Chapter 15.10 NATIONAL FLOOD INSURANCE PROGRAM

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A. “Appeal” means a request for a review of the Administrator’s interpretation of any provision of this chapter or of any request for a variance.

B. “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

C. “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. Designation on maps always includes the letter “A” or “V.”

D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letter “A” or “V.”

E. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides; provided, that a below-grade crawlspace shall not constitute a basement if:

1. The interior grade is not more than two feet below the lowest adjacent exterior grade;

2. The height of the below-grade crawlspace from the interior grade of the crawlspace to the top of the crawlspace foundation wall does not exceed four feet at any point;

3. The crawlspace is equipped with a drainage system adequate to effectively remove interior flood waters; and

4. The projected velocity of flood waters does not exceed five feet per second.

F. “Breakaway wall” means a wall that is not part of the structural support of the 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.

G. “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.

H. “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 or materials located within the area of special flood hazard.

I. “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.

J. “Elevation certificate” means the official form (FEMA Form 81-31) used to track development, provide floodplain information necessary to provide compliance with community floodplain management ordinances, and determine the proper insurance rate with Section B completed by the City Building Official.

K. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final side grading or the pouring of concrete pads) is completed before August 2, 1982.

L. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

M. “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;

2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or

3. Mudslides (i.e., mudflows) which are proximately caused by flooding.

N. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

O. “Flood Insurance Study” means the official report provided by the Federal Insurance Administrator that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

P. “Floodway” means the designated area shown on the FIRM that includes 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 the designated height of one foot.

Q. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant structure, 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 nonelevation design requirements found in EMC 15.10.050.

R. “Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

S. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured mobile home lots for rent or sale.

T. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the floodplain regulations codified in this chapter and includes any subsequent improvements to such structures.

U. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed on or after January 1, 2004.

V. “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 for use as temporary living quarters for recreational, camping, travel, or seasonal use, and not as a permanent dwelling.

W. “Start of construction” includes substantial improvement, and means the date the building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, replacement 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 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 foundation or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure, on the property. 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.

X. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Y. “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.

Z. “Substantial improvement” means any repair, 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 existing State or local health, sanitary, or safety code specifications which have been identified by the City Building Inspector and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a “historic structure.”

AA. “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.

BB. “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. 800 § 1, 2018; Ord. 752 § 1, 2015; Ord. 618 § 1, 2003; Ord. 501 § 9, 1996; Ord. 368 § 1, 1988; Ord. 259 § 1, 1982.]

15.10.020 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Everson. [Ord. 259 § 2, 1982.]

15.10.021 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study for Whatcom County, Washington and Incorporated Areas” dated January 18, 2019, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM) dated January 18, 2019, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at City of Everson, City Hall, 111 W. Main Street, Everson, WA, and are incorporated by this reference as if fully set forth herein. [Ord. 800 § 2, 2018; Ord. 752 § 2, 2015; Ord. 618 § 2, 2003; Ord. 259 § 3, 1982.]

15.10.022 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. [Ord. 259 § 4, 1982.]

15.10.023 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another code provision, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 259 § 5, 1982.]

15.10.024 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under State statutes. [Ord. 259 § 6, 1982.]

15.10.025 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood 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 of Everson, 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 thereunder. [Ord. 344 § 2, 1987; Ord. 259 § 7, 1982.]

15.10.030 Development permits required – Fee.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in EMC 15.10.021. The permit shall be for all structures, including mobile homes, as set forth in EMC 15.10.010, and for all other development including fill and other activities, also as set forth in EMC 15.10.010, Definitions. The permit shall be processed as a Class I action pursuant to the provisions of Chapter 16.01 EMC, and the permit application shall be accompanied by the fee scheduled in EMC 3.20.010. [Ord. 618 § 3, 2003; Ord. 501 § 10, 1996; Ord. 344 § 3, 1987; Ord. 259 § 8, 1982.]

15.10.031 Application.

Application for a development permit shall be made on forms furnished by the City and shall 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 material, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

B. Elevation in relation to mean sea level to which any structure has been floodproofed;

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in EMC 15.10.050; and

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. [Ord. 618 § 4, 2003; Ord. 501 § 11, 1996; Ord. 384 § 1, 1989; Ord. 344 § 4, 1987.]

15.10.032 Designation of Administrator for chapter.

The Mayor of the City of Everson or his or her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. [Ord. 800 § 3, 2018; Ord. 344 § 5, 1987; Ord. 259 § 9, 1982.]

15.10.033 Duties and responsibilities of Administrator.

Duties of the Administrator shall include, but not be limited to:

A. Permit Review.

1. Review all development permits to determine that the permit requirements of this chapter have been satisfied.

2. 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.

3. 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 EMC 15.10.060 (A) are met.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with EMC 15.10.021, Basis for establishing the areas of special flood hazard, the 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 EMC 15.10.050(A), Residential Construction, 15.10.050(B), Nonresidential Construction, and 15.10.060, Floodways.

C. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided through the Flood Insurance Study or as required in the preceding subsection, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required the preceding subsection:

a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and

b. Maintain the floodproofing certifications required in EMC 15.10.031(C).

3. Maintain for public inspection all records pertaining to the provisions of this chapter.

D. Alteration of Watercourses.

1. Notify adjacent communities and the State of Washington Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

2. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.

E. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (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 EMC 15.10.034 through 15.10.035. [Ord. 618 § 5, 2003; Ord. 380 § 1, 1989; Ord. 344 § 6, 1987; Ord. 259 § 10, 1982.]

15.10.034 Variances – Appeal authority.

A. A request for a variance from the requirements of this chapter shall be processed as a Class III action pursuant to the provisions of Chapter 16.01 EMC, and the variance application shall be accompanied by the fee scheduled in the City’s current master fee schedule adopted by resolution of the City Council.

B. An appeal of any requirement, decision, or determination made by the Administrator in the enforcement or administration of this chapter shall be processed pursuant to the provisions of EMC 16.01.150.

C. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and shall also consider:

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 the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of the waterfront location where applicable;

6. The availability of alternative locations, for the proposed use which are 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.

D. Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

E. The Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Ord. 842 § 2, 2023; Ord. 501 § 12, 1996; Ord. 344 § 7, 1987; Ord. 259 § 11, 1982.]

15.10.035 Conditions for variances.

A. Generally, variances may be issued 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 based flood level, providing EMC 15.10.034(C)(1) through (11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for their reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section; provided, 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.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

E. Variances shall 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 a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in EMC 15.10.034(C), or conflict with existing local laws or this code.

F. 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.

G. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water tight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection A of this section, and otherwise complies with EMC 15.10.040 and 15.10.041.

H. 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. 800 § 4, 2018; Ord. 368 § 2, 1988; Ord. 344 § 8, 1987; Ord. 259 § 12, 1982.]

15.10.040 Anchoring.

In all areas of special flood hazards:

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

B. All new manufactured homes must 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. [Ord. 344 § 9, 1987; Ord. 259 § 13, 1982.]

15.10.041 Construction materials and methods.

In all areas of special flood hazards:

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 and shall be elevated two feet or more above base flood elevation. [Ord. 843 § 1, 2023; Ord. 752 § 3, 2015; Ord. 618 § 6, 2003; Ord. 344 § 10, 1987; Ord. 259 § 14, 1982.]

15.10.042 Utilities.

In all areas of special flood hazards:

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;

C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

D. Water wells shall be located on high ground that is not in the floodway. [Ord. 800 § 5, 2018; Ord. 259 § 15, 1982.]

15.10.043 Subdivision proposals.

In all areas of special flood hazards:

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 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). [Ord. 618 § 7, 2003; Ord. 344 § 11, 1987; Ord. 259 § 16, 1982.]

15.10.044 Review of building permits.

Where elevation data is not available, either through the Flood Insurance Study or through another authoritative source, 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 at least two feet above grade in these zones may result in higher insurance rates. [Ord. 344 § 12, 1988; Ord. 259 § 17, 1982.]

15.10.050 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in EMC 15.10.021, Basis for establishing the areas of special flood hazard, or EMC 15.10.033(B), Use of Other Base Flood Data, the following provisions are required:

A. Residential Construction.

1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated two feet or more above base flood elevation.

2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be usable solely for parking of vehicles, building access or storage and 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:

a. A minimum of two openings having a total net area of not less than one square inch for each square foot of enclosed area subject to flooding shall be provided.

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 flood waters.

B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated two feet or more above the base flood elevation level; or, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed so that below two feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. 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 plan. Such certifications shall be provided to the official as set forth in EMC 15.10.033(C)(2)(b).

4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in the preceding subsection.

5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproof level (e.g., a building constructed to one foot above the base flood level will be rated as at the base flood level).

C. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the area of special flood hazard. Construction of new critical facilities shall be permissible within the area of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the area of special flood hazard shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. 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 floodplain shall be provided to all critical facilities to the extent possible.

D. Manufactured Homes.

1. All manufactured homes to be placed or substantially improved on sites:

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

c. In an expansion to an existing manufactured home park or subdivision; or

d. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated two feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated two feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

E. Recreational Vehicles. Recreational vehicles placed on sites are required to either:

1. Be on the site for fewer than 180 consecutive days; or

2. 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

3. Meet the requirements of subsection D of this section and the elevation and anchoring requirements for manufactured homes. [Ord. 843 § 2, 2023; Ord. 800 § 6, 2018; Ord. 618 § 8, 2003; Ord. 368 § 3, 1988; Ord. 344 § 13, 1987; Ord. 259 § 18, 1982.]

15.10.055 Accessory structures.

Accessory structures constructed or substantially improved within the SFHA shall conform to the requirements set forth in this section.

A. Accessory structures located in the SFHA with the lowest floor below the BFE may be wet floodproofed in lieu of being elevated or dry floodproofed without a variance, under the following conditions:

1. The accessory structure should be small, one story and 400 square feet or less in area, and represent a minimal investment; provided, that accessory structures of any size may be considered for a variance;

2. The accessory structure must meet the definition of “structure,” for floodplain management purposes, where “walled and roofed” shall be interpreted as having two outside rigid walls and a fully secured roof;

3. The accessory structure must be anchored to resist flotation, collapse, and lateral movement;

4. The portions of the accessory structure located below the BFE must be constructed with flood-resistant materials;

5. Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to two feet or more above the BFE;

6. Where applicable, the accessory structure must comply with the floodway encroachment provisions of this chapter;

7. The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings as set forth in EMC 15.10.050 and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons);

8. If the accessory structure is converted to another use, it must be brought into full compliance with the standards governing such use set forth in this chapter; and

9. The structure shall not be used for human habitation.

B. Accessory structures located in the SFHA with the lowest floor below the BFE that do not meet all of the conditions set forth in subsection A of this section shall require approval of a variance; provided, that any such accessory structure shall conform to the requirements set forth in subsections (A)(2) through (8) of this section.

C. Accessory structures located in the SFHA with the lowest floor elevated to or above the BFE where the lowest floor is used solely for limited storage and parking of vehicles shall be allowed without a variance.

D. Except as allowed pursuant to subsections A, B and C of this section, all accessory structures shall conform to the requirements set forth in EMC 15.10.050. [Ord. 843 § 3, 2023.]

15.10.060 Floodways.

Located within areas of special flood hazard established in EMC 15.10.020 and 15.10.021 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:

A. Encroachments, including fill, new construction, substantial improvements, and other development, are prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If EMC 15.10.060(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of EMC 15.10.040 through 15.10.044 and 15.10.050.

C. Construction or reconstruction of residential structures is prohibited within designated floodways, except for repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and to repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (1) before the repair, reconstruction is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures 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 to structures identified as historic places may be excluded from the 50 percent requirement. [Ord. 752 § 4, 2015; Ord. 618 § 9, 2003; Ord. 368 § 4, 1988; Ord. 259 § 19, 1982.]

15.10.065 Wetlands management.

Repealed. [Ord. 501 § 13, 1996; Ord. 368 § 5, 1988.]

15.10.070 AE and A1-30 zones with base flood elevations but no floodways.

In areas with base flood elevations (but where a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City’s FIRM, 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 of the base flood by more than one foot at any point within the City. [Ord. 752 § 5, 2015.]

15.10.075 Violation as public nuisance – Abatement.

Any structure or site the subject of construction or development in violation of the provisions of this chapter is declared to be a public nuisance subject to abatement by the City as a dangerous building. [Ord. 259 § 21, 1982.]