this definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include:
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
b. Any alteration of a structure listed on the National Register of Historic
Places or the Oregon State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this
chapter.
"Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure
or other development without 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.
"Watercourse" means a lake river, creek, stream, wash, arroyo, channel or other
topographic feature in, on, through, or over which water flows at least
periodically.
"Water dependent use" mcanc ^ {- . - -- - -- - -- - - - -
does not include long term storage, manufacture, sales or service facilities.
Pg. 8 Ordinance No. _2079 (07/08/2021)
"Water surface elevation" means the height, in relation to a specified datum of
floods of various magnitudes and frequencies in the floodplains of riverine areas.
8.24.060 Lands to which this chapter applies.
A. Applicability. This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city. All development within special flood hazard
areas is subject to the terms of this chapter and other applicable
regulations. Nothing in this chapter is intended to allow uses or structures that
are otherwise prohibited by the zoning regulations or specialty codes.
B. Community Boundary Alterations. The Floodplain Administrator shall
notify the Federal Insurance Administrator in writing whenever the
boundaries of the community have been modified by annexation or the
community has otherwise assumed authority or no longer has authority to
adopt and enforce floodplain management regulations for a particular area,
to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood
Insurance Rate Maps (FIRM) accurately represent the community's
boundaries. Include within such notification a copy of a map of the
community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished
floodplain management regulatory authority.
8.24.200 Development in Regulatory Floodways.
Located within areas of special flood hazard established in Section 8.24.070 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 except when it can be demonstrated the following provisions are
satisfied:
A. Except as provided in subsections E and F of this section, encroachments
including fill, new construction, substantial improvements, and other development
are prohibited unless certification by an Oregon 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. Provided that the conditions in subsection A of this section are met, the
following additional provisions shall apply:
1. Floodplain development construction standards provided in
Sections 8.24.250 and 8.24.260 are met;
Pg. 9 Ordinance No. _2079 (07/08/2021)
2. 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;
3. No manufactured dwelling 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 or designee in
consideration of the conditions of Section 8.24.250(G);
C. The following activities are prohibited in the regulatory floodway:
1. Fences and walls as provided in Section 8.24.260(A)(1) and 17.57.030;
and
2. Accessory structures as provided in Section 8.24.250(1);
D. In limited circumstances encroachments associated with functionally
dependent uses (i.e., bridges, roads, culverts); historic structure reconstruction,
restoration and rehabilitation; and stream restoration projects as provided in
subsection F of this section and Section 8.24.270(B)(2)(f), that cause an increase
to the BFE are allowed; provided, that the applicant demonstrate that no other
alternative is available. In such circumstances, applicants shall obtain a 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 BFE, unless the development causes a temporary
encroachment and conditions in subsection E of this section and the floodplain
development construction standards provided in
Sections 8.24.250 and 8.24.260 are satisfied;
E. Temporary encroachments in the regulatory floodway for the purposes of
capital improvement projects, including bridges and culverts,
even may be permitted if the encroachment results in an increase in flood levels
during the occurrence of the base flood discharge,
provided that a Conditional Letter of Map Revisions (CLOMR) is applied for
and approved by the Federal Insurance Administrator, and the
requirements for such revision as established under Volume 44 of the Code
of Federal Regulations, section 65.12 are fulfilled. Temporary
encroachments shall comply with all other applicable flood hazard
reduction provisions of this chapter and may be permitted 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, as
specified in the floodplain 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
Pg. 10 Ordinance No. _2079 (07/08/2021)
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 BFE and notifies owners of
any increased risk of flooding. Documentation demonstrating compliance
with this provision shall be provided to the city as part of the floodplain
development application; and
5. The project applicant is provided with written notification that they may be
liable for any flood damages resulting from the temporary encroachment.
F. 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);
2. The project does not result in a potential rise in the flood elevation;
23. A - -- -- - - - •- - - • - -- - - - 'e•- - _ --- , - - • -
NRCS, the county, or fishericc, - _ _ - _ _ - - _ _ -
agencicc) h2.c e - - -- - -- - • - - . - -e --- - - , that the project
was designed to keep Conditional Letter of Map Amendment (CLOMR)
is applied for and approved by the Federal Insurance Administrator for
any rise in the base flood levels, _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ -
giventhe goals of the project and the requirements for such revision as
established under Volume 44 of the Code of Federal Regulations,
section 65.12 are fulfilled; and
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
floodplain development approval
8.24.250 Floodplain Development Standards for Construction.
A. Anchoring.
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
Pg. 11 Ordinance No. 2079 (07/08/2021)
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, duct
systems, and equipment and other service facilities shall be elevated at
least one foot above the BFE.
a. An exception is allowed for equipment and service facilities that
are and/or designed or located and installed to prevent water from
entering or accumulating within the components and to resist
hydrostatic and hydrodynamic loads and stresses, including
the effects of buoyancy, during conditions of flooding to the BFE.
Utilities permitted below the BFE are those specifically
designed to be located in areas of flooding and may include:
i. Electrical systems, equipment and components;
ii. Heating, ventilation, air conditioning;
iii. Plumbing, appliances, and plumbing fixtures;
iv. Duct systems; and
v. Other services facilities.
b. In addition, electrical, heating, ventilation, plumbing, air
conditioning, duct systems, and other equipment and services
that are replaced as part of a substantial improvement shall
meet all requirements of this section.
Refer to FEMA Technical Bulletin 02-08 for more information about the flood
resistant materials requirement.
C. Structures Located in Multiple or Partial Flood Zones.
In coordination with the State of Oregon Specialty Codes:
1. When a structure is located in multiple flood zones on the
community's Flood Insurance Rate Maps (FIRM) the provisions for the
more restrictive flood zone shall apply.
2. When a structure is partially located in a special flood hazard area,
the entire structure shall meet the requirements for new construction
and substantial improvements.
Pg. 12 Ordinance No. _2079 (07/08/2021)
G D. 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 system and
discharge from the system into flood 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 backflow of flood waters up through the
storm drain collection and conveyance system.
Refer to FEMA Publication No. 348, "Protecting Building Utilities from Flood
Damage" for more information about flood resistant utilities design and
construction.
D E. Critical Facilities. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the special flood hazard area. Construction
of new critical facilities shall be permissible within the special flood hazard area if
no feasible alternative site is available. Critical facilities constructed within the
special flood hazard area shall have the lowest floor elevated three feet above
the BFE or base depth, or to the height of the two-tenths percent (five-hundred-
year) flood level, whichever is higher. Access to and from the critical facility shall
be protected to the height utilized above. Floodproofing 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.
€-F. Residential Construction.
1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated at least
one foot above the BFE 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
two feet above the highest adjacent 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:
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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 BFE to satisfy this
requirement;
ii. Openings must be at least three 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 twelve inches
above the adjacent 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 BFE data are
available; provided, that they conform to guidelines provided in FEMA
Technical Bulletin 11, Crawlspace Construction for Structures Located in
special flood hazard areas, building codes and the below-grade crawlspace
provisions set forth in subsection J of this section.
G. 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 BFE or base depth; or, if no base depth is specified in an area of shallow
flooding, shall be elevated at least two 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 designee as set forth in Section 8.24.130(L); and
4. Nonresidential structures that are elevated and not floodproofed must
meet the same standards for space below the lowest floor as described in
subsections (E)(2) and (3) of this section.
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G- H. Manufactured Dwellings. In addition to subsections 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 eighteen inches above the BFE or depth number specified on the FIRM;
or if no base depth is specified in an area of shallow flooding (flood zones
AO and AH), shall be elevated at least two feet above the highest adjacent
grade;
2. Manufactured dwellings supported on solid foundation walls with
enclosed areas below the BFE 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 subsections (E)(2)(a)(i) through (iii)
of this section;
3. The bottom of the longitudinal chassis frame beam in A zones shall be at
least twelve inches above the BFE;
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 twelve inches
above the BFE.
Refer to FEMA's Manufactured Home Installation in Flood Hazard Areas
guidebook for additional information
1 I. Recreational Vehicles. 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 one hundred eighty consecutive
days;
2. Be fully licensed and ready for highway use; be on its wheels or jacking
system; be attached to the site only by quick disconnect type utilities and
security devices, and have no permanently attached additions; or
3. Meet the requirements of subsection G- H of this section, Manufactured
Dwellings, and including the elevation and anchoring requirements.
1- J. Accessory Structures. Relief from the elevation or dry floodproofing
standards requirements for residential and non-residential structures in
Riverine (Non-Coastal) flood zones may be granted for an accessory structure
Pg. 15 Ordinance No. _2079 (07/08/2021)
ecrtc:r:rg no more than two hundred square feet. Such c structure must that
meets the following standards:
1. In compliance with State of Oregon Specialty Codes, accessory
structures on properties that are zoned residential are limited to one-
story structures less than 200 square feet, or 400 square feet if the
property is greater than two (2) acres in area and the proposed
accessory structure will be located more than 20 feet from all property
lines. Accessory structures on properties that are zoned as non-
residential are limited in size to 120 square feet.
4- 2. Be located and constructed to minimize flood damage;
2 3. Be designed so as to not impede flow of flood waters under base flood
conditions;
6 4. Be prohibited in the regulatory floodway;
4 5. 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;
5 6. Toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality shall not be
stored -- - _ - - • -
grade; in an accessory structure unless confined in a tank installed in
compliance with this chapter;
6 7. Be constructed of flood resistant materials;
7 8. Be firmly anchored to prevent flotation, collapse, and lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during
conditions of the base flood;
8,9. Have electrical service and/or mechanical equipment elevated or flood-
proofed to or a minimum of one foot above the BFE as set forth in
subsection (B)(3) of this section; and
9,10. 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
subsections (E)(2)(a)(i) through (iii) of this section.
8.24.270 Interpretations and Variances.
This section provides criteria and procedures for interpretations and variances to
the application of provisions established in this chapter.
Pg. 16 Ordinance No. _2079 (07/08/2021)
A. Interpretations. Requests for interpretation of the provisions of this chapter
shall be made in writing to the floodplain administrator in accordance with the
interpretation provisions set forth in Chapter 17.11.
1. It shall be the applicant's responsibility to provide sufficient scientific or
technical documentation to support any appeals of the floodplain
administrator's interpretation of this chapter filed in accordance with
Section 17.11.200(E).
B. Variances. Exceptions to the standards and criteria of this chapter shall be
made in writing to the floodplain administrator on the form provided by the city
and include, at a minimum, the same information required for a floodplain
development permit, a written explanation for the basis of the variance request
and any necessary documentation to show the variance is warranted and meets
the criteria established in subsection (B)(2) of this section.
1. Procedural Requirements. Variances shall be subject to the procedural
requirements set forth in Section 17.05.400 for a Type III (quasi-judicial)
review procedure.
2. Variance Criteria. The city shall approve, approve with conditions, or
deny an application for a variance based on the following criteria:
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 subsections
(B)(2)(i)(i) though (xi) 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:
i. Showing of good and sufficient cause;
ii. Determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii. Determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create public nuisances, cause fraud
Pg. 17 Ordinance No. _2079 (07/08/2021)
on or victimization of the public, or conflict with existing local laws
or ordinances.
e. Variances may be issued for a water functionally dependent use;
provided, that 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 may be 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 of property; they are not personal in nature and do not
pertain to the structure, or 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
or dry-floodproofing, where it can be determined that such action will
have low damage potential, complies with all other variance criteria and
otherwise complies with the building codes.
i. In passing upon such applications, the city shall consider all technical
evaluations, all relevant factors, standards specified in other sections of
this chapter and the:
i. Danger that materials may be swept onto other lands to the injury
of others;
ii. Danger to life and property due to flooding or erosion damage;
iii. Susceptibility of the proposed facility and its contents to flood
damage on the individual owner;
iv. Importance of the services provided by the proposed facility to
the community;
v. Necessity to the facility of a waterfront location, where
applicable;
vi. Availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
vii. Compatibility of the proposed use with existing and anticipated
development;
Pg. 18 Ordinance No. _2079 (07/08/2021)
Diagram 1. Requirements regarding below-grade crawlspace construction.
7. There must be an adequate drainage system that removes floodwaters
from the interior area of the crawlspace. 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 feet per
second for any crawlspace. For velocities in excess of five feet per second,
other foundation types should be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
8.24.270 Interpretations and Variances.
This section provides criteria and procedures for interpretations and variances to
the application of provisions established in this chapter.
A. Interpretations. Requests for interpretation of the provisions of this chapter
shall be made in writing to the floodplain administrator in accordance with the
interpretation provisions set forth in Chapter 17.11.
1. It shall be the applicant's responsibility to provide sufficient scientific or
technical documentation to support any appeals of the floodplain
administrator's interpretation of this chapter filed in accordance with
Section 17.11.200(E).
B. Variances. Exceptions to the standards and criteria of this chapter shall be
made in writing to the floodplain administrator on the form provided by the city
and include, at a minimum, the same information required for a floodplain
development permit, a written explanation for the basis of the variance request
and any necessary documentation to show the variance is warranted and meets
the criteria established in subsection (B)(2) of this section.
1. Procedural Requirements. Variances shall be subject to the procedural
requirements set forth in Section 17.05.400 for a Type III (quasi-judicial)
review procedure.
2. Variance Criteria. The city shall approve, approve with conditions, or
deny an application for a variance based on the following criteria:
a. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
Pg. 19 Ordinance No. (i/./ 2..„)
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 subsections (B)(2)(i)
provided the technical considerations in (i) though (xi) of Section
8.24.270(B)(2)(i) 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:
i. Showing of good and sufficient cause;
ii. Determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii. Determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create public nuisances, cause fraud
on or victimization of the public, or conflict with existing local laws
or ordinances.
e. Variances may be issued for a water functionally dependent use;
provided, that 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 may be 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 of property; they are not personal in nature and do not
pertain to the structure, or 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
or dry-floodproofing, where it can be determined that such action will
have low damage potential, complies with all other variance criteria and
otherwise complies with the building codes.
Pg. 20 Ordinance No.a.-7LQt /v/a►,0
i. In passing upon such applications, the city shall consider all technical
evaluations, all relevant factors, standards specified in other sections of
this chapter and the:
i. Danger that materials may be swept onto other lands to the injury
of others;
ii. Danger to life and property due to flooding or erosion damage;
iii. Susceptibility of the proposed facility and its contents to flood
damage on the individual owner;
iv. Importance of the services provided by the proposed facility to
the community;
v. Necessity to the facility of a waterfront location, where
applicable;
vi. Availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
vii. Compatibility of the proposed use with existing and anticipated
development;
viii. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
ix. Safety of access to the property in times of flood for ordinary
and emergency vehicles;
x. Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
xi. 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, as well
as streets and bridges.
3. Variance Notification. Any applicant to whom a variance is granted
shall be given written notice that the issuance of a variance to
construct a structure below the Base Flood Elevation will result in
increased premium rates for flood insurance and that such
construction below the Base Flood Elevation increases risks to life
and property. Such notification and a record of all variance actions,
including justification shall be maintained in accordance with Section
17.05.400.
Pg. 21 Ordinance No. JJ 1 (j/2/ 2.1)
Passed by the Council and signed by me in authentication of its passage this
534"—day of —.Z.A u , 20u .
Mayor Hank Williams
ATTES
City Recorder
Pg. 22 Ordinance No. a.5 i k