Chapter 18.50 FLOOD HAZARD AREAS

The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), in a scientific and engineering report entitled “Flood Insurance Study for the Unincorporated Areas of Yakima County,” dated March 2, 1998, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps, and any amendments which may thereafter be made by the Federal Emergency Management Agency, are adopted by reference and declared to be part of this chapter and are established as flood hazard areas. The flood insurance study and maps are on file at the Yakima County Courthouse Building, Yakima, Washington. (Ord. 2008-12 § 1 (Exh. A (18.05.20.010)), 2008).

18.50.020 Principles.

A. Recognizing the right and need of the river channel to periodically carry more than the normal flow of water and desiring to minimize loss of life and property, this chapter restricts uses and regulates structures to those that are consistent with the degree of flood hazard.

B. In advancing the above principles, the intent of this chapter and their application is:

1. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood-prone land;

2. To meet the minimum requirement of the National Flood Insurance Program;

3. To implement state and federal flood protection programs. (Ord. 2008-12 § 1 (Exh. A (18.05.20.030)), 2008).

18.50.030 Applicability.

The guidelines and regulations set forth herein, in GMC Title 15, Buildings and Construction, and in related International Codes shall apply to all special flood hazard areas within the jurisdiction of the city of Grandview and shall be utilized when considering the issuance of permits through the administrative of quasi-judicial processes within the city of Grandview.

A. The provisions of this chapter shall apply to any development proposed in a special flood hazard area.

B. Flood hazard permits shall be approved by the city of Grandview. City of Grandview approvals shall only be granted when in accordance with this chapter and other applicable local, state and federal regulations.

C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval.

D. The granting of a permit for any development or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city of Grandview, or any official or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result thereto. (Ord. 2008-12 § 1 (Exh. A (18.05.20.050)), 2008).

18.50.040 Exemptions.

The following uses and activities are exempt from the provisions of this chapter:

A. The alteration or substantial improvement of any structure listed on the National Register of Historic Places or a state inventory of historic places;

B. The installation and maintenance of aboveground utility transmission lines and poles;

C. Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the building official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse;

D. Construction and practices normal or necessary for agricultural uses. The construction of an accessory barn or similar agricultural structure, designed to have a low flood-damage potential, not involving substantial cutting, filling, or watercourse modification, is subject to GMC 18.50.090(C)(1) through (5). (Ref. IRC 323). (Ord. 2008-12 § 1 (Exh. A (18.05.20.060)), 2008).

18.50.050 Interpretations.

A. In the interpretation and application of this chapter, the provisions shall be considered as minimum requirements, shall be liberally construed in favor of the city of Grandview, and deemed neither to limit or repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of GMC Title 15, Buildings and Construction, GMC Title 16, Subdivisions, and GMC Title 17, Zoning, and the shoreline master program. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent requirement shall prevail.

B. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., 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. Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59, etc.). (Ref. IBC 104.1). (Ord. 2008-12 § 1 (Exh. A (18.05.20.070)), 2008).

18.50.060 Compliance.

No structure or land shall hereafter be used, constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 2008-12 § 1 (Exh. A (18.05.20.080)), 2008).

18.50.070 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 area of special flood hazards or uses permitted within such area will not be subject to flooding or flood damage. (Ord. 2008-12 § 1 (Exh. A (18.05.20.090)), 2008).

Article II. Flood Hazard Protection Standards

18.50.080 General standards.

The following regulations shall apply in all special flood hazard areas:

A. Anchoring and Construction Techniques.

1. All new construction and substantial improvements shall be:

a. Anchored to prevent flotation, collapse or lateral movement of the structure; and

b. Constructed using materials and utility equipment resistant to flood damage; and

c. Constructed using methods and practices that minimize flood damage; and

d. 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.

2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques). Anchoring shall meet the specifications set forth below for structures located within 100 feet of a floodway or the ordinary high water mark if no floodway has been established.

3. All new construction and any improvements or additions to existing flood-proofed structures that would extend beyond the existing flood-proofing located within 100 feet of the floodway or 100 feet of the ordinary high water mark if no floodway has been established shall be elevated to a height equal to or greater than the base flood, using zero-rise methods such as piers, posts, columns, or other methodology, unless it can be demonstrated that nonzero-rise construction methods will not impede the movement of floodwater or displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed to penetrate bearing soil, and be sufficiently anchored, as specified in subsection (A)(1) of this section.

4. Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted flood-proofing techniques.

B. Utilities. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C. Subdivision Proposals. Subdivision proposals shall:

1. Be consistent with the need to minimize flood damage;

2. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

3. Have adequate drainage provided to reduce exposure to flood damage; and

4. Include base flood elevation data.

D. Watercourse Alterations. The flood-carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. (Ord. 2008-12 § 1 (Exh. A (18.05.28.010)), 2008).

18.50.090 Specific standards.

In all special flood hazard areas where base elevation data has been provided as set forth in GMC 18.50.010, the following regulations shall apply, in addition to the general regulations of GMC 18.50.080:

A. Residential Construction. (Ref. IRC 323.2).

1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation.

2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. 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 every 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 floodwaters.

3. Residential construction within 100 feet of a floodway or the ordinary high water mark, if no floodway has been established, shall also meet the requirements of GMC 18.50.080(A)(3).

B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure, and any addition to an existing flood-proofed structure that would extend beyond the existing flood-proofing, shall either have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

1. Be flood-proofed so that below an elevation one foot above base flood level the structure is watertight, with walls substantially impermeable to the passage of water; and

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

3. Be certified by a registered professional engineer or architect that the design and method 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 certifications shall be provided to the building official;

4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section;

5. Meet the special standards for structures set forth in GMC 18.50.080(A)(3) if within 100 feet of a floodway or within 100 feet of the ordinary high water mark and no floodway has been established;

6. Applicants 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 constructed to the base flood level will be rated as one foot below the level). Flood-proofing the building an additional foot will reduce insurance premiums significantly. (Ref. IBC 1612.5).

C. Agricultural Construction. New construction and substantial improvement of any agricultural structure shall either have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation; or meet the flood-proofing requirements of subsection B of this section. Agricultural construction or other accessory structures that constitute a minimal investment and comply with the floodway encroachment standards may be exempt from the flood-proofing and elevation requirements of subsection B of this section when such structures, together with attendant utility sanitary facilities:

1. Have a low potential for structural flood damage;

2. Are designed and oriented to allow the free passage of floodwaters through the structure in a manner affording minimum flood damage; and

3. Ensure that all electrical and mechanical equipment subject to floodwater damage and permanently affixed to the structure be elevated a minimum of one foot above the base flood elevation or higher, or flood-proofed;

4. Are constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; and

5. Will not be used for human habitation.

All such structures shall be anchored to resist flotation, collapse, and lateral movement, and that only flood resistant materials be used for elements of these buildings below the base flood elevation.

D. Manufactured Homes.

1. Manufactured homes shall be anchored in accordance with GMC 18.50.080(A)(2), shall have the lowest floor elevated to or above the base flood elevation, and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with GMC 18.50.080(A)(2). (Ord. 2008-12 § 1 (Exh. A (18.05.28.020)), 2008).

Article III. Floodway Fringe Uses

18.50.100 Permitted uses.

The following uses are permitted in the floodway fringe areas:

A. Any use permitted in the zoning district in accordance with GMC Title 17, Zoning, unless prohibited by GMC 18.50.110.

B. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with the GMC Title 17, Zoning, and where not otherwise inconsistent with this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following:

1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately flood-proofed.

2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of GMC 18.50.120(B)(3).

3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. Burial depth in all other agricultural and nonagricultural floodway fringe or special flood hazard areas shall be determined on the basis of accepted engineering practice and in consideration of soil conditions and the need to avoid conflict with agricultural tillage.

4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected from flood damage.

5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is created, and shall be adequately flood-proofed. (Ord. 2008-12 § 1 (Exh. A (18.05.32.010)), 2008).

18.50.110 Prohibited uses.

The following uses shall be prohibited in floodway fringe areas:

A. New manufactured home parks and the expansion of manufactured home parks. (Ord. 2008-12 § 1 (Exh. A (18.05.32.020)), 2008).

Article IV. Floodway Uses

18.50.120 Permitted uses.

Permitted uses include any use permitted in the zoning district in accordance with GMC Title 17, Zoning; provided, that said use is in compliance with the flood hazard protection standards of Article II of this chapter and other applicable provisions of this division, and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of GMC 18.50.130(B):

A. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood flows causing channel-shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of GMC Title 17, Zoning, and this division (WAC-173-19-470).

B. Utility transmission lines, unless otherwise prohibited by this article; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following:

1. All utility transmission lines shall cross floodways by the most direct route feasible as opposed to paralleling floodways;

2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately flood-proofed;

3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and natural gas, water and sewage, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Grandview, shall assume the conditions of a 100-year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with this division;

4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features. Burial depth in all agricultural areas requiring or potentially requiring subsurface drainage shall be a minimum of six feet as measured from ground surface to the top of the transmission line, or at other such depth as deemed necessary by on-site investigations performed by a qualified soils expert familiar with Yakima County soils. Burial depth in all other agricultural and nonagricultural floodway areas shall be determined on the basis of accepted engineering practice and in consideration of soil conditions and the need to avoid conflict with agricultural tillage;

5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the level of the 100-year flood, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (B)(3) of this section;

6. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway;

7. Where a floodway has not been determined by preliminary Corps of Engineers’ investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified 100-year flood event.

C. Construction or reconstruction of residential structures only as authorized in GMC 18.50.130(C).

D. Improvements to existing residential structures that are not substantial improvements per GMC 18.20.395; provided, the improvement complies with the requirement set forth in GMC 18.50.130(B).

E. Water-dependent utilities and other installations which by their very nature must be in the floodway. Examples of such uses are: dams for domestic/industrial water supply, flood control and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this division and the shoreline management master program. In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing and otherwise comply with subsection B of this section.

F. Dikes; provided, that the applicant can provide evidence that:

1. Adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences;

2. Natural drainage ways are minimally affected in that their ability to adequately drain floodwaters after a flooding event is not impaired;

3. The proposal has been coordinated through the appropriate diking district where applicable, and that potential adverse effects upon other affected diking districts have been documented.

G. Roads and bridges, subject to the regulations of subsection B of this section. (Ord. 2008-12 § 1 (Exh. A (18.05.36.010)), 2008).

18.50.130 Prohibited uses.

The following uses/developments are prohibited in the floodway:

A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by GMC 15.72.060);

B. All encroachments, including fill, new construction and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge;

C. Construction or reconstruction of residential structures within designated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the assessed value of the structure either (a) before the repair, reconstruction or improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places shall not be included in the 50 percent. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter, including those set forth in subsection E of this section;

D. The construction or storage of any object subject to flotation or movement during flood level periods;

E. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited:

1. The filling of wetlands, except as authorized under Chapter 18.60 GMC, Fish and Wildlife Habitat and the Stream Corridor, and Chapter 18.70 GMC, Wetlands;

2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles and/or materials;

3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge;

F. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. (Ord. 2008-12 § 1 (Exh. A (18.05.36.020)), 2008).

Article V. Nonconforming Uses and Structures

18.50.140 Generally.

A. Within the special flood hazard areas established by this chapter or amendments thereto, there may exist structures and uses of land and structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.

B. It is the intent of this chapter to permit these lawful pre-existing nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of said chapter.

C. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to June 5, 1985, the date Yakima County enacted Ordinance 3-1985 in order to meet the requirements of the National Flood Insurance Program, and upon which actual building construction has been diligently carried on; namely, actual construction materials placed in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that work shall be diligently carried on until completion of the building involved. (Ord. 2008-12 § 1 (Exh. A (18.05.40.010)), 2008).

18.50.150 Nonconforming uses of land.

If on the effective date of this chapter a lawful use of land not conducted within a building exists that is made no longer permissible under the terms of said chapter as adopted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of the lot of record than that which it occupied at the effective date of adoption or amendment of this chapter.

B. At such time as a structure is erected thereon, the structure and the use of the land shall conform to the regulations specified by this chapter and GMC Title 17, Zoning. (Ord. 2008-12 § 1 (Exh. A (18.05.40.020)), 2008).

18.50.160 Nonconforming structures.

A. If on the effective date of this chapter a structure is nonconforming only because the structure is not in conformance with the applicable elevation and/or flood-proofing requirement of said chapter and GMC Title 17, Zoning; provided, that the degree of nonconformity shall not be increased and the applicable elevation and/or flood-proofing requirements of this division shall be observed, any structural alterations or enlargements of an existing structure under such conditions shall not increase the degree of nonconformity.

B. A structure, nonconforming only because the structure is not in conformance with the applicable elevation and/or flood-proofing requirements of this chapter, destroyed to an extent such that restoration costs would exceed 50 percent of the assessed value of the structure immediately prior to such occurrence, shall be considered completely destroyed and shall be required to meet all applicable requirements of this division and GMC Title 17, Zoning, upon restoration. (Ord. 2008-12 § 1 (Exh. A (18.05.40.030)), 2008).

18.50.170 Improvements.

Nothing in this chapter shall be construed to restrict normal structural repair and maintenance activities, including replacement of walls, fixtures and plumbing; provided, that the value of work and materials in any 12-month period does not exceed 25 percent of the assessed value of the structure prior to such work. (Ord. 2008-12 § 1 (Exh. A (18.05.40.040)), 2008).

18.50.180 Restoration.

Nothing in this chapter shall be deemed to prohibit the restoration of the structural portions of a nonconforming use within six months from the date of its accidental damage by fire, explosion, or act of God; provided, that the applicable elevation and/or flood-proofing requirements of said chapter shall be adhered to if the structure is destroyed. A structure shall be considered to be destroyed if the restoration costs exceed 50 percent of the assessed value. (Ord. 2008-12 § 1 (Exh. A (18.05.40.050)), 2008).

18.50.190 Discontinuance.

If the nonconforming use is discontinued for a period of 12 consecutive months or more, the nonconforming status of the use is terminated and any future use of the land or structures shall be in conformity with the provisions of this division. The mere presence of a structure, equipment, or material shall not be deemed to constitute the continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use. The ownership of property classed as nonconforming may be transferred without that fact alone affecting the right to continue such nonconforming use. (Ord. 2008-12 § 1 (Exh. A (18.05.060)), 2008).

Article VI. Flood Hazard Protection Administration

18.50.200 Administration.

The chief building official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of this chapter and may prepare and require the use of such forms as are essential to such administration. (Ord. 2008-12 § 1 (Exh. A (18.05.44.010)), 2008).

18.50.210 Authority.

Upon application, the chief building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the critical areas ordinance. (Ord. 2008-12 § 1 (Exh. A (18.05.44.020)), 2008).

18.50.220 Permit – Required.

Prior to any development within a special flood hazard area a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in Chapter 18.30 GMC. (Ord. 2008-12 § 1 (Exh. A (18.05.44.030)), 2008).

18.50.230 Permit – Application.

All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in the Grandview Municipal Code, using the forms supplied. The application shall not be considered complete until the following minimum information is provided:

A. Name, address and telephone number of applicant;

B. Name, address and telephone number of property owner;

C. Project description and taxation parcel number;

D. Name of the stream or body of water associated with the floodplain in which the development is proposed;

E. Site plan map showing:

1. Actual dimensions and shape of the parcel to be built on;

2. Sizes and location of existing structures on the parcel to the nearest foot;

3. Location and dimensions of the proposed development, structure or alteration;

4. Location, volume and type of any proposed fill;

5. The application shall include such other information as may be required by the administrative official, to clarify the application, including existing or proposed building or alteration, existing or proposed uses of the building and land, and number of families, housekeeping units or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter;

F. Information required by other sections of this chapter. (Ord. 2008-12 § 1 (Exh. A (18.05.44.040)), 2008).

18.50.240 Permit – Review.

Flood hazard permit applications will be reviewed to determine:

A. That the flood-proofing requirements and other provisions of this chapter have been satisfied;

B. If the proposed development is located in the floodway, the floodway encroachment provisions of GMC 18.50.130(B) are met;

C. If the proposed development includes the alteration or relocation of a watercourse, the provisions of GMC 18.50.080(D) are met;

D. That the proposed development is a use permitted under this chapter and GMC Title 17, Zoning;

E. That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (Ord. 2008-12 § 1 (Exh. A (18.05.44.050)), 2008).

18.50.250 Use of available data.

When base flood elevation data has not been provided in accordance with GMC 18.50.010, Flood hazard areas established, the city of Grandview 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 GMC 18.50.090, Specific standards; GMC 18.50.130, Prohibited uses; and Chapter 18.40 GMC, Enforcement and Penalties. (Ord. 2008-12 § 1 (Exh. A (18.05.44.060)), 2008).

18.50.260 Limitations.

Permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of this chapter and punishable as provided by Chapter 18.40 GMC, Enforcement and Penalties. (Ord. 2008-12 § 1 (Exh. A (18.05.44.070)), 2008).

18.50.270 Permit – Expiration and cancellation.

If the work described in any permit has not begun within 180 days from the date of issuance thereof, the permit shall expire and be canceled by the chief building official. (Ord. 2008-12 § 1 (Exh. A (18.05.44.080)), 2008).

18.50.280 Performance bonds.

A. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under this chapter. Bonds, if required, shall be furnished by the property owner, or other person or agent in control of the property.

B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the department in an amount equal to that which would be required in the surety bond. (Ord. 2008-12 § 1 (Exh. A (18.05.44.090)), 2008).

18.50.290 Appeals.

The decision to grant, grant with conditions or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Chapter 18.30 GMC. (Ord. 2008-12 § 1 (Exh. A (18.05.44.100)), 2008).

18.50.300 Coordination.

Upon application, the chief building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this division. (Ord. 2008-12 § 1 (Exh. A (18.05.44.110)), 2008).

Article VII. Elevation and Flood-Proofing Certification

18.50.310 Applicability.

Certification shall be provided to verify that the minimum flood-proofing and elevation standards of Article II of this chapter have been satisfied. Certification shall be required only for the new construction or substantial improvement of any residential, commercial, industrial or nonresidential structure located in a special flood hazard area, except that agricultural and certain accessory structures constructed in accordance with the standards of GMC 18.50.090(C) shall not require certification. Such structures are still subject to elevation or flood-proofing certification for flood insurance purposes. (Ord. 2008-12 § 1 (Exh. A (18.05.48.010)), 2008).

18.50.320 Certification form.

The form of the elevation and flood-proofing certificate shall be specified by the chief building official and shall be generally consistent with that required by FEMA for the administration of the National Flood Insurance Program. (Ord. 2008-12 § 1 (Exh. A (18.05.48.020)), 2008).

18.50.330 Information to be obtained and maintained.

The elevation and flood-proofing certificate shall verify the following flood hazard protection information:

A. 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;

B. The actual elevation (in relation to mean sea level) of flood-proofing of all new or substantially improved flood-proofed structures, and that the flood-proofing measures utilized below the base flood elevation render the structure watertight, with walls substantially impermeable to the passage of water;

C. Where a base flood elevation has not been established according to GMC 18.50.010, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) as related to the highest adjacent grade, and whether or not the structure contains a basement. (Ord. 2008-12 § 1 (Exh. A (18.05.48.030)), 2008).

18.50.340 Certification responsibility.

The project proponent shall be responsible for providing required certification data to the chief building official prior to the applicable construction inspection specified in the certification form. All elevation and flood-proofing data specified in GMC 18.50.330 must be obtained and certified by a registered professional engineer, architect, or surveyor. The elevation and flood-proofing certification shall be permanently maintained by the chief building official. (Ord. 2008-12 § 1 (Exh. A (18.05.48.040)), 2008).

Article VIII. Variances

18.50.350 Procedure.

Any person seeking a variance from the requirements of this chapter authorized under GMC 18.50.360 shall make such request in writing to the department on forms supplied by the department. Upon receipt of a completed application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners of adjacent property within 20 days of the receipt of completed application and fee. The notice shall solicit written comment on the variance request and specify a time period not less than 10 days from the date of mailing, during which written comments may be received and considered. The notice shall also state that copies of the administrative official’s final decision will be mailed upon request. The administrative official may also solicit comments from any other person or public agency he or she feels may be affected by the proposal. (Ord. 2008-12 § 1 (Exh. A (18.05.52.010)), 2008).

18.50.360 Variance limitations.

A. Variances shall be limited solely to the consideration of:

1. Elevation requirements for lowest floor construction;

2. Elevation requirements for flood-proofing;

3. The type and extent of flood-proofing.

B. Variances shall not be considered for any procedural or informational requirements or use prohibitions of this chapter. (Ord. 2008-12 § 1 (Exh. A (18.05.52.020)), 2008).

18.50.370 Conditions for authorization.

Before a variance to the provisions of this chapter may be authorized, it shall be shown that:

A. There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; and

B. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; and

C. Such a variance is the minimum necessary, considering the flood hazard, to afford relief; and

D. Failure to grant the variance would result in exceptional hardship to the applicant; and

E. The granting of such a variance will not result in:

1. Increased flood heights;

2. Additional threats to public safety;

3. Creation of nuisances;

4. Extraordinary public expense;

5. Conflicts with other existing local laws or ordinances. (Ord. 2008-12 § 1 (Exh. A (18.05.52.030)), 2008).

18.50.380 Administrative official’s decision.

After considering any comments received from other agencies, jurisdictions or adjoining property owners, the administrative official shall approve, approve with conditions, or deny the variance request. The administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based. (Ord. 2008-12 § 1 (Exh. A (18.05.52.040)), 2008).

18.50.390 Notification and final decision.

The decision shall be issued within seven days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copy. (Ord. 2008-12 § 1 (Exh. A (18.05.52.050)), 2008).

18.50.400 Power to refer decisions.

In exercising the duties and powers of implementing and administrating this chapter, the administrative official may refer any variance application to the hearing examiner for action at a public hearing. (Ord. 2008-12 § 1 (Exh. A (18.05.52.060)), 2008).

18.50.410 Appeals.

Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in GMC 18.30.130, Development authorization – Review procedure. (Ord. 2008-12 § 1 (Exh. A (18.05.52.070)), 2008).

Article IX. Map Correction Procedures

18.50.420 Federal flood hazard map correction procedures.

The procedures for federal flood hazard map correction, as provided in federal regulations, 44 CFR Part 70, of the National Flood Insurance Program, are hereby adopted by reference. (Ord. 2008-12 § 1 (Exh. A (18.05.72.010)), 2008).