Chapter 19.105
FLOODPLAIN OVERLAY
Sections:
19.105.030 General provisions.
19.105.070 General standards for flood hazard reduction.
19.105.080 Variance and appeal procedure.
19.105.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) protect human life and health; (2) minimize expenditure of public money and costly flood control projects; (3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) minimize prolonged business interruptions; (5) minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) ensure that potential buyers are notified that property is in an area of special flood hazard; and (8) ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1)
19.105.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them their meaning in common usage and give these regulations their most reasonable application/scope.
As used in this chapter, unless the context requires otherwise:
A. “Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.
B. “Area of shallow flooding” means a designated AO or AH zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
C. “Area of special flooding hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.
E. “Basement” means any area of a building having its floor subgrade (below ground level) on all sides.
F. “Below-grade crawl space” 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 four feet at any point.
G. “Breakaway wall” means a wall not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
H. “City” means the city of Fairview, Oregon.
I. “Council” or “city council” means the Fairview city council or such person(s) or entity(ies) designated by that body to perform the appeal or variance review functions given it by the terms of this chapter.
J. “Critical facility” means a facility where a slight chance of flooding may be too great. Critical facilities include:
1. Schools;
2. Nursing homes;
3. Hospitals;
4. Police, fire and other emergency response installations; and
5. Installations producing, using or storing hazardous materials or waste.
K. “Director” means the city’s community development director or designate.
L. “DEQ” means the Oregon Department of Environmental Quality.
M. “Development” means any manmade change to improved or unimproved real property, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
N. “DLCD” means the Oregon Department of Land Conservation and Development.
O. “Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
P. Flood or Flooding.
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
Q. “Flood insurance rate map (FIRM)” means an official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
R. “Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
S. “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 a designated height (one foot).
T. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable 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 these regulations.
U. “Manufactured dwelling” means a structure transportable in one or more sections built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. The term “manufactured dwelling” does not include a “recreational vehicle.” The term “manufactured dwelling” is synonymous with the term “manufactured home.”
V. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
W. “New construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures.
X. “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. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Y. “Start of construction” includes substantial improvement, and means the date the building permit was lawfully issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on 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. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or 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.
Z. “State building code” means the combined specialty codes.
AA. “Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.
BB. “Substantial damage” 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 50 percent of the market value of the structure before the damage occurred.
CC. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s designation as a “historic structure.”
DD. “Variance” means a grant of relief by a community from the terms of a floodplain management regulation.
EE. “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2-2019 § 2 (Exh. 1))
19.105.030 General provisions.
A. This chapter applies to all areas of “special flood hazards” within the city as described in subsection (B) of this section.
B. The areas of “special flood hazard” are those areas identified by the Federal Insurance Administration in a report entitled “The Flood Insurance Study for the Multnomah County, Oregon and Incorporated Areas” (dated February 1, 2019; hereinafter “study”) along with accompanying FIRMs. Those documents are adopted by reference and declared to be part of this chapter. A copy of the maps and study are on file in the office of the public works director. The best available information for flood hazard area identification shall be the basis for regulation until a new FIRM is issued.
C. No structure shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. The city may seek any remedy lawfully available to it to effect compliance and, in the event the city is compelled to seek judicial redress for violation(s) of this chapter, the city shall be entitled to recover its reasonable attorneys and expert witness fees both at trial and on appeal.
D. This chapter is not intended to repeal, abrogate, or impair existing easements, covenants or deed restrictions. Where these regulations and another local, state or federal law conflict, the more restrictive shall control.
E. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional, then said holding shall in no way affect the validity of the remaining portions hereof.
F. These regulations shall be considered minimum requirements, liberally construed in favor of the city, and not deemed to either limit or repeal any other powers granted the city by state or federal law or its inherent plenary powers.
G. 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 hazards 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 the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2-2019 § 2 (Exh. 1))
19.105.040 Administration.
A. Development Permit Required. A development permit shall be obtained prior to construction or development within any area of special flood hazard. The permit shall be for all structures and development as defined in FMC 19.105.020.
B. Application for Development Permit. Application(s) for a development permit shall be on forms furnished by the city, submitted to the director, and include plans in duplicate drawn to scale showing:
1. The nature, location, dimensions and elevations of the development area;
2. Existing and/or proposed structures;
3. Fill;
4. Storage of materials; and
5. Drainage facilities.
6. In addition to the foregoing, the following information is to be provided on the plans at the time application is made:
a. Elevation of the lowest floor (including basement) of all structures in relation to mean sea level;
b. Elevation in relation to mean sea level of flood-proofing in any structure;
c. Certification by a registered professional engineer or Oregon licensed architect that flood-proofing methods for nonresidential structure(s) meet the requirements set out in FMC 19.105.070(A)(2); and
d. Description of the extent (if any) to which a watercourse may be altered as a result of the development.
C. Designation and Duties of Floodplain Administrator. The director is hereby appointed to administer and implement this chapter by granting or denying development permit applications with its provisions; duties include (but are not limited to) the following:
1. Review of all development permit applications and all resulting permits to ensure compliance with requirements imposed by this chapter;
2. Determine whether appropriate federal, state, and/or local regulatory permits have been obtained;
3. Maintain all records pertaining to the provisions of this chapter for public inspection;
4. Notify adjacent communities, DLCD, and other appropriate state and federal agencies prior to the alteration/relocation of a watercourse and cause the submission of evidence thereof to the Federal Insurance Administration as well as requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
5. Make interpretations as to the location of boundaries of special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal;
6. Determine if the proposed development is located in the floodway. If the proposed development is located in a floodway, ensure the appropriate provisions of FMC 19.105.070 are met;
7. When base flood elevation data has not been provided (A and V zones), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state, or other sources in order to administer FMC 19.105.070;
8. Where base flood elevation data is provided through the flood insurance study, FIRM, or otherwise, the director shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below grade crawlspaces) of all new or substantially improved structures and whether the structure contains a basement;
9. For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in this section;
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain flood-proofing certifications required by this section;
10. Provide to building officials the base flood elevation and freeboard applicable to any building requiring a building permit; and
11. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement under this chapter.
D. Requirement to Submit New Technical Data.
1. Notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a letter of map revision (LOMR).
2. The applicant shall be responsible for preparing technical data to support the LOMR application and paying any processing application fees to FEMA.
3. Upon occurrence, notify the administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBMs and FIRMs 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. (Ord. 2-2019 § 2 (Exh. 1))
19.105.050 Conditional uses.
The following uses are permitted conditionally in accordance with the specific and general standards outlined in this chapter:
A. All uses allowed in the base zone or existing flood hazard overlay zone.
B. Excavation and fill required to plant any new trees or vegetation.
C. Restoration or enhancement of floodplains, riparian areas, upland and streams. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1. Formerly 19.105.060)
19.105.060 Prohibited uses.
The following uses are not permitted:
A. Any use otherwise prohibited in the base zone or existing flood hazard overlay zone.
B. Any uncontained area of hazardous materials as defined by DEQ. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1. Formerly 19.105.070)
19.105.070 General standards for flood hazard reduction.
A. In all areas of special flood hazards, the following is required:
1. Anchoring.
a. All new construction and substantial improvement(s) shall be anchored to prevent flotation, collapse, or lateral movement of the structure; and
b. All manufactured dwellings shall be anchored to prevent flotation, collapse, or lateral movement and installed using methods and practices designed to minimize flood damage. Anchoring methods may include, but are not limited to, use of overthe-top or frame ties to ground anchors (see FEMA’s “Manufactured Home Installation in Flood Hazard Areas”).
2. Construction Materials and Methods.
a. All new construction and substantial improvement(s) shall be constructed with materials and utility equipment resistant to flood damage;
b. All new construction and substantial improvement(s) shall be constructed using methods and practices designed to minimize flood damage; and
c. Electrical, heating, ventilation, plumbing, air-conditioning and other service equipment/facilities shall be designed and/or elevated or located to prevent water from entering or accumulating within the components during flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with rules adopted by DEO.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities/facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. Where base flood elevation data has not been provided nor available from an authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
5. Review of Building Permits. Where elevation data is unavailable through the flood insurance study, FIRM or other authoritative source, building permit applications shall be reviewed with the aim of promoting safety from flooding. Use of historical data, high water marks, photographs of past flooding, etc. should be used where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
6. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
B. In areas of special flood hazard where base flood elevation data has been provided (Zones A1-30, AH, AE, and A), the following requirements are to be met:
1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation. Fully enclosed areas subject to flooding below the lowest floor are either prohibited or to be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an Oregon registered/licensed professional engineer or architect or 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;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and
d. If a building has more than one enclosed area below the lowest floor, each area shall be equipped with adequate flood openings.
2. Nonresidential Construction. New construction and/or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation or, together with attendant utility and sanitary facilities, shall:
a. Be flood-proofed such that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a 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.
3. Elevated Nonresidential Structures. All elevated nonresidential structures not flood proofed and with space below the lowest floor are either prohibited or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an Oregon registered/licensed professional engineer or architect or 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;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and
d. If a building has more than one enclosed area below the lowest floor, each area shall be equipped with adequate flood openings.
4. Persons flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building flood-proofed to the base flood level will be rated as one foot below.)
5. Manufactured Dwellings.
a. Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection (B)(1) of this section;
b. The bottom of the longitudinal chassis frame beam shall be at or above the BFE;
c. 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 (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and
d. Electrical crossover connections shall be a minimum of 12 inches above BFE.
6. Recreational Vehicles. Recreational vehicles placed on sites in special flood hazard zones are required to:
a. Be on the site for fewer than 180 consecutive days; and
b. Be licensed and ready for highway use on its wheels or jacking system and attached to the site only by quick disconnect type utility and security devices; and
c. Have no permanently attached additions; or, alternatively,
d. Meet the requirements for manufactured dwellings in subsection (B)(5) of this section, including but not limited to the elevation and anchoring requirements for manufactured dwellings.
7. Below-Grade Crawlspaces. Below-grade crawlspaces are allowed subject to standards found in FEMA’s Technical Bulletin 11-01, “Crawlspace Construction for Buildings Located in Special Flood Hazard Areas”:
a. The building must be designed and anchored to resist flotation, collapse, and lateral movement as a result of hydrodynamic and/or hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can be addressed through openings described below.
b. Crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless designed by an Oregon registered/licensed architect or professional engineer.
c. The crawlspace is an enclosed area below the base flood elevation (BFE) and must have openings equalizing hydrostatic pressures by allowing the automatic entry and exit of floodwaters with the bottom of each flood vent opening no more than one foot above the lowest adjacent exterior grade.
d. 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.
e. Any building utility systems within the crawlspace must be elevated above BFE or designed so floodwaters cannot enter or accumulate within the system components. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
f. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.
g. 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 feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analysis and building code requirements for flood hazard areas.
h. There must be a drainage system providing for removal of floodwaters from the interior area of the crawlspace such that the area is drained within a reasonable time after a flood event. The system will vary as a result of the site gradient and other drainage characteristics. Possible options include natural drainage through porous, well-drained soils and installation of drainage systems such as perforated pipes, drainage tiles, gravel or crushed stone top allowing for drainage by gravity or mechanical means.
i. 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. Floodway Not Established. Where a regulatory floodway has not been designated, no new construction, substantial improvement(s) or other development (including fill) is permitted within Zones A1-30 and AE on the city’s FIRM, unless it is demonstrated that the cumulative effect(s) of the proposed development, when combined with 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 city.
9. Floodway Established. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to areas designated as floodways:
a. No encroachments (including fill), new construction, substantial improvement(s) and other development shall occur unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments will not result in any increase in base flood or floodway elevations during a base flood discharge.
b. If subsection (B)(9)(a) of this section is satisfied, all new construction and substantial improvement(s) shall comply with all applicable flood hazard reduction provisions.
c. Manufactured dwellings may be located in floodways only under the following circumstances:
i. If there is an existing manufactured dwelling, placement was permitted at the time of the original installation and its continued use is not a threat to life, health, property, or the general welfare of the public; or
ii. A new manufactured dwelling is replacing an existing one where the original placement was permitted at the time and the replacement will not be a threat to life, health, property or the general welfare of the public; and
iii. The location of the dwelling meets all the following:
(A) Demonstration that the manufactured dwelling and any accessory building(s), structure(s) or other improvement(s) will not result in any increase in flood levels during the occurrence of a base flood discharge;
(B) The replacement dwelling and any accessory building(s)/structure(s) are elevated so that the bottom of the longitudinal chassis frame beam is at or above the BFE;
(C) The replacement dwelling is placed, anchored and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the city;
(D) The replacement dwelling, its foundation supports and any accessory building(s)/structure(s) or property improvement(s) do not displace water so as to cause a rise in water level or divert water in a manner likely to cause erosion/damage to other properties;
(E) The replacement dwelling is appropriately zoned; and
(F) Location of the replacement dwelling will not violate any other local, state or federal law.
10. Shallow Flooding Areas. The following restrictions apply in shallow flooding areas:
a. New construction and substantial improvements of residential structures and manufactured homes shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM and at least two feet if no depth number is specified.
b. New construction and substantial improvements of nonresidential structures shall either:
i. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or
ii. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level such that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect.
c. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
d. Recreational vehicles placed on sites must either:
i. Be on the site for fewer than 180 consecutive days; and
ii. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
iii. Meet the elevation and anchoring requirements for manufactured dwellings set out above.
11. Critical Facilities.
a. Construction of new critical facilities shall, to the extent possible, be located outside the limits of the special flood hazard area (SFHA) (100-year floodplain).
b. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the facility should be protected to the height noted. Flood-proofing and sealing measures must be taken to ensure that toxic substances 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. (Ord. 2-2019 § 2 (Exh. 1))
19.105.080 Variance and appeal procedure.
All variance requests are processed by the city according to the specifications set forth below.
A. The planning commission shall hear and decide requests for variances from the requirements of this chapter.
B. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination by the planning commission in the enforcement or administration of this chapter.
C. Those aggrieved by a decision of the planning commission who have standing in the land use procedure may appeal such decision to the city council.
D. 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 listed in subsections E to N of this section have been fully considered. As the lot size increases, the technical justification for issuing the variance increases.
E. In reviewing an application for variance to the floodplain standards, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of any proposed development and its contents to flood damage and the impact of such damage on the owner(s) thereof;
4. The importance of services provided by the proposed development facility to the city and community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative location(s) for the proposed use not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The 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. The 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.
F. Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to procedures set forth in this section, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
G. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
H. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
I. Variances will only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of the variance will not result in increased flood heights, additional threat(s) to public safety, extraordinary public expense, creation of a nuisance, cause fraud on or victimization of the public nor otherwise conflict with existing local laws or regulations.
J. 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, 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.
K. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry flood-proofing where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection D of this section and otherwise complies with FMC 19.105.070.
L. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
M. Upon consideration of the factors of subsection E of this section, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
N. The local floodplain administrator/director shall maintain records of all written notices, appeal actions, variance actions, including justification for their issuance, and shall report such variances to the Federal Insurance Administration upon request. (Ord. 2-2019 § 2 (Exh. 1))