Chapter 15.15
FLOODPLAIN REGULATIONS
Sections:
15.15.010 Statement of purpose.
15.15.050 Provisions for flood hazard protection.
15.15.060 Penalties for violation.
15.15.090 Liability – Disclaimer.
15.15.100 Compliance with laws.
15.15.010 Statement of purpose.
In accordance with the police powers granted to the city by the Washington Constitution and state legislature, 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 methods and provisions designed to:
A. Restrict or prohibit 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. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application for the purposes of floodplain management.
“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.
“Appeal” means request for a review of the interpretation of any provisions of this chapter or a request for a variance.
“Area of shallow flooding” means a designated AO, AH, AR/AO or AR/AH zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is predictable, and where velocity may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the “sheet flow area.”
“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.
“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”).
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.
“Basement” means any area of the building having its flood subgrade (below ground level) on all sides.
Building. See “Structure.”
“Building code” means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.
“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
“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 materials located within the area of special flood hazard.
“Elevated building” means, for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
“Essential facility” has the same meaning as “essential facility” defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.
“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).
“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:
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; and/or
b. The unusual and rapid accumulation of runoff or surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (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 paragraph (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 of a community, on which the federal insurance administrator has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a “digital flood insurance rate map (DFIRM).”
Flood Insurance Study. See “Flood elevation study.”
“Floodplain” or “flood-prone area” is any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”
“Floodplain administrator” is the community official designated by title to administer and enforce the floodplain management regulations.
“Floodplain management regulations” are zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
“Floodproofing” is any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”
“Functionally dependent use” mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
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; or
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 (i.e., provided there are adequate flood ventilation openings).
“Manufactured home” means a structure that is transportable in one or more sections built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
“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.
1. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of service facilities was completed prior to November 29, 1976.
2. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of service facilities was completed on or after November 29, 1976.
3. “Expansion to a manufactured home park or subdivision” means the preparation of additional sites by the construction of service facilities.
4. “Service facilities” means facilities for servicing the lots on which 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.
“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.
One-Hundred-Year-Flood or 100-Year Flood. See “Base flood.”
“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, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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. “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 as part of the main structure. For substantial improvement, the “actual start” of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure,” for floodplain management purposes, means a walled and roofed building, including a gas or liquid storage tank that is principally aboveground, 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 previous condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that 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.
“Variance” means a grant of relief by a community from the terms of a floodplain management regulation.
“Violation” means the failure of a structure or other development to be fully compliant with this chapter.
“Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
“Water surface elevation” means the height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.030 Applicability.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Roslyn.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Kittitas County, Washington and Incorporated Areas” dated September 24, 2021, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM are on file at the office of the clerk of the city of Roslyn at 201 S. First Street, Roslyn, WA 98941. The best available information for RMC hazard area identification as outlined in Section 15.15.040(D)(6) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under RMC 15.15.040(D)(6).
C. Compliance. All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations.
D. 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.
E. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.040 Administration.
A. Establishment of Development Permit. A development permit shall be obtained before a construction or development begins within any area of special flood hazard established in RMC 15.15.030(B). The permit shall be for all structures, including manufactured homes, as defined in RMC 15.15.020, and for all other development, including fill and other activities, as defined in RMC 15.15.020.
B. Designation of the Floodplain Administrator. The planning official of the city of Roslyn is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.
C. Application for Development Permit. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
1. 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.
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in RMC 15.15.050(B)(2);
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
5. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
6. Any other such information that may be reasonably required by the floodplain administrator in order to review the application.
D. Duties and Responsibilities. Duties of the floodplain administrator shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
c. Review all development permits to determine that the site is reasonably safe from flooding.
d. Review all development permits to determine that the proposed development is not located in the floodway. If located in the floodway, assure the encroachment provisions of RMC 15.15.070(A) are met.
e. Notify FEMA when annexations occur in the special flood hazard area.
f. Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information.
2. Review of Building Permits. The local official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer RMC 15.15.050(B)(1), Residential Construction, RMC 15.15.050(B)(2), Nonresidential Construction, and RMC 15.15.070, Floodways. Where the base flood elevation is not available, either through the FIS, FIRM, or from another authoritative source (RMC 15.15.040(D)(6)), applications for floodplain development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test for reasonableness is a judgment of the local official and includes use of historical data, high water marks, photographs of past floods, etc. At a minimum, however, the first floor shall be elevated or floodproofed (where applicable) two feet above the highest adjacent grade.
3. Information to Be Obtained and Maintained.
a. Where base flood elevation is provided through the FIS, FIRM, or required as in subsection (D)(6) of this section, obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;
b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (D)(6) of this section:
i. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed; and
ii. Maintain the floodproofing certifications required in RMC 15.15.050(B)(2)(b)(iii); or
c. Certification required by RMC 15.15.070(A) (floodway encroachments).
d. Records of all variance actions, including justification for their issuance.
e. Improvement and damage calculations.
f. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities, the Washington State Department of Ecology and the mayor and city council of the city of Roslyn prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate means; and
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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. Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59, etc.).
6. When base flood elevation data has not been provided (in A zones) in accordance with RMC 15.15.030(B), Basis for Establishing the Areas of Special Flood Hazard, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer RMC 15.15.050(B), Specific Standards, and RMC 15.15.070, Floodways. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.050 Provisions for flood hazard protection.
A. General Standards. In all areas of special flood hazard, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.
b. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement and shall be installed using methods and practices that minimize flood damage by providing over-the-top ties and frame ties to ground anchors. Specific requirements shall be that:
i. Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;
ii. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;
iii. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
iv. Any additions to the manufactured home be similarly anchored.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the system into flood waters;
c. Any on-site waste disposal system permitted under Chapter 13.10 RMC shall be designed to avoid impairment or contamination; and
d. Water wells shall be located on high ground that is not in the floodway.
4. Subdivision Proposals and Development.
a. All subdivision proposals as well as new development shall be consistent with the need to minimize flood damage;
b. All subdivision proposals as well as new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
c. All subdivision proposals as well as new development shall have adequate drainage provided to reduce exposure to flood damage; and
d. Base flood elevation data shall be provided, or generated if not available from an authoritative source, for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
5. Review of Building Permits. Where elevation data is not available, 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 applicable. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
6. Storage of Materials and Equipment.
a. 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.
b. 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.
B. Specific Standards. In all areas of special flood hazard where base flood elevation data has been determined (RMC 15.15.040(C)(2), Use of Base Flood Data, or RMC 15.15.040(D)(6), Use of Other Base Flood Data), the following provisions are required:
1. Residential Construction.
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 residential structure shall have a lowest floor, including basement, elevated one foot or more above the level of the base flood elevation. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.
b. New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
c. 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 must meet or exceed the following minimum criteria:
i. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
iv. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet the following requirements:
a. Meet the standards in subsection (B)(1) of this section, or
b. If the requirements of subsection (B)(2)(a) 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:
i. 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;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered professional engineer or architect that the designs 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 certification shall be provided to the official as set forth in RMC 15.15.040(C)(2).
iv. Nonresidential structures that are elevated, not floodproofed, must meet the same lowest floor elevation standards as described in subsection (B)(1) of this section.
c. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (i.e., a building floodproofed to the base flood level will be rated as one foot below the base flood level).
3. Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
4. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 days; or
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c. Meet the requirements of subsection (B)(3) of this section, Manufactured Homes.
5. Enclosed Area 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.
6. 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.
7. Livestock Sanctuary Areas. Elevated areas for the for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter.
8. Small Accessory Structures (Detached Garages and Small Storage Structures). For A zones (A, AE, A1-30, AH, AO):
a. Appurtenant 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:
i. Use of the appurtenant structure must be limited to parking of vehicles or limited storage;
ii. The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;
iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;
iv. Any machinery or equipment servicing the appurtenant structure must be elevated or flood proofed to or above the BFE;
v. The appurtenant structure must comply with floodway encroachment provisions in RMC 15.15.070(A);
vi. The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with subsection (B)(1)(c) of this section;
vii. The structure shall have low damage potential;
viii. If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and
ix. 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 subsection (B)(1) of this section.
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. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.060 Penalties for violation.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,000 or imprisoned for not more than 180 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Roslyn from taking such other lawful action as is necessary to prevent or remedy any violation. Violations of this chapter shall be enforced in accordance with Chapter 8.60 RMC. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.070 Floodways.
Located within areas of special flood hazard established in RMC 15.15.030(B) 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 encroachments shall 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; and (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, reconstruction, or improvement is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to correct existing violations of state, 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 shall not be included in the 50 percent.
C. 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 RMC 15.15.050, Provisions for flood hazard protection. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017; Ord. 649, 1989.]
15.15.080 Variances.
Variances from the standards of floodplain regulations in this chapter may be authorized by the city in accordance with the provisions of RMC 18.90.120; provided, that the variance criteria contained in this section shall control.
A. Variance Criteria. The city may approve a variance if the following criteria are met:
1. The variance would not result in any increase in flood levels during the base flood discharge; and
2. The site of the construction or substantial improvement is one-half acre or less in size; and
3. The structure or other development is protected by methods that minimize flood damages during the base flood; and
4. The variance is the minimum necessary, considering the flood hazard, to afford relief; and
5. The applicant makes a showing of good and sufficient cause that failure to grant the variance would result in exceptional hardship to the applicant; and
6. Issuance of the variance will not:
a. Result in increased flood heights, additional threats to public safety, or extraordinary public expense; or
b. Create nuisances or cause fraud on or victimization of the public; or
c. Conflict with existing laws and ordinances.
B. Insurance Notice. Any applicant for a variance under this section shall be provided with written notice that (1) the issuance of a variance to construct a structure below the base flood level will result in increased flood insurance premiums; and (2) that such construction below the base flood level increases risks to life and property. Such notice shall be signed by an authorized representative of the city and a copy shall be retained by the city in its record of variance actions.
C. Variance Records. Variances issued pursuant to this section shall include justification for such issuance, and shall prescribe such conditions and safeguards as are necessary to ensure conformity with the purposes of this chapter. A report of all variances issued pursuant to this section shall be submitted to the Federal Insurance Administrator in the city’s annual or biennial report. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017.]
15.15.090 Liability – Disclaimer.
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 hazard 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. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017.]
15.15.100 Compliance with laws.
This chapter shall not in any way impair, affect or remove the need to comply with all other applicable statutes, regulations, and local laws and ordinances. Where this chapter imposes a greater restriction than other applicable laws, the provisions of this chapter shall control. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017.]
15.15.110 Severability.
Should any section, paragraph, sentence, clause, phrase, or provision of this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any provision of this chapter be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining provisions of this chapter or its application to other persons or circumstances. [Ord. 1184 Exh. A, 2021; Ord. 1145 § 1, 2018; Ord. 1134 § 1, 2017.]