Chapter 17.24
FLOOD DAMAGE PREVENTION
Sections:
17.24.020 Statement of purpose.
17.24.030 Methods of reducing flood losses.
17.24.050 General provisions – Lands to which this chapter applies.
17.24.060 General provisions – Basis for establishing the areas of special flood hazard.
17.24.070 General provisions – Compliance.
17.24.080 General provisions – Abrogation and greater restrictions.
17.24.090 General provisions – Interpretation.
17.24.100 General provisions – Warning and disclaimer of liability.
17.24.110 Administration – Establishment of development permit.
17.24.120 Administration – Designation of community development director.
17.24.130 Administration – Duties and responsibilities of community development director.
17.24.140 Administration – Variance procedure.
17.24.150 Provisions for flood hazard protection – General standards.
17.24.160 Provisions for flood hazard protection – Specific standards.
17.24.170 Provisions for flood hazard protection – Floodways.
17.24.175 AE and A1-30 zones with base flood elevations but no floodways.
17.24.200 Recreational vehicles.
17.24.010 Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.020 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 to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
(9) To participate in and maintain eligibility for flood insurance and disaster relief pursuant to the requirements of Chapter 86.16 RCW and Chapter 173-158 WAC. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.030 Methods of reducing flood losses.
In order to accomplish its purposes this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.040 Definitions.
Unless specifically defined in this section, 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:
(1) “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 waterbody.
(2) “Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
(3) “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. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
(4) “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
(5) “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”).
(6) “Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.
(7) “Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.
(8) “Critical facility” means a facility to 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, and installations which produce, use or store hazardous materials or hazardous waste.
(9) “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.
(10) “Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
(11) “Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, 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).
(12) Essential Facility. This term has the same meaning as “essential facility” defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.
(13) “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 the floodplain management regulations adopted by the community.
(14) “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).
(15) “Flood” or “flooding” means:
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(i) The overflow of inland or tidal waters; and/or
(ii) The unusual and rapid accumulation of runoff of surface waters from any source; and/or
(iii) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (15)(a)(ii) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(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 (15)(a)(i) of this section.
(16) “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).
(17) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards 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).
(18) “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See “flood or flooding.”
(19) “Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
(20) “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.
(21) “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
(22) “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 one foot designated height. Also referred to as “regulatory floodway.”
(23) “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.
(24) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(25) “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.
(26) “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 LMC 17.24.160(2).
(27) “Manufactured home” 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 connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
(28) “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.
(29) “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.
(30) “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this section.
(31) “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 adopted by the community.
(32) “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 data 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.
(33) “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;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(34) “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 a slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For 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.
(35) “Structure” means a walled or roofed building including a gas or liquid storage tank and a manufactured home that is principally above ground.
(36) “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.
(37) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.
(38) “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.050 General provisions – Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Longview. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.060 General provisions – Basis for establishing the areas of special flood hazard.
(1) Frequently Flooded Areas. Frequently flooded areas may include lands outside of Federal Emergency Management Agency defined floodplains and shall include:
(a) Areas Identified on the Flood Insurance Map(s). Those areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Cowlitz County and Incorporated Areas,” dated December 16, 2015, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto. The Flood Insurance Study and accompanying map(s) are hereby adopted by reference, declared part of this chapter, and are available for public review at the county.
(b) Use of Additional Information. The director may use additional flood information, such as provided by the Army Corps of Engineers, that is more restrictive or detailed than that provided in the Flood Insurance Study conducted by the Federal Emergency Management Agency to designate frequently flooded areas. The flood insurance maps are to be used as a guide for the county, project applicants and/or property owners, and the public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are identified, newer and more accurate information for flood hazard area identification shall be the basis for regulation, including photographs of past flooding, location of restrictive floodways, maps showing future build-out conditions, maps that show riparian habitat areas, or similar information. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2817 § 1, 2001; Ord. 2786 § 1, 2000).
17.24.070 General provisions – Compliance.
All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. 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. 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 or imprisoned in accordance with Chapter 1.33 LMC. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.080 General provisions – 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 chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.090 General provisions – 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. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.100 General provisions – 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, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.110 Administration – Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in LMC 17.24.060. This permit shall be for all structures including manufactured homes, as set forth in the definitions (LMC 17.24.040), and for all other development including fill and other activities, also as set forth in the definitions. Application for a development permit shall be made on forms furnished by the community development director, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in LMC 17.24.160(2);
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(5) Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
(6) Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.120 Administration – Designation of community development director.
The community development director is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.130 Administration – Duties and responsibilities of community development director.
Duties of the community development director shall include, but not be limited to:
(1) Permit Review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied;
(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of LMC 17.24.170(1) are met;
(d) Review all development permits to ensure the site is reasonably safe from flooding;
(e) Notify FEMA when annexations occur in the special flood hazard area.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with LMC 17.24.060, the community development director shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer LMC 17.24.160, specific standards, and LMC 17.24.170, floodways.
(3) Information to Be Obtained and Maintained.
(a) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (2) of this section, obtain and record the actual (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. Recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official;
(b) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (2) of this section:
(i) Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed, and
(ii) Maintain the floodproofing certifications required in LMC 17.24.110(3);
(c) Maintain for public inspection all records pertaining to the provisions of this chapter including all records of floodplain hazards, certificates of floodproofing, floodway encroachment certifications, variance actions including justification for their issuance, improvement and damage calculations, and flood elevation data.
(4) Alteration of Watercourses.
(a) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of watercourse, and submit evidence of such notification to the Federal Insurance Administration;
(b) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
(5) Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in LMC 17.24.145. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.140 Administration – Variance procedure.
(1) The appeal board of adjustment may consider applications for variances from the requirements of this chapter, subject to the provisions of this section.
(2) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that (a) the criteria of subsections (3), (4), and (5) of this section are met; (b) the structure or other development is protected by measures that minimize flood damages during the regulatory flood; and (c) the development will create no additional threats to public safety.
(3) Variances shall only be granted upon:
(a) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(b) 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, or conflict with Chapter 86.16 RCW or other laws, regulations, or ordinances.
(4) The following requirements and guidelines apply to the granting of variances:
(a) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
(b) Variances shall not be issued within a floodway if any increase in flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
(e) 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 there is low damage potential, and it complies with all other variance criteria.
(f) Any applicant to whom a variance from the lowest floor elevation standards is granted shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(5) Criteria. When acting on a variance request, the appeal board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger to life and property due to flooding, erosion damage, or materials swept onto other lands during flood events;
(b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(c) The importance of the services provided by the proposed use to the community;
(d) The necessity to the proposed use of a waterfront location, where applicable, and the availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
(e) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(f) The safety or access to the property in times of flood for ordinary and emergency vehicles;
(g) The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The cost 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.
(6) Conditions. The appeal board of adjustment may attach such reasonable conditions to the granting of the variance as may be appropriate to further the purposes of this code. Such conditions may include a requirement that the applicant record a document reciting the granting of the variance and providing notice of flood hazards.
(7) Reporting. The director shall report any variances to the Federal Insurance Director of the Federal Emergency Management Agency and the Department of Ecology upon request.
(8) The procedure for considering a variance application is the same as provided in LMC 17.24.145 as applicable. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.145 Appeals.
(1) A person aggrieved by the issuance or denial of a permit may appeal such action to the appeal board of adjustment, appointed pursuant to LMC 19.12.010. Any such appeal shall be filed in writing with the community development department within 20 calendar days of the issuance of the community development director’s decision, with the first day being the day after the decision is issued. The appeal shall specify the reasons therefor. The director shall provide the appeal board of adjustment with the findings and documentation relating to the decision being appealed. The appeal board of adjustment, following a de novo hearing, shall affirm, modify or reverse the director’s decision. The appellant carries the burden of proof on appeal.
(2) Upon the filing of an appeal with appropriate fee, the community development director shall set the public hearing before the appeal board of adjustment. If the appeal is filed 20 calendar days or more before the appeal board of adjustment’s regularly scheduled monthly meeting, the board shall hear the appeal at that meeting as set by the director. For appeals filed within 19 calendar days of the regularly scheduled monthly meeting, the appeal board of adjustment shall hear the appeal in the subsequent month.
(3) Notice of the time, date and place of the hearing shall be sent to the appellant and the permittee by first class mail prior to the public hearing. Legal notice of the hearing shall be published in a newspaper of general circulation and the subject property shall be posted with said notice not less than 10 calendar days prior to the public hearing.
(4) Within 10 calendar days after the public hearing, the appeal board of adjustment shall issue a written decision, including findings of fact on which its decision is based. Such written decision shall be available to the appellant and the public upon request. Appeals of appeal board of adjustment decisions shall be to a court of competent jurisdiction, pursuant to the Land Use Petition Act, Chapter 347, Washington Laws, 1995. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015).
17.24.150 Provisions for flood hazard protection – General standards.
In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation and Flood Hazard Areas” guidebook for additional techniques).
(2) Construction Materials and Methods.
(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Water wells shall be located on high ground that is not in the floodway;
(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during the flooding.
(4) Subdivision Proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage;
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
(5) Review of Building Permits. Where elevation data is not available through the Flood Insurance Study, FIRM, or from another authoritative source (LMC 17.24.130(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.160 Provisions for flood hazard protection – Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in LMC 17.24.060 or 17.24.130(2) the following provisions are required. (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.)
(1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation (BFE). Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.
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.
(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;
(d) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
(3) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood proofed 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; and
(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 LMC 17.24.130(3);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as is described in subsection (1) of this section;
(e) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level). (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.170 Provisions for flood hazard protection – Floodways.
Located within areas of special flood hazard established in LMC 17.24.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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;
(2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (a) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (b) repairs, construction 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 the 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 LMC 17.24.150 through 17.24.190. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.175 AE and A1-30 zones with base flood elevations but no floodways.
In areas with BFEs (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. 3464 § 1, 2022).
17.24.180 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 to three feet or more above the level of the base flood elevation at the site 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 floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.190 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones A1-30, AH, and AE on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of LMC 17.24.150. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015; Ord. 2786 § 1, 2000).
17.24.200 Recreational vehicles.
Recreational vehicles placed on sites within a special flood hazard area are required to either:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, on 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 LMC 17.24.190 and the elevation and anchoring requirements for manufactured homes. (Ord. 3464 § 1, 2022; Ord. 3307 § 1, 2015).
17.24.210 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 3464 § 1, 2022).