Chapter 15.36
FLOOD DAMAGE PREVENTION
Sections:
15.36.010 Statement of purpose.
15.36.030 Applicability of provisions.
15.36.040 Basis for establishing the areas of special flood hazard.
15.36.050 Penalties for noncompliance.
15.36.060 Abrogation and greater restrictions.
15.36.070 Interpretation of provisions.
15.36.080 Warning and disclaimer of liability.
15.36.090 Development permit required.
15.36.100 Application for development permit.
15.36.110 Administrator designated.
15.36.120 Duties and responsibilities of the administrator.
15.36.170 Coastal high hazard areas.
15.36.180 Detached accessory structures (detached garages and small storage structures).
15.36.010 Statement of purpose.
A. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. In order to accomplish its purpose, 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 may increase flood hazards in other areas.
(Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.015 Severability.
If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. (Ord. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017: Ord. 990 § 1 (part), 2017)
15.36.020 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
“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.
“Appeal” means a request for a review of the building inspector or his or her supervisor’s interpretation of any provision of this chapter or a request for a variance.
“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
“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. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “one-hundred-year flood.” Designation on maps always includes the letters A or V.
“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 sub-grade (below ground level) on all sides.
“Breakaway wall” means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
“Coastal high hazard area” means the special flood hazard areas (SFHAs) along the coasts that have additional hazards due to wind and wave action. These areas are identified on Flood Insurance Rate Maps (FIRMs) as zones V, V1-V30 and VE.
“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.
“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:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) 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 deposited along the path of the current.
2. 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 (1)(a) 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 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).
“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“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 one foot. 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 shipbuilding 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:
1. 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;
2. 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;
3. 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;
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
“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 Section 15.36.150(A)(2).
“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 one hundred eighty consecutive days. For insurance purposes 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.
“Recreational vehicle” means a vehicle:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as 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, placement or other improvement was within one hundred eighty 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 slabs 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, footing, 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 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” 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 fifty percent of the market value of the structure before the damage occurred.
“Substantial improvement” means:
1. Any repair, reconstruction, addition, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
a. Before the reconstruction, rehabilitation, addition, or other improvement is started;
b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure;
2. The term does not, however, include either:
a. Any project for improvement of a structure to correct previously 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
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
“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. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017; Ord. 990 § 1 (part), 2017; Ord. 708 § 2 (part), 2001)
15.36.030 Applicability of provisions.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Ocean Shores. (Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.040 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the Grays Harbor County and Incorporated Cities,” dated February 3, 2017, and any revisions thereto, with accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the city clerk’s office, Ocean Shores City Hall, 585 Pt Brown Ave NW, Ocean Shores, WA 98569. The best available information for flood hazard area identification as outlined in Section 15.36.120(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 15.36.120(B). (Ord. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017: Ord. 990 § 1 (part), 2017: Ord. 708 § 2 (part), 2001)
15.36.045 Compliance.
All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 1117 § 1, 2024)
15.36.050 Penalties for noncompliance.
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 be guilty of a Class C offense as defined in Title 7. Nothing contained in this chapter shall prevent the city from taking such other lawful action as necessary to prevent or remedy any violation. (Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.060 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. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.070 Interpretation of provisions.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.080 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 under this chapter. (Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.090 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.36.040. The permit shall be for all structures including manufactured homes, as set forth in Section 15.36.020, and for all development including fill and other activities, also as set forth in Section 15.36.020. (Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.100 Application for development permit.
Application for a development permit shall be made on forms furnished by the building official 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. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the floodplain administrator;
B. Elevation in relation to mean sea level to which any structure has been floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 15.36.150(B); and
D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
E. Where a structure is proposed in a V,V1-30, or VE zone, a V zone design certificate;
F. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
G. Any other such information that may be reasonably required by the floodplain administrator in order to review the application.
(Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.110 Administrator designated.
The building official is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. (Ord. 1117 § 1, 2024; Ord. 708 § 2 (part), 2001)
15.36.120 Duties and responsibilities of the administrator.
Duties of the administrator shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required;
3. The proposed development is not located in the floodway. If located in the floodway, assure the encroachment provisions of Section 15.36.165(A) are met;
4. Notify FEMA when annexations occur in the special flood hazard area.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided (in A or V zones) in accordance with Section 15.36.040, the administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer Sections 15.36.140 and 15.36.150.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance Study or FIRM or required as in subsection (B) 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;
2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (B) of this section:
a. Verify and record the actual elevation (in relation to mean sea level) to which any structure has been floodproofed; and
b. Maintain the floodproofing certifications required in Section 15.36.100(C);
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones.
5. Certification required by Section 15.36.165(A) (floodway encroachments).
6. Record of all variance actions, including justification for the issuance.
7. Improvement and damage calculations.
D. Alteration of Watercourses.
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 Administration through appropriate notification means; and
2. Require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.36.130. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the NFIP.
F. 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 approval shall be conditioned accordingly.
(Ord. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017; Ord. 990 § 1 (part), 2017; Ord. 708 § 2 (part), 2001)
15.36.130 Variance procedure.
A. Hearing Examiner.
1. The hearing examiner as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the administrator in the enforcement or administration of this chapter.
3. Those aggrieved by the decision of the hearing examiner, or any taxpayer, may appeal such decision to the superior court.
4. In passing upon such applications, the hearing examiner 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 floodwaters 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 (A)(4) of this section, and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
6. The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
B. Conditions for Variances.
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in subsection (A)(4) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
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 as identified in subsection (A)(4) of this section.
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 (B)(1) of this section, and otherwise complies with this section.
8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1117 § 1, 2024; Ord. 764 § 1, 2003; Ord. 708 § 2 (part), 2001)
15.36.140 General standards.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
2. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
B. Construction Materials and Methods.
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.
C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
2. 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
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Water wells shall be located on high ground that is not in the floodway.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
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 development which contain at least fifty lots or five acres (whichever is less).
E. Review of Building Permits. Where elevation data is not available, either through the Flood Insurance Study, FIRM or from another authoritative source (Section 15.36.120(B)), 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 the highest adjacent grade in these zones may result in higher insurance rates.
F. 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. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017; Ord. 990 § 1 (part), 2017; Ord. 708 § 2 (part), 2001)
15.36.150 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.36.040 or 15.36.120(B), the following provisions are required:
A. Residential Construction.
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 to or above base flood elevation. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.
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. New construction and substantial improvement of any residential structure in a V, V1-30, or VE zone shall meet the requirements in Section 15.36.170.
B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (B)(1) or (B)(2) of this section:
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 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.
c. If located in a V, V1-30, or VE zone, the structure shall meet the requirements in Section 15.36.170.
d. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall meet the requirements of subsection (A)(2) of this section.
2. If the requirements of subsection (B)(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 Section 15.36.120(C)(2).
Applicants who are 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 the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums.
C. Manufactured Homes.
1. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home and nonfloodproofed utilities serving the manufactured home are at or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with the provisions in Section 15.36.140(A)(2).
This applies to manufactured homes:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on a site which a manufactured home has incurred “substantial damage” as the result of a flood; and
2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either:
a. The lowest floor of the manufactured home is elevated one foot or more.
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for no more than ninety cumulative days in any one calendar year.
2. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
3. Meet the requirements of subsection (C) of this section.
E. Enclosed Areas Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
F. All Other Building Standards Apply in the Floodway. If Section 15.36.160 is satisfied or construction is allowed pursuant to this section, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.36.140, General standards, and this section, Specific standards.
G. 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 Ocean Shores amendments, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the encroachment limitations of this chapter 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 subsection (A)(2) of this section; 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 the building code for wet locations.
H. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (one-hundred-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the five-hundred-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 BFE shall be provided to all critical facilities to the extent possible.
(Ord. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017; Ord. 990 § 1 (part), 2017; Ord. 708 § 2 (part), 2001)
15.36.160 Encroachments.
AE and A1-30 Zones With Base Flood Elevations But No Floodways. In areas with BFEs (when 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. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017: Ord. 990 § 1 (part), 2017: Ord. 708 § 2 (part), 2001)
15.36.165 Floodways.
Located within areas of special flood hazard established in Section 15.36.040 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:
A. No Rise Standard. 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.
B. Residential Construction in Floodways. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either, (a) before the repair or reconstruction is started, or (b) 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 fifty percent.
C. All Other Building Standards Apply in the Floodway. If subsection (A) of this section is satisfied or construction is allowed pursuant to subsection (B) of this section, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 15.36.140.
(Ord. 1117 § 1, 2024)
15.36.170 Coastal high hazard areas.
Located within areas of special flood hazard established in Section 15.36.040 are coastal high hazard areas, designated as zones V1-V30, VE and/or V. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply:
A. All new construction and substantial improvements in zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:
1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and
2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
B. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this subsection.
C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in zones V1-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information.
D. All new construction within zones V1-30, VE, and V on the community’s FIRM shall be located landward of the reach of mean high tide.
E. Provide that all new construction and substantial improvements within zones V1-V30, VE, and V on the community’s FIRM have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
F. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access or storage. Such space shall not be used for human habitation.
G. Prohibit the use of fill for structural support of buildings.
H. Prohibit manmade alteration of sand dunes which would increase potential flood damage.
I. Recreational vehicles shall follow standards set forth in Section 15.36.150(D).
(Ord. 1117 § 1, 2024; Ord. 992 § 1 (part), 2017; Ord. 990 § 1 (part), 2017; Ord. 708 § 2 (part), 2001)
15.36.180 Detached accessory structures (detached garages and small storage structures).
A. Detached accessory structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:
1. In special flood hazard areas other than coastal high hazard areas (zones A, AE, AH, AO, and A1-30), the structure is not larger than a one-story two-car garage;
2. In coastal high hazard areas (zones V, VE, V1-30, and VO), the structure is not larger than one hundred square feet in area;
3. The portions of the structure located below the BFE must be built using flood resistant materials;
4. The structure must be adequately anchored to prevent flotation, collapse, and lateral movement;
5. Any machinery or equipment servicing the structure must be elevated or floodproofed to or above the BFE;
6. The structure must comply with floodway encroachment provisions in Section 15.36.165(A);
7. The structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Section 15.36.150(A)(2);
8. The structure shall have low damage potential;
9. If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and
10. The structure shall not be used for human habitation.
B. Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.36.150(A).
C. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the floodplain administrator for verification.
(Ord. 1117 § 1, 2024)