Chapter 18.08 FLOOD DAMAGE PREVENTION

(1) The flood hazard areas of the city of Kittitas 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 affects 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. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 1.2, 1988).

18.08.020 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and 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 hazards;

(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. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 1.3, 1988).

18.08.030 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses and development 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 and development 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 protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, and other development which may increase flood damage; and

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 1.4, 1988).

Article II. Definitions

18.08.040 Definitions.

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

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.

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

“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist; the path of flooding is unpredictable; and where velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding. Also referred to as the “sheet flow area.”

“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 the FIRM as zone A, AO, AH, A1-30, AE, A99, or AR. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

“ASCE 24” means the most recent published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

“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”).

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See “structure.”

“Building code” means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.

“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.

“Cumulative substantial damage” means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before damage occurred.

“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.

“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

“Elevation certificate” means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F), with Section B completed by community officials.

“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 final site grading or the pouring of concrete pads) is completed before the effective date of adopted floodplain management regulations.

“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).

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) (i) The overflow of inland or tidal waters.

(ii) The unusual and rapid accumulation of runoff of surface waters from any source.

(iii) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (a)(ii) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and when deposited along the path of the current.

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(i) of this definition.

“Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a “flood insurance study (FIS).”

“Flood insurance rate map (FIRM)” means the official map of a community, on which the Federal Insurance Administrator has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a “digital flood insurance rate map (DFIRM).”

Flood Insurance Study (FIS). See “flood elevation study.”

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “flood” or “flooding.”

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. “Floodproofed structures” are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior; or

(ii) Directly by the Secretary of the Interior in states without approved programs.

“Increased cost of compliance” means a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of substantial damage or as a result of cumulative substantial damage. (More information can be found in FEMA ICC Manual 301.)

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at KMC 18.08.280(2) (i.e., provided there are adequate flood ventilation openings).

“Manufactured home,” for the purposes of floodplain management, means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

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

“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.

“New construction” means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“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 final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

One-Hundred-Year Flood or 100-Year Flood. See “base flood.”

“Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable date known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade.

“Recreational vehicle” means a vehicle:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” for the purposes of floodplain management, means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

“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.

“Substantial improvement,” for the purposes of floodplain management, means any repair, reconstruction, rehabilitation, addition, or 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 work performed. The term does not, however, include either: (a) any project for improvement of a structure to correct precited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief by a community from the terms of a floodplain management regulation.

“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.

“Water surface elevation” means the height, in relation to the vertical datum utilized in the applicable flood insurance study, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 2, 1988).

Article III. General Provisions

18.08.050 Lands to which this chapter applies.

(44 CFR 59.22(a)). This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Kittitas. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.1, 1988).

18.08.060 Basis for establishing the areas of special hazard.

(44 CFR 60.3(c)(1)(d)(2)). The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled, “The Flood Insurance Study for Kittitas County, Washington and Incorporated Areas,” dated September 24, 2021, with the accompanying flood insurance rate map (FIRM) 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 Hall, P.O. Box 719, Kittitas, Washington, 98934. The best available information for flood hazard area identification as outlined in KMC 18.08.150 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under KMC 18.08.150. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.2, 1988).

18.08.065 Compliance.

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 21-016 (Exh. A)).

18.08.070 Penalties for noncompliance.

(1) 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.

(2) Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Kittitas from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.3, 1988).

18.08.080 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 ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.4, 1988).

18.08.090 Interpretation.

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

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.5, 1988).

18.08.100 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 Kittitas, any officer or employee thereof, or the Federal Insurance Administrator, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 3.6, 1988).

18.08.105 Severability.

The ordinance codified in this chapter and the various parts thereof are hereby declared to be severable. Should any section of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 21-016 (Exh. A)).

Article IV. Administration

18.08.110 Establishment of development permit.

(1) Development Permit Required (44 CFR 60.3(b)(1)). A development permit shall be obtained before construction or development begins within any area of special flood hazard established in KMC 18.08.060. The permit shall be for all structures including manufactured homes, as set forth in KMC 18.08.040, Definitions, and for all development including fill and other activities, also as set forth in KMC 18.08.040, Definitions.

(2) Application for Development Permit. Application for a development permit shall be made on forms furnished by the floodplain administrator 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:

(a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by the floodplain administrator;

(b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in KMC 18.08.290; and

(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

(e) Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

(f) Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.1, 1988).

18.08.120 Designation of the floodplain administrator.

(44 CFR 59.22(b)(1)). The mayor or his/her appointee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. (Ord. 21-016 (Exh. A); Ord. 16-007 § 1; Ord. 04-732 § 1; Ord. 397 § 4.2, 1988).

18.08.130 Duties and responsibilities of the floodplain administrator.

Duties of the floodplain administrator shall include, but not be limited to, KMC 18.08.140 through 18.08.180. (Ord. 21-016 (Exh. A); Ord. 16-007 § 1; Ord. 04-732 § 1; Ord. 397 § 4.3, 1988).

18.08.140 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 (44 CFR 60.3(a)(2)).

(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 KMC 18.08.340(1) are met.

(4) Review all development permits to determine that the site is reasonably safe from flooding.

(5) Notify FEMA when annexations occur in the special flood hazard area.

(6) Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.3-1, 1988).

18.08.150 Use of other base flood data (in A zones).

(44 CFR 60.3(b)(4)). When base flood elevation data has not been provided (in A zones) in accordance with KMC 18.08.060, Basis for establishing the areas of special hazard, the floodplain 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 KMC 18.08.270, Specific standards, and KMC 18.08.340, Floodways. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.3-2, 1988).

18.08.160 Information to be obtained and maintained.

(44 CFR).

(1) Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KMC 18.08.150, obtain and maintain a record of the actual (as-built) 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 (44 CFR 60.3(b)(5)(i)) recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official.

(2) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM or as required in KMC 18.08.150:

(a) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed (44 CFR 60.3(b)(5)(ii);

(b) Maintain the floodproofing certifications required in KMC 18.08.110(2)(c) (44 CFR 60.3(b)(5)(iii).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter (44 CFR 60.3(b)(5)(iii).

(4) Certification required by KMC 18.08.340(1) (floodway encroachments).

(5) Records of all variance actions, including justification for their issuance.

(6) Improvement and damage calculations. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.3-3, 1988).

18.08.170 Alteration of watercourses.

Whenever a watercourse is to be altered or relocated:

(1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means; and

(2) Assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.3-4, 1988).

18.08.180 Interpretation of firm boundaries.

Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., 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. 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 59-76). (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.3-5, 1988).

18.08.185 Variances.

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city of Kittitas to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 21-016 (Exh. A)).

18.08.190 Appeals board.

(1) The council as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the council, or any taxpayer, may appeal such decision to the superior court.

(4) In passing upon such applications, the council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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 chapter, the council or floodplain administrator may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The floodplain administrator or their designee shall maintain a record of all variance actions, including justification for their issuance, and report any variances to the Federal Insurance Administrator upon request.

(7) Any applicant to whom a variance is granted shall be given a written notice over the signature of a community official that:

(a) The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

(b) Such construction below the BFE increases risks to life and property. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.4-1, 1988).

18.08.200 Conditions for variances.

(44 CFR 60.6(a)(1 – 7)).

(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, provided the procedures of this chapter have been fully considered. As the lot size increases beyond one-half acre the technical justification required for issuing the variance increases.

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

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

(4) 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;

(c) 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, or conflict with existing local laws or ordinances;

(d) A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes facilities defined in KMC 18.08.040 in the definition of “functionally dependent use.”

(5) Variances shall only be issued for the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(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, 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 (2) of this section and otherwise complies with KMC 18.08.220, 18.08.240 and 18.08.250 of the general standards.

(8) Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 4.4-2, 1988).

Article V. Provisions for Flood Hazard Reduction

18.08.210 General standards.

In all areas of special flood hazards, the following standards are required. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1, 1988).

18.08.220 Anchoring.

(44 CFR 60.3(a)(b)).

(1) For the purposes of floodplain management and flood permitting requirements, all new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy (44 CFR 60.3(a)(3)(i)).

(2) All manufactured homes shall 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 (44 CFR 60.3(b)(8)). (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1-1, 1988).

18.08.230 Construction materials and methods.

(44 CFR 60.3(a)(3)(ii – iv)).

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) Electrical, heating, ventilation, plumbing, and air conditioning 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. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1-2, 1988).

18.08.235 Storage of materials and equipment.

(1) The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.

(2) Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. (Ord. 21-016 (Exh. A)).

18.08.240 Utilities.

(44 CFR 60.3(a)(5)(6)).

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2) Water wells shall be located on high ground that is not in the floodway (FEMA endorses the more restrictive WA floodway standards identification in WAC 173-160-171);

(3) 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

(4) On-site waste disposal systems shall be located to avoid impairment of them or contamination from them during flooding. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1-3, 1988).

18.08.250 Subdivision and other development proposals.

(44 CFR 60.3(a)(4)(b)(3)).

(1) All subdivision and other development proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision and other development proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

(3) All subdivision and other development proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) 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. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1-4, 1988).

18.08.260 Review of building permits.

(44 CFR 60.3(a)(3)). Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (KMC 18.08.150), applications for floodplain development 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. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.1-5, 1988).

18.08.265 Changes to special flood hazard area.

(1) If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate, and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR.

(2) If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the floodplain administrator to be attached to the floodplain development permit, including all required property owner notifications. (Ord. 21-016 (Exh. A)).

18.08.270 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in KMC 18.08.060, Basis for establishing the areas of special hazard, or KMC 18.08.150, Use of other base flood data (in A zones), additional standards were clarified in FEMA Technical Bulletin 11-01 to allow crawlspace construction for buildings located in the special flood hazard areas; however, adopting this provision can result in a 20 percent increase in flood insurance premiums. The following provisions are required. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.2, 1988).

18.08.280 Residential construction.

(44 CFR 60.3(c)(2)(5)).

(1) In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation (BFE). Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE. (Minimum FEMA standards require the lowest floor to be elevated “to or above” the BFE; however, adding an additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 percent. Adopting additional freeboard is strongly encouraged by FEMA.)

(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking access or storage 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. Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted. Insurance rates reflect an “all or nothing” standard, meaning partially ventilated crawlspaces may be subject to an additional loading fee of 20 to 25 percent attached to the annual insurance premium.

(d) A garage attached to a residential structure, constructed with the garage flood slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.

(3) Interior grades below the lowest exterior grade are prohibited unless the interior grade is above the BFE. Below-grade crawlspaces are permitted subject to the city’s approval upon application and a showing of good cause and subject to the following criteria:

(a) The interior grade is not more than two feet below the lowest adjacent exterior grade.

(b) The height of the below-grade crawlspace, as measured from the interior grade to the top of the crawlspace foundation wall, must not exceed four feet at any point.

(d) The velocity of floodwaters at the site is not more than five feet per second for any crawlspace.

(e) 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.

(f) The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

(g) 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.

(h) Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

(Buildings that have below-grade crawlspace may have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the lowest adjacent grade.)

Interpretation and application of these requirements shall be consistent with official FEMA Technical Bulletin 11-01, Guidance on Crawlspace Construction.

(4) New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in KMC 18.08.320.

(5) New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade. (Ord. 21-016 (Exh. A); Ord. 10-005 § 1; Ord. 04-732 § 1; Ord. 397 § 5.2-1, 1988).

18.08.290 Nonresidential construction.

(44 CFR 60.3(c)(3)(4)). New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (1) or (2) of this section. Applicants who are floodproofing nonresidential buildings should be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly.

(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

(a) In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained:

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE, or as required by ASCE 24, whichever is greater.

(b) If located in an AO zone, the structure shall meet the requirements in KMC 18.08.320.

(c) If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

(d) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage, 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:

(i) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(ii) The bottom of all openings shall be no higher than one foot above grade.

(iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.

(iv) A garage attached to a structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.

(2) If the requirements of subsection (1) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

(a) Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater;

(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 certifications shall be provided to the official as set forth in KMC 18.08.160(2).

(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in KMC 18.08.280(2). (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.2-2, 1988).

18.08.300 Manufactured homes.

(44 CFR 60.3(c)(6)(12)). All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Applicants who are floodproofing nonresidential buildings should be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level, e.g., a building floodproofed to the base flood level will be rated as one foot below. Floodproofing the building an additional foot will reduce insurance premiums significantly. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.2-4, 1988. Formerly 18.08.310).

18.08.310 Recreational vehicles.

(44 CFR 60.3(c)(14)). Recreational vehicles placed on sites are required to either:

(1) Be on the site fewer than 180 consecutive days; or

(2) Be fully licensed and ready for highway use, on 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 KMC 18.08.300 and the elevation and anchoring requirements for manufactured homes. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1).

18.08.320 Communities with shallow flooding identified as an AO zone on flood insurance rate maps (FIRMs).

Standards for shallow flooding areas (AO zones) (44 CFR 60.3(c)(7)(8)). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this code, the following provisions also apply in AO zones:

(1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). Minimum standards require the lowest floor to be elevated “to or above” the BFE; however, adding an additional foot of freeboard increases safety and can significantly reduce insurance premiums.

(2) New construction and substantial improvements of nonresidential structures within AO zones shall either:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified), recorded on a current elevation certificate (FF 81-31) with Section E completed; or

(b) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in KMC 18.08.290(2)(c).

(3) Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(4) Recreational vehicles placed on sites within AO zones on the community’s FIRM are required to either:

(a) Be on the site for fewer than 180 consecutive days; or

(b) Be fully ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(c) Meet the requirements of subsections (1) and (2) of this section and the anchoring requirements for manufactured homes (KMC 18.08.220(2)). (Ord. 21-016 (Exh. A); Ord. 04-732 § 1).

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

(44 CFR 60.3(c)(10)). In areas with base flood elevations (but 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 community’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 elevation of the base flood more than one foot at any point within the community. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1).

18.08.340 Floodways.

(Note the more restrictive language for floodway development per Chapter 86.16 RCW). Located within areas of special flood hazard established in KMC 18.08.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that can carry debris, and increase erosion potential, the following provisions apply:

(1) 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 the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge (44 CFR 60.3(d)(3)).

(2) Construction or reconstruction of residential structures is prohibited within designated floodways (FEMA endorses the more restrictive WA floodway standard adopted in WAC 173-158-070), except for:

(a) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and

(b) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either:

(i) Before the repair, reconstruction, or repair is started; or

(ii) If the structure has been damaged, and is being restored, before the damage occurred.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent.

(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V, Provisions for Flood Hazard Reduction. (Ord. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.3, 1988. Formerly 18.08.320).

18.08.345 General requirements for other development.

All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the state building codes with adopted amendments and any city of Kittitas amendments, shall:

(1) Be located and constructed to minimize flood damage;

(2) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;

(3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(4) Be constructed of flood damage resistant materials;

(5) Meet the flood opening requirements of KMC 18.08.280(2); and

(6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. (Ord. 21-016 (Exh. A)).

18.08.350 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 or more above 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. 21-016 (Exh. A); Ord. 04-732 § 1; Ord. 397 § 5.2-3, 1988. Formerly 18.08.300).