(A) Purpose. It is the purpose of this section of the Development Code from the city to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets; and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(B) Findings of fact. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards; disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(1) 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.
(2) 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 may increase flood hazards in other areas.
(C) Statutory authorization. The legislature of the state has in O.R.S. Chapter 227 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(D) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. Many of these definitions also appear in § 152.003. All the definitions listed below apply to this section.
APPEAL. A request for a review of the City Manager’s interpretation of any provision of this section of the Development Code.
AREA OF SHALLOW FLOODING. A designated AO, AH, AR/AO, AR/AH or VO Zone on a community’s flood insurance rate map (FIRM) with a 1% 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 unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
BASE FLOOD. The flood having a 1% 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.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BELOW GRADE. Crawlspace means an enclosed area below the base flood elevation in which the interior grade does not exceed two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the bottom of the lowest horizontal structural member of the lowest floor does not exceed four feet at any point.
CRITICAL FACILITY. 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, installations which produce, use or store hazardous materials or hazardous waste.
DEVELOPMENT. Any human-made 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.
ELEVATED BUILDING. For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, sheer walls, post piers, pilings or columns.
FLOOD or FLOODING.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source; and
3. Mudslides (i.e., mudflows) which are approximately caused by flooding as defined in this division (D) and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves 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 a unanticipated force of nature, such as flash flooding or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding as defined in this division (D).
FLOOD INSURANCE RATE MAP (FIRM). 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. Can also mean flood elevation study, which 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.
FLOODWAY. 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.
FOUNDATION (PERMANENT). Primary support for a structure through which the imposed load is transmitted to the footing or earth.
LOWEST FLOOR. 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 non-elevation design requirements of this chapter found in division (G)(2)(a)2. below.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For insurance purposes, the term MANUFACTURED HOME does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. 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.
RECREATIONAL VEHICLE. 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 recreational, camping, travel or seasonal use.
START OF CONSTRUCTION. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. Law No. 97-348), being 16 U.S.C. §§ 3501 et seq.), 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 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. A walled and roofed building, a manufactured dwelling, a modular or temporary building or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE. 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% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% 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.
(a) The market value of the structure is:
1. The real market value of the structure prior to the start of the initial repair or improvement; or
2. In the case of damage, the real market value of the structure prior to the damage occurring.
(b) SUBSTANTIAL IMPROVEMENT does not 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”.
VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
(E) General provisions.
(1) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(2) 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 Tillamook County, Oregon and incorporated areas”, dated September 28, 2018, and as amended with accompanying flood insurance rate maps (FIRM), as subsequently amended by FEMA, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at City Hall, 210 Laurel Avenue in Tillamook, Oregon.
(3) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Unless otherwise indicated, non-compliance with the provisions of this chapter (including violations of conditions and safeguards established in connection with conditions) is classified as a violation punishable by a fine set by resolution.
(4) 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.
(5) In the 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.
(6) 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 human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(F) Administration.
(1) Establishment of development permit.
(a) Development permit required. A development permit, such as the city zoning clearance permit, city flood hazard development permit, the county construction permit, shall be obtained before construction or development begins within any area of special flood hazard established in division (D) above. The permit shall be for all structures including manufactured homes, as set forth in division (D) above, and for all development including fill and other activities, also as set forth in division (D) above.
(b) Application for development permit. Application for a development permit shall be made on forms furnished by the City Manager 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, all of the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
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 division (G)(2)(b); and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(2) Designation of the local administration. The City Manager is hereby appointed to administer and implement this subchapter by granting or denying development permit applications in accordance with its provisions. The City Manager may delegate to appropriately trained staff.
(3) Duties and responsibilities of the City Manager. Duties of the City Manager 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; and
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 division (G)(3) below are met.
(b) Use of other base flood data. When base flood elevation data has not been provided in accordance with division (E)(2) above, the City Manager may obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, State or other source, in order to administer divisions (G)(2) and (G)(3) below; and
(c) Information to be obtained and maintained.
1. Where base flood elevation data is provided through the flood insurance study or required as in division (F)(3)(b) above, 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, record and maintain the actual elevation and elevation certification (in relation to mean sea level); and
b. Maintain the floodproofing certifications required in division (G)(2)(b) below.
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. For manufactured homes, maintain the anchoring certifications required in division (G)(1)(a)3. below.
(d) Alteration of watercourses.
1. Notify adjacent communities and the Department of Land Conservation and Development 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. 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 division (F)(4) below.
(4) Variance procedure.
(a) Appeal Board.
1. The City Planning Commission as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. The City Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Manager in the enforcement or administration of this chapter.
3. In reviewing upon such applications, the City Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
4. The City Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
5. The city shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(b) Conditions for variances.
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing division (G)(5)(b)1. below has been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
6. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water tight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except (F)(4)(b)3., and otherwise complies with divisions (G)(1)(a) and (G)(1)(b) below.
(G) Provisions for flood hazard reduction.
(1) 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).
3. A registered architect or engineer shall certify that the anchoring system is in conformance with divisions (G)(1)(a)1. and (G)(1)(a)2. above prior to final inspection.
(b) Construction materials and methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. An elevation certificate for all new construction and substantial improvements shall be provided to the city for both pre-construction (part 1) and the final lowest floor certification (part 2) by the property owner.
(c) Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) Subdivision proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
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).
(e) Review of building permits. Where elevation data is not available either through the flood insurance study or from another authoritative source (division (F)(3)(b) above), 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 and the like, where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
(2) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in division (E)(2) above or division (F)(3)(b) above, the following provisions are required.
(a) Residential construction.
1. New construction and substantial improvement of any residential structure shall have the lowest flood, including basement, elevated to two feet above base flood elevation as determined with an elevation certificate; and
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 exist of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(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 to two feet above the base flood elevation as determined with an elevation certificate; or, together with attendant utility and sanitary facilities, shall:
1. Be floodproofed so that below the base flood level the structure is water tight 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 provisions of this division (G)(2)(b)3. 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 division (F)(3)(c)2. above.
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in division (G)(2)(a)2. above.
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 constructed to the base flood level will be rated as one foot below that level).
(c) Manufactured homes.
1. All manufactured homes to be placed or substantially improved within Zones A1 through 30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (G)(1)(a) above.
2. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the bottom of the longitudinal chassis frame beam shall be at or above the base flood elevation (BFE) and be securely anchored to an adequately designed foundation system to resist floatation, collapse and lateral movement. Electrical crossover connections shall be a minimum of 12 inches above the BFE. Crossover ducts are allowed below the BFE, but shall be constructed to prevent floodwaters from entering or accumulating within system components. This may require an engineer’s certification.
3. If the manufactured dwelling is supported on solid foundation walls, the ground area reserved for the placement of a manufactured dwelling shall be a minimum of two feet above BFE unless the foundation walls are designed to automatically equalize hydrostatic forces 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 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; and
c. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) Recreational vehicles. Recreational vehicles may occupy a site in a special flood hazard area for periods of 180 consecutive days or greater providing they are fully licensed and ready for highway use, on its wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Recreational vehicles that do not meet these criteria become manufactured homes and must be anchored and elevated pursuant to division (G)(1)(a)2. above.
(e) Floodways. Floodways are designated within areas of special flood hazard established in division (E)(2) above. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles and erosion potential the following provisions apply:
1. a. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless through hydrologic and hydraulic analyses performed in accordance with standard engineering practice by a registered professional civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. The supporting technical data for “no-rise” certification shall be based upon a step-back water analysis and conveyance compensation analysis as required by FEMA and the procedures for “no-rise” certification for proposed developments in the regulatory floodway.
2. If division (G)(2)(e)1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provision of this division (G).
(3) Encroachments. The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point within the flood zone.
(4) Zones with base flood elevations but no regulatory floodway.
1. In areas within Zones A1 through 30 and AE on the community’s FIRM with a base flood elevation but where no regulatory floodway has been designated, new construction, substantial improvements or other development (including fill) shall be prohibited, 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.
2. Applicants of proposed projects that increase the base flood elevation more than one foot shall obtain from FEMA a conditional letter of map revision (CLOMR) before the project may be permitted. As soon as possible, but no later than six months after project completion, an application for a letter of map revision (LOMR) shall be submitted by the applicant to FEMA. The applicant is responsible for paying any costs associated with the CLOMR and LOMR process.
(5) Standards for shallow flooding areas (AO Zones).
(a) Shallow flooding areas appear on FIRM’S as AO Zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident.
(b) Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply.
1. New construction and substantial improvements of residential structures with AO Zones shall have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least two feet if no depth number is specified).
2. New construction and substantial improvements of nonresidential structures within AO Zones shall either:
a. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least two feet if no depth number is specified);
b. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is water tight 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 division (G)(2)(b)3. above; and
c. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(6) 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 facility construction within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above the BFE. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the BFE shall be provided to all critical facilities to the extent possible.
(H) Restrictions.
(1) Restrictions. Restrictions regarding height, rear yards, side yards, front yard setbacks, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific zone located within the flood hazard overlay zone area.
(2) Prohibited uses. It shall be unlawful to erect, alter, maintain or establish in a flood hazard overlay zone any building, use or occupancy not permitted or allowed in the foregoing provisions, except existing non-conforming uses, which may continue as provided in § 152.073.
(I) Requirement to submit new technical data.
(1) Within six months of project completion, an applicant who obtains a conditional letter of map revision (CLOMR) from FEMA, or whose development alters a watercourse, modifies floodplain boundaries or base flood elevations shall obtain from FEMA a letter of map revision (LOMR) reflecting the as-built changes to the FIS and/or FIRM.
(2) It is the responsibility of the applicant to hove technical data prepared in a format required for a CLOMR or LOMR and to submit such data to FEMA on the appropriate FEMA Form MT-2 application forms. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(3) Applicants shall be responsible for all costs associated with obtaining a CLOMR or LOMR from FEMA.
(4) The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met all applicable requirements of this chapter.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 1338, passed 10-1-2018) Penalty, see § 152.999