Chapter 15.28 FLOOD DAMAGE PREVENTION

The Legislature of the State of Washington has in Chapter 86.16 RCW and Chapter 173-158 WAC delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the council does ordain the provisions set out in this chapter. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.020 Findings of fact.

A. The flood hazard areas of the city of Okanogan are subject to periodic inundation which can result 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.

B. 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. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.030 Statement of purpose.

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 to:

A. Protect human life and health;

B. Minimize expenditure of public money and costly flood-control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. 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;

F. 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;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard;

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I. Ensure that developments within flood areas provide for proper function and conditions of the affected stream. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.040 Methods of reducing flood losses.

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

A. 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;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D. Controlling filling, grading, dredging and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.100 Definitions.

Unless specifically defined in OMC 15.28.101 through 15.28.126, 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. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.101 A definitions.

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

“Area of shallow flooding” means a designated AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground, 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; AH indicates ponding and is shown with standard base flood elevations.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.102 B definitions.

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

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

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.103 C definitions.

“Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.104 D definitions.

“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.

“Dwelling” means one or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, for use solely by the dwelling’s occupants. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.105 E definitions.

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

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

“Encroachment” means any alteration or development within the regulatory floodway that would result in any increase in flood levels during the occurrence of the base flood discharges.

“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 adopted floodplain management regulations.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.106 F definitions.

“Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

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

A. The overflow of inland or tidal waters; and/or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

“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.

“Flood insurance study (FIS)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map (flood insurance rate map, also known as FIRM), and the water surface elevation of the base flood.

“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. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.107 G definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.108 H definitions.

“Historic structure” means a structure that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.109 I definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.110 J definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.111 K definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.112 L definitions.

“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 OMC 15.28.520(A)(2) (i.e., provided there are adequate flood ventilation openings). (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.113 M definitions.

“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 attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.114 N definitions.

“New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

“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 the adopted floodplain management regulations. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.115 O definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.116 P definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.117 Q definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.118 R definitions.

“Recreational vehicle” means a vehicle which is:

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 recreation, camping, travel, or seasonal use.

“Replacement residential structure” means a residential structure built as a substitute for a lawful previously existing residential structure of equivalent use and size.

“Residential structure” means a place in which one lives: dwelling. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.119 S definitions.

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

“Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either:

1. Before the improvement or repair is started; or

2. 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.

The term does not, however, include either:

1. 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 building official and/or fire marshal and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.120 T definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.121 U definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.122 V definitions.

“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. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.123 W definitions.

“Water-dependent” means a structure for commerce or industry or public use or utility which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.124 X definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.125 Y definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.126 Z definitions.

Reserved. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

Article II. General Provisions

15.28.210 Lands to which this chapter applies.

This chapter shall apply to all current and future areas of special flood hazards within the jurisdiction of the city of Okanogan. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.220 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 City of Okanogan,” dated August 2, 1995, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at City Hall, 120 North 3rd Avenue, Okanogan, Washington. The best available information for flood hazard area identification as outlined in OMC 15.28.330(B) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under OMC 15.28.330(B). (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.230 Violations.

It shall be unlawful for any person, firm or corporation to allow any structure or land hereafter to 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), or cause or permit the same to be done in violation of these adopted codes or of this chapter. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.240 Penalty for violation.

All penalties for violations of this chapter shall be applied as prescribed by OMC 15.04.060. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.250 Violations declared a public nuisance.

All violations of this chapter are hereby declared a public nuisance and shall be abated in a manner as prescribed by Chapter 15.08 OMC. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.260 Abrogation and greater restrictions.

The ordinance codified in 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. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.270 Interpretation.

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

A. Considered as minimum requirements;

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

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.280 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. The chapter shall not create liability on the part of the city of Okanogan, 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 hereunder. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

Article III. Administration

15.28.310 Establishment of development permit.

A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in OMC 15.28.220. The permit shall be for all structures, including manufactured homes, as set forth in OMC 15.28.113, and for all development including fill and other activities, also as set forth in OMC 15.28.104.

B. Application for a Development Permit. Application for a development permit shall be made on forms furnished by the permit administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures and when deemed appropriate by the permit administrator recorded on a current elevation certificate (FEMA Form 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 OMC 15.28.520(B); and

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.320 Designation of the local administrator.

The permit administrator is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.330 Duties and responsibilities of the local administrator.

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

A. Permit Review.

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

2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of OMC 15.28.540(A) are met.

B. Use of Other Base Flood Data (in A and V Zones). When base flood elevation data has not been provided (A and V zones) in accordance with OMC 15.28.220, Basis for establishing the areas of special flood hazard, the permit 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 OMC 15.28.520, Specific standards, and OMC 15.28.540, Floodways.

C. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided through the flood insurance study, 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 (44 CFR 60.3(b)(5)(i)). Recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the local official.

2. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection B of this section:

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

b. Maintain the floodproofing certifications required in OMC 15.28.310(B)(3) (44 CFR 60.3(b)(5)(iii));

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

D. Alteration of Watercourses.

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

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

E. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in OMC 15.28.420. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

Article IV. Variances and Appeals

15.28.410 Hearing board.

A. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. City council decisions are final. The city council’s final decision on an appeal and/or variance petition may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW, as it now exists or as may be hereafter amended. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.420 Appeals.

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

A. Format. Appeals shall be in writing and filed in the manner as described in Chapter 18.112 OMC.

B. Appeal Procedures. Appeals shall be processed and heard in the manner as described in Chapter 18.112 OMC.

C. Limitation on Scope of Decision. An appeal shall not result in a decision granting a modification, deviation or a relief from the requirements of this chapter unless processed as a separate application as a variance under OMC 15.28.430. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.430 Variances.

The city council shall hear and decide on request for relief and/or variances and deviations to the requirements of this chapter.

A. Floodplain Management Variance. Applications shall be processed according to permit processing procedures outlined in Chapter 18.100 OMC in the manner described in Chapter 18.100 OMC. The city council reviews the application in light of comments and recommendations provided by staff and public agencies and holds a public hearing to hear public testimony on the proposal. The city council makes their final decision, including written findings of fact and conclusions, that provides the basis for the decision. Appeals of the city council’s final decision occur in Okanogan County superior court.

B. Application Requirement. A complete application shall be submitted as prescribed by OMC 18.100.030 and, in addition to other information to be provided, the applicant shall provide adequate information and analysis demonstrating compliance with the criteria of review listed in subsections (C)(1) through (C)(12) of this section.

C. Basis of Decision. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

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

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

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

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site;

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and

12. Impacts on function and condition of affected stream.

D. Conditions Applied. Upon consideration of the factors in subsection C of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

E. The permit administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.440 Conditions for variances.

A. 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 items in OMC 15.28.430(C)(1) through (C)(12) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

B. Historic. 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.

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

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

E. Criteria. Variances shall only be issued upon:

1. A showing of good and sufficient cause.

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

4. 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 or 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.

5. 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 A of this section, and otherwise complies with OMC 15.28.510(A), (C) and (D), General standards.

F. Notice. 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. 988 § 1, 2004; Ord. 943 § 1, 2002)

Article V. Provisions for Flood Hazard Reduction

15.28.510 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. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.)

B. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide flood waters around and away from proposed structures.

C. 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.

D. Utilities.

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

2. The proposed water well shall be located on high ground that is not in the floodway and shall be protected from a 100-year flood and from any surface or subsurface drainage capable of impairing the quality of the groundwater supply in accordance with WAC 173-160-171;

3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and

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

E. 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 or eliminate 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 developments which contain at least 50 lots or five acres (whichever is less).

F. Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (OMC 15.28.330(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. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.520 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided (zones A1-30, AH, and AE on the community’s FIRM) as set forth in OMC 15.28.220, Basis for establishing the areas of special flood hazard, or OMC 15.28.330(B), Use of Other Base Flood Data (in A and V Zones), the following provisions are required:

A. Residential Construction.

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

2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for 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 flood waters.

3. Existing Farmhouse Standards. Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following:

a. The new farmhouse is a replacement for an existing farmhouse on the same farm site;

b. There is no potential safe building site for a replacement farmhouse on the same farm site outside the designated floodway;

c. Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachments of the structure of the existing farmhouse;

d. A replacement farmhouse shall not exceed the total square footage of encroachment of the structure it is replacing;

e. A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within 90 days after occupancy of a new farmhouse;

f. For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is a minimum one foot higher than the base flood elevation;

g. New and replacement water supply systems are designed to eliminate or minimize infiltration of flood waters into the system;

h. New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood waters into the system and discharge from the system into the flood waters;

i. All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

4. Substantially Damaged Residential Dwellings Other Than Farmhouses. For all substantially damaged residential structures, other than farmhouses, located in a designated floodway, the permit administrator is authorized to request Ecology to assess the risk of harm to life and property posed by the specific conditions of the floodway. Based upon scientific analysis of depth, velocity, flood-related erosion and debris load potential, Ecology may exercise best professional judgment in recommending to the permit administrator repair, replacement or relocation of a substantially damaged structure. The property owner shall be responsible for submitting to the permit administrator any information necessary to complete the assessment required by this section when such information is not otherwise available.

a. Recommendation to repair or replace a substantially damaged residential structure located in the regulatory floodway shall be based on the flood characteristics at the site. In areas of the floodway that are subject to shallow and low velocity flooding, low flood-related erosion potential, and adequate flood warning time to ensure evacuation, Ecology may recommend the replacement or repair of the damaged structure. Any substantially damaged residential structure located in the regulatory floodway in a high risk zone based on the flood characteristics will not likely be recommended to be repaired or replaced. Flood warning times must be 12 hours or greater, except if the permit administrator demonstrates that it has a flood warning system and/or emergency plan in operation. For purposes of this subsection, flood characteristics must include:

i. Flood depths cannot exceed more than three feet; flood velocities cannot exceed three feet per second.

ii. No evidence of flood-related erosion. Flood erosion will be determined by location of the project site in relationship to channel migration boundaries adopted by the city of Okanogan. Absent channel migration boundaries, flood erosion will be determined by evidence of existing overflow channels and bank erosion.

At the request of the permit administrator, Ecology will prepare a report of findings and recommendations for the permit administrator’s concurrence on repair or replacement of substantially damaged residential structures located in the regulatory floodway.

Without a recommendation from Ecology for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1).

b. Before the repair, replacement, or reconstruction is started, all requirements of the National Flood Insurance Program, the state requirements adopted pursuant to RCW 86.16.031(8), and this title must be satisfied. In addition, the following conditions must be met:

i. There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway.

ii. A replacement residential structure is a residential structure built as a substitute for a previously existing residential structure of equivalent use and size.

iii. Repairs or reconstruction or replacement of a residential structure shall not increase the total square footage of floodway encroachment.

iv. The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the base flood elevation.

v. New and replacement water supply systems are designed to eliminate or minimize infiltration of flood water into the system.

vi. New and replacement sanitary sewer systems are designed to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters.

vii. All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

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

1. Be 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;

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

3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the 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 OMC 15.28.330(C)(2);

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

5. 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 the base flood level will be rated as one foot below).

C. Manufactured Homes.

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

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

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

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

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

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 above the base flood elevation; or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

3. Manufactured homes to be placed as display and/or temporary administrative offices in manufactured home dealership sales lots shall be maintained in such a manner that they are readily removable, such as but not limited to:

a. Retain and keep in good working order all necessary axles, wheels and tires.

b. Retain and keep in good working order trailer tongue and towing apparatus and be ready for highway transport.

c. All servicing utility connections shall be of a quick-disconnect type.

d. There shall be no permanently attached additions.

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

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

2. Be fully licensed and ready for highway use, on their wheels or jacking systems, 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 and the elevation and anchoring requirements for manufactured homes.

E. Factory-Built Commercial Structures. Factory-built commercial structures constructed in compliance with Chapter 296-150F WAC placed on sites are required to either:

1. Be an accessory administration/clerical office and/or equipment building to an ongoing permitted construction project. Said structure shall be removed from the site prior to issuance of final approval of the related construction project; or

2. Be an accessory administration/clerical office to either a recreational vehicle park, existing manufactured home park, manufactured home or recreational vehicle or automotive or truck or equipment dealership or a service kiosk/stand. Said structure shall be:

a. Ready for highway transport, 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; and

b. Be less than or equal to 400 square feet in floor area; or

3. Meet the requirement of subsection B of this section as other nonresidential structures for elevation and anchoring.

F. Fish Habitat Enhancement Projects. Fish habitat enhancement projects as defined under RCW 75.20.350 or WAC 173-27-040, or as amended hereafter, may with concurrence of the permit administrator be deemed in compliance with the requirements of this chapter when evaluated in regards to other federal, state and local requirements for fish habitat enhancement projects. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.530 Before regulatory floodway.

In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the 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. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.540 Floodways.

Located within areas of special flood hazard established in OMC 15.28.220 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. 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. 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;

2. Repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 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;

3. Work done on structures to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the building official and/or fire marshal and which are the minimum necessary to assure safe living conditions or to structures identified as historic places may be excluded from the 50 percent determination in subsection (B)(2) of this section;

4. A residential dwelling located partially within a designated floodway will be considered as totally within a designated floodway and must comply with this chapter;

5. The floodway prohibition in this subsection does not apply to existing farmhouses in designated floodways that meet the provisions of WAC 173-158-075, Existing farmhouse standards.

Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following:

a. The new farmhouse is a replacement for an existing farmhouse on the same farm site;

b. There is no potential safe building site for a replacement farmhouse on the same farm site outside the designated floodway or the location requires close proximity to other structures in the farm operation in order to maintain the integrity and operational viability of the farm; in no case shall a replacement be located into an area with higher flood hazards in terms of depths, velocities and erosion;

c. Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse;

d. A replacement farmhouse shall not exceed the total square footage of encroachment of the structure it is replacing;

e. A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within 90 days after occupancy of a new farmhouse;

g. New and replacement water supply systems are designed to eliminate or minimize infiltration of flood waters into the system;

h. New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters; and

i. All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage; and

6. Substantially damaged residential dwellings other than farmhouses. For all substantially damaged residential structures, other than farmhouses, located in a designated floodway, the city, at the request of the owner, may request the Washington Department of Ecology to assess the risk of harm to life and property posed by the specific conditions of the floodway. Based upon scientific analysis of depth, velocity, flood-related erosion and debris load potential, Ecology may exercise best professional judgment in recommending to the local permitting authority repair, replacement or relocation of a substantially damaged structure. The property owner shall be responsible for submitting to the city any information necessary to complete the assessment required by this section when such information is not otherwise available.

a. Recommendation to repair or replace a substantially damaged residential structure located in the regulatory floodway shall be based on the flood characteristics at the site. In areas of the floodway that are subject to shallow and low velocity flooding, low flood-related erosion potential, and adequate flood warning time to ensure evacuation, the Department may recommend the replacement or repair of the damaged structure. Any substantially damaged residential structure located in the regulatory floodway in a high risk zone based on the flood characteristics will not be recommended to be repaired or replaced. Flood warning times must be 12 hours or greater, except if the local government demonstrates that it has a flood warning system and/or emergency plan in operation. For purposes of this subsection flood characteristics must include:

i. Flood depths cannot exceed more than three feet; flood velocities cannot exceed more than three feet per second.

ii. No evidence of flood-related erosion. Flood erosion will be determined by location of the project site in relationship to channel migration boundaries adopted by the local government. Absent channel migration boundaries, flood erosion will be determined by evidence of existing overflow channels and bank erosion.

At the request of the owner, the city may request the Washington Department of Ecology to prepare a report of findings and recommendations for local government concurrence on repair or replacement of substantially damaged residential structures located in the regulatory floodway.

b. Before the repair, replacement, or reconstruction is started, all requirements of the National Flood Insurance Program, the state requirements adopted pursuant to RCW 86.16.031(8), and all applicable local regulations must be satisfied. In addition the following conditions must be met:

i. There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway.

ii. A replacement residential structure is a residential structure built as a substitute for a previously existing residential structure of equivalent use and size.

iii. Repairs or reconstruction or replacement of a residential structure shall not increase the total square footage of floodway encroachment.

iv. The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the base flood elevation.

v. New and replacement water supply systems are designed to eliminate or minimize infiltration of flood water into the system.

vi. New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters.

vii. All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

C. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article, Provisions for Flood Hazard Reduction. (Ord. 1144 § 1, 2014; Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.550 Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

A. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

B. New construction and substantial improvements of nonresidential structures within AO zones shall either:

1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in OMC 15.28.520(B)(3).

C. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures, without damaging existing function and condition of affected stream.

D. Recreational vehicles placed on sites within AO zones on the community’s FIRM shall either:

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

3. Meet the requirements of subsections A and C of this section and the anchoring requirements for manufactured homes (OMC 15.28.510(A)(2)). (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)

15.28.560 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 100-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 988 § 1, 2004; Ord. 943 § 1, 2002)