Chapter 18.70
SD/FHA SPECIAL DISTRICT – FLOOD HAZARD AREA
Sections:
18.70.020 Statement of purpose.
18.70.030 Permitted uses and dimensional standards.
18.70.040 Methods of reducing flood losses.
18.70.050 Designation of flood hazard area.
18.70.060 Penalties for noncompliance.
18.70.070 Abrogation and greater restrictions.
18.70.090 Warning and disclaimer of liability.
18.70.100 Development permit and site review required.
18.70.110 Application for development permit.
18.70.120 Designation of the local administrator.
18.70.130 Duties and responsibilities of the local administrator.
18.70.140 Variance procedure for flood hazard area.
18.70.150 Conditions for variances – Flood hazard area.
18.70.160 Provisions for flood hazards.
18.70.010 Intent.
To serve as an overlay district intended to provide notification to property owners that they should have their property elevations surveyed for compliance with flood criteria based on the following findings of fact:
(1) The flood hazard areas of the city of Myrtle Creek 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.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. [Ord. 508 § 3.40.1, 1982].
18.70.020 Statement of purpose.
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:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To 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) To 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) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. [Ord. 508 § 3.40.2, 1982].
18.70.030 Permitted uses and dimensional standards.
All uses and structures within the special district/flood hazard area shall conform to the regulations of both the special (overlay) district and the underlying general district. In the event of a conflict in regulations, the more restrictive shall govern. [Ord. 508 § 3.40.3, 1982].
18.70.040 Methods of reducing flood losses.
In order to accomplish its purposes, this district provides methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protection barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage;
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas; and
(6) Coordinating and supplementing the provisions of the state building code with local land use and development ordinances. [Ord. 508 § 3.40.4, 1982].
18.70.050 Designation of flood hazard area.
This overlay district shall apply to all areas of special flood hazards within the jurisdiction of the city of Myrtle Creek, as follows:
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the County of Douglas,” dated February 17, 2010, with accompanying Flood Insurance Maps, are hereby adopted by reference and declared to be a part of this title. The Flood Insurance Study is on file at Myrtle Creek City Hall, 207 NW Pleasant Street, Myrtle Creek, Oregon. The best available information for flood hazard area identification as outlined in MCMC 18.70.130(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under MCMC 18.70.130(2). [Ord. 508 § 3.40.5, 1982].
18.70.060 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations. [Ord. 508 § 3.40.6, 1982].
18.70.070 Abrogation and greater restrictions.
This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, state building code, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 508 § 3.40.7, 1982].
18.70.080 Interpretation.
In the interpretation and application of this title, all provisions shall be held to be minimum requirements and shall be liberally construed in favor of the governing body, and shall not be deemed to limit or repeal any other powers granted under state statutes and rules including the state building code. [Ord. 508 § 3.40.9, 1982].
18.70.090 Warning and disclaimer of liability.
The degree of flood protection required by this district 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 title 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 title shall not create liability on the part of the city of Myrtle Creek, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this title or any administrative decision lawfully made hereunder. [Ord. 508 § 3.40.10, 1982].
18.70.100 Development permit and site review required.
A development permit (plan check certificate, building permit or placement permit) shall be obtained before construction or development begins within any area of special flood hazard established in MCMC 18.70.050. The permit shall be for all structures, including manufactured homes, and for all development including fill, removal of vegetation along streambanks and other activities as set forth in Chapter 18.10 MCMC (Definitions) under “Development.” A site review in accordance with the procedures pertaining to the underlying general district shall be conducted before construction or development begins. The planned development concept is encouraged within the flood hazard area and may be required as a condition of approval where the imposition of supplemental standards is authorized by this title or MCMC Title 17. [Ord. 508 § 3.41.1, 1982].
18.70.110 Application for development permit.
Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level of floodproofing in any structure;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in MCMC 18.70.180(2);
(4) Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development; and
(5) Description of the extent to which any streambank vegetation is proposed to be removed and steps to be taken to mitigate the impact of any such removal. [Ord. 508 § 3.41.2, 1982].
18.70.120 Designation of the local administrator.
The city administrator of the city of Myrtle Creek is hereby appointed to administer and implement this title by granting or denying development permit applications in accordance with its provisions. [Ord. 508 § 3.41.3, 1982].
18.70.130 Duties and responsibilities of the local administrator.
Duties of the local administrator shall include, but not be limited to:
(1) Permit Review.
(a) Review all development permits to determine that the permit requirements and conditions of this title have been satisfied;
(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of MCMC 18.70.190(1) are met.
(2) Use of Other Base Flood Data (In A Zones). When base flood elevation data has not been provided (A Zones) in accordance with MCMC 18.70.050, Designation of flood hazard area, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer MCMC 18.70.180, Specific standards, and MCMC 18.70.190, Floodways.
(3) Information to Be Obtained and Maintained.
(a) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (2) of this section, 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 or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in subsection (2) of this section:
(i) Verify and record the actual elevation to which the structure has been floodproofed (in relation to mean sea level); and
(ii) The city shall obtain and maintain the FEMA floodproofing certifications required in MCMC 18.70.110(3).
(c) Maintain for public inspection all records pertaining to the provisions of this district.
(4) Alteration of Watercourses.
(a) Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(5) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazard (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 the interpretation as provided in MCMC 18.70.140. [Ord. 508 § 3.41.5, 1982].
18.70.140 Variance procedure for flood hazard area.
(1) The planning commission shall hear and decide appeals and requests for variances from the requirements of this title.
(2) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city in the enforcement or administration of this title.
(3) Those aggrieved by the decision of the city, or any taxpayer, may appeal such decision as provided in Chapter 18.190 MCMC.
(4) In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 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
(k) 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.
(5) Upon consideration of the factors of subsection (4) of this section and the purposes of this title, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title.
(6) The local floodplain administrator shall maintain the records and report any variances to the Federal Insurance Administration upon request. [Ord. 508 § 3.41.6, 1982].
18.70.150 Conditions for variances – Flood hazard area.
(1) 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 MCMC 18.70.140(4)(a) through (k) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
(2) 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.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(6) 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, or 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.
(7) 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 except subsection (1) of this section and otherwise complies with MCMC 18.70.170(1) and (2).
(8) 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. [Ord. 508 § 3.41.7, 1982].
18.70.160 Provisions for flood hazards.
In areas of flood hazard, the provisions of MCMC 18.70.170 through 18.70.190 shall apply. [Ord. 508 § 3.42.0, 1982].
18.70.170 General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(b) 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 (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
(2) Construction Materials and Methods.
(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c) 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.
(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 the Oregon Department of Environmental Quality.
(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 and 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 or is not available from another 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) Streambank Vegetation Removal. Streambank vegetation within the flood hazard area shall, as much as feasible, be retained to protect the stability of the streambank. Such vegetation may be removed only if it is found that it will have no adverse impact on streambank stability or will be replaced to mitigate the adverse impact.
(6) Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (MCMC 18.70.130(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate the lowest floor at least two feet above grade in these zones may result in higher insurance rates. [Ord. 508 § 3.42.1, 1982].
18.70.180 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided (Zones A-1-30, AH, AE) as set forth in MCMC 18.70.050, Designation of flood hazard area, or MCMC 18.70.130(2), Use of Other Base Flood Data (in A Zones), the following provisions are required:
(1) Residential Construction.
(a) 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.
(b) 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 either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(i) 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;
(ii) The bottom of all openings shall be no higher than one foot above grade; and
(iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.
(2) 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 or above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
(a) Be floodproofed so 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;
(c) Be certified by a 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 certification shall be provided to the official as set forth in MCMC 18.70.130(3);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section; and
(e) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).
(3) Manufactured Homes.
(a) All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the bottom of the longitudinal chassis frame beam shall be at or above the base flood elevation. Electrical crossover connections shall be a minimum of 12 inches above the base flood elevation. Crossover ducts are allowed below BFE, but shall be constructed to prevent flood waters from entering or accumulating within system components.
(b) The manufactured dwelling shall be securely anchored to an adequately anchored foundation to prevent flotation, collapse, or lateral movement.
(c) Electrical crossover connections shall be a minimum of 12 inches above base flood elevation.
(d) Crossover ducts may be installed below BFE, but must be constructed to prevent flood waters from entering or accumulating within system components.
(4) Recreational Vehicles. Recreational vehicles placed on sites within the floodplain are required to either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use, be on their 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
(c) Meet the requirements of MCMC 18.70.100 (Development permit and site review required) and the elevation and anchoring requirements for manufactured homes found in subsection (3) of this section.
(5) Accessory Structures. Accessory structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds) are allowed in nonelevated areas as long as they are wet floodproofed. “Low cost small structure” is defined as a structure less than 200 square feet and has a minimal investment and designed to have a low-cost damage potential. The following requirements must be adhered to in order to approve accessory structures in a floodplain:
(a) Structure must be anchored to resist flotation, collapse, and lateral movement;
(b) Portions of the structure below the base flood elevation (BFE) must be constructed of flood-resistant material;
(c) Structure must be designed to allow for automatic entry of flood waters;
(d) Mechanical and utility equipment must be elevated or floodproofed to or above the BFE;
(e) Structure must comply with the floodway encroachment provisions of the NFIP regulations;
(f) Structure use must be limited to parking or limited storage.
(6) Below-Grade Crawlspaces. Note: Floodplain insurance premiums are higher for a structure built with a below-grade crawlspace, even if the crawlspace meets the FEMA specifications (see FEMA Technical Bulletin 11-01), than for the same structure built with a crawlspace that has the inside grade of the crawlspace at the same level as the outside grade.
Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:
(a) 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 subsection (6)(b) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five 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.
(b) 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 flood waters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.
(c) 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 the BFE.
(d) Any building utility systems within the crawlspace must be elevated above the BFE or designed so that flood waters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from flood waters.
(e) The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.
(f) 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 analyses and building code requirements for flood hazard areas.
(g) There must be an adequate drainage system that removes flood waters 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.
(h) The velocity of flood waters 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.
(7) In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE, 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. [Ord. 836 § 1 (Exh. A), 2020; Ord. 798 § 1 (Exh. A), 2015; Ord. 508 § 3.42.2, 1982].
18.70.190 Floodways.
Located within areas of special flood hazard established in MCMC 18.70.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1) Except as provided in subsection (3) of this section, prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of MCMC 18.70.160, Provisions for flood hazards.
(3) Projects for stream habitat restoration may be permitted in the floodway, provided:
(a) The project qualifies for a Department of the Army, Portland District Regional General Permit for Stream Habitat Restoration (NWP-2007-1023); and
(b) 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
(c) No structures would be impacted by a potential rise in flood elevation; and
(d) An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval. [Ord. 798 § 1 (Exh. A), 2015; Ord. 508 § 3.42.3, 1982].
18.70.200 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). 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 the BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. 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. 798 § 1 (Exh. A), 2015; Ord. 508 § 3.42.4, 1982].