Chapter 15.52 FLOOD DAMAGE PREVENTION

The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord. 1406 § 1.1, 1987)

15.52.020 Findings of fact.

A. The flood hazard areas of the city of Sumner are subject to periodic inundation which 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. 1768 § 1, 1996: Ord. 1406 § 1.2, 1987)

15.52.030 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; and

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 1406 § 1.3, 1987)

15.52.040 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 floodwaters;

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 floodwaters or which may increase flood hazards in other areas. (Ord. 1406 § 1.4, 1987)

15.52.050 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.

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

B. “Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

C. “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. The area may be designated as zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

D. “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 maps always includes the letters A or V.

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

F. “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.

G. “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-V30, VE or V.

H. “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.

I. “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 located within the area of special flood hazard.

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

K. “Emergency measure” means an action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation.

L. “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.

M. “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).

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

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

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

O. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

P. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Q. “Floodplain habitat benefit project” means a project proposed by the city, another governmental entity, or nonprofit organization, a primary purpose of which is to create, improve, or restore the habitat within the floodplain for any federally listed threatened or endangered species; or is a watershed restoration project meeting the definition outlined in WAC 173-27-040.

R. “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.

S. “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 SMC 15.52.220(B).

T. “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.”

U. “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.

V. “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 FIRM 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.

W. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

X. “Recreational vehicle” means a vehicle which is:

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.

Y. “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 of the property or 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.

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

AA. “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.

BB. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.

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 local code enforcement official 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.”

CC. “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.

DD. “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2596S § 1, 2017; Ord. 2596 § 1, 2017; Ord. 2581 § 1, 2016; Ord. 2538 § 1, 2015; Ord. 1768 § 2, 1996: Ord. 1406 § 2.0, 1987)

15.52.060 Applicability.

This chapter applies to all areas of special flood hazards within the jurisdiction of the city. (Ord. 1406 § 3.1, 1987)

15.52.070 Map adopted by reference.

The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Pierce County including the City of Sumner, Community Number 530147,” dated March 7, 2017, which, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at the city of Sumner, 1104 Maple Street, Sumner, Washington 98390. Where the Flood Insurance Study, FIRM, and floodway maps do not provide adequate, best, or most recent information, the city of Sumner may utilize flood information that is more restrictive or detailed than the FEMA data which can be used for identifying flood hazard areas. The city may utilize the following sources of flood hazard data for floodplain boundaries, regulatory floodway boundaries, base flood elevations or cross sections when determining a flood hazard area:

A. Flood Insurance Rate Maps;

B. Flood Insurance Studies;

C. Preliminary Flood Insurance Rate Maps;

D. Preliminary Flood Insurance Studies;

E. Letter of map amendments;

F. Letter of map revisions;

G. Historical flood hazard information; and

H. Any other available data that accurately classifies and delineates the flood hazard area or base flood elevation and has been prepared by the U.S. Army Corps of Engineers, or any other qualified person or agency with expertise. (Ord. 2596S § 2, 2017: Ord. 2596 § 2, 2017: Ord. 1406 § 3.2, 1987)

15.52.080 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1406 § 3.3, 1987)

15.52.090 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. 1406 § 3.4, 1987)

15.52.100 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Sumner, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1406 § 3.5, 1987)

15.52.110 Development permit – Required.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in SMC 15.52.070. The permit shall be for all structures including manufactured homes, as set forth in the definitions in SMC 15.52.050, and for all development including fill and other activities, also as set forth in the definitions set forth in SMC 15.52.050. (Ord. 1406 § 4.1-1, 1987)

15.52.120 Development permit – Application.

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

A. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

B. Elevation in relation to mean sea level to which any structure has been floodproofed;

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in SMC 15.52.230; and

D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 2788 § 11, 2021; Ord. 1768 § 3, 1996: Ord. 1406 § 4.1-2, 1987)

15.52.130 Development permit – Grant or denial.

The building official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1768 § 4, 1996: Ord. 1406 § 4.2, 1987)

15.52.140 Duties of building official.

Duties of the building official shall include, but not be limited to:

A. Permit Review. The building official shall:

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 SMC 15.52.250(A) are met.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with SMC 15.52.070, Map adopted by reference, the building official 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 SMC 15.52.210, Standards in areas of known base flood elevation, through SMC 15.52.250, Floodways.

C. Information to be Obtained and Maintained. The building official shall:

1. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection B of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

2. For all new or substantially improved floodproofed structures:

a. Verify and record the actual elevation (in relation to mean sea level); and

b. Maintain the floodproofing certifications required in SMC 15.52.120(C); and

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

D. Alteration of Watercourses. The building official shall:

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

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

E. Interpretation of FIRM Boundaries. The building official shall make interpretations where needed, as to the 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 SMC 15.52.260 and 15.52.270. (Ord. 1768 § 5, 1996: Ord. 1406 § 4.3, 1987)

15.52.150 Standards in areas of special flood hazards.

In all areas of special flood hazards, the standards set out in SMC 15.52.160 through 15.52.200 are required. Special flood hazard areas are also critical areas known as “frequently flooded areas” and are subject to the applicable provisions set forth in chapters 16.40 and 16.56 SMC. (Ord. 2596S § 3, 2017: Ord. 2596 § 3, 2017: Ord. 1406 § 5.1 (part), 1987)

15.52.160 Anchoring.

In all areas of special flood hazards:

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). (Ord. 1406 § 5.1-1, 1987)

15.52.170 Construction materials and methods.

In all areas of special flood hazards:

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. (Ord. 1406 § 5.1-2, 1987)

15.52.180 Utilities.

In all areas of special flood hazards:

A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1406 § 5.1-3, 1987)

15.52.190 Subdivisions.

In all areas of special flood hazards:

A. All subdivision proposals shall be consistent with the need to minimize flood damage;

B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

D. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less. (Ord. 1406 § 5.1-4, 1987)

15.52.200 Building permit review.

Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (SMC 15.52.140 (B)), applications for building permits in all areas of special flood hazards shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high-water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 1406 § 5.1-5, 1987)

15.52.210 Standards in areas of known base flood elevation.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in SMC 15.52.070 or 15.52.140(B), the provisions set out in SMC 15.52.220, 15.52.230 and 15.52.240 are required. (Ord. 1406 § 5.2 (part), 1987)

15.52.220 Residential construction.

In areas specified in SMC 15.52.210:

A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above base flood elevation;

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

1. 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,

2. The bottom of all openings shall be no higher than one foot above grade,

3. Openings may be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 2396 § 1, 2012: Ord. 1406 § 5.2-1, 1987)

15.52.230 Nonresidential construction.

In areas specified in SMC 15.52.210:

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

1. Be floodproofed so that below 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; and

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 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 SMC 15.52.140(C)(2).

B. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in SMC 15.52.220(B).

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 (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 1447 § 1, 1989; Ord. 1406 § 5.2-2, 1987)

15.52.240 Manufactured homes.

A. All manufactured homes to be placed or substantially improved within zones A1-A30, AH, and AE on the community’s FIRM on sites:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

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

4. 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 at least one foot above base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s FIRM that are not subject to the above manufactured home provisions be elevated so that either:

1. The lowest floor of the manufactured home is elevated at least one foot above the base flood elevation; or

2. 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 floatation, collapse, and lateral movement. At a minimum, a “reinforced pier” would have a footing adequate to support the weight of the manufactured home under saturated soil conditions such as occur during a flood. In addition, if stacked concrete blocks are used, vertical steel reinforcing rods should be placed in the hollows of the blocks and those hollows filled with concrete or high strength mortar. In areas subject to high velocity floodwaters and debris impact, cast-in-place reinforced concrete piers may be appropriate. (Ord. 2396 § 2, 2012: Ord. 1768 § 6, 1996: Ord. 1447 § 2, 1989: Ord. 1406 § 5.2-3, 1987)

15.52.245 Recreational vehicles.

Recreational vehicles placed on sites within zones A1-30, AH, and AE and the community’s FIRM shall either:

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

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

C. Meet the requirements of SMC 15.52.240 and the elevation and anchoring requirements for manufactured homes. (Ord. 1768 § 7, 1996: Ord. 1406 § 5.2-4, 1987)

15.52.250 Floodways.

Located within areas of special flood hazard established in SMC 15.52.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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 or architect is provided demonstrating that 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 comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent.

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 SMC 15.52.210. (Ord. 1447 § 3, 1989: Ord. 1406 § 5.3, 1987)

15.52.251 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 grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet 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 SMC 15.52.230(A)(3).

C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

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; and

2. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

3. Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes. (Ord. 1768 § 8, 1996: Ord. 1406 § 5.5, 1987)

15.52.252 Coastal high hazard areas.

Located within areas of special flood hazard established in SMC 15.52.070 are coastal high hazard areas, designated as zones V1-V30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply:

A. All new construction and substantial improvements in zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:

1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and

2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

B. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections E1 and 2 of this section.

C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in zones V1-V30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information.

D. All new construction shall be located landward of the reach of the mean high tide.

E. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 or no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

1. Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

F. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.

G. Prohibit the use of fill for structural support of buildings.

H. Prohibit manmade alteration of sand dunes which would increase potential flood damage.

I. All manufactured homes to be placed or substantially improved within zones V1-V30, V, and VE on the community’s FIRM on sites:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

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

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

meet the standards of subsections A through H of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1-V30, V, and VE on the FIRM meet the requirements of SMC 15.52.240.

J. Recreational vehicles placed on sites within zones V1-V30, V, and VE on the community’s FIRM shall either:

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

3. Meet the requirements of SMC 15.52.110 (permitting requirements) and subsections A through H of this section. (Ord. 1768 § 9, 1996: Ord. 1406 § 5.6, 1987)

15.52.253 Critical facilities.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100-year) at the site. 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. 1768 § 10, 1996: Ord. 1406 § 5.7, 1987)

15.52.255 Encroachments.

For all floodplain development, except emergency measures and floodplain habitat benefit projects, the applicant shall demonstrate through a technical analysis that the effect of any proposed development shall not increase the water surface elevation of the base flood at any point. For emergency measures and floodplain habitat benefit projects, the applicant shall demonstrate through a technical analysis that the effect of the proposed project shall not increase the water surface elevation of the base flood by more than one foot at any point. (Ord. 2596S § 4, 2017: Ord. 2596 § 4, 2017: Ord. 2538 § 2, 2015: Ord. 1447 § 4, 1989)

15.52.260 Appeal board.

A. The board of appeals as established by chapter 15.04* of this title shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official in the enforcement or administration of this chapter.

C. Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the Pierce County superior court.

D. In passing upon such applications, the board of appeals 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; and

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.

E. Upon consideration of the factors of subsection D of this section and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F. The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1768 § 11, 1996: Ord. 1406 § 4.4-1, 1987)

*Code reviser’s note: Ordinance 2568 repeals chapter 15.04. The board of appeals provisions previously codified in the chapter have been replaced by the appeals process in the 2015 International Building Code adopted by Ordinance 2568.

15.52.270 Variances – Required conditions.

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 1 through 11 in subsection D of SMC 15.52.260 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

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

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

E. 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 as identified in SMC 15.52.260(D), or conflict with existing local laws or ordinances.

F. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

G. 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 the general standards set out in SMC 15.52.160 and 15.52.170.

H. 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. 1406 § 4.4-2, 1987)

15.52.275 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 27, 1996)

15.52.280 Violation – Penalty.

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. Any person, firm or corporation who violates any of the provisions of this chapter or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be subject to the provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 28, 1996: Ord. 1406 § 6.0, 1987)