§ 153.57 TEMPORARY STRUCTURES AND TEMPORARY STORAGE IN A1-A30 AND AE ZONES WITH A FLOODWAY.

   (A)   Temporary structures placed in the floodway. Relief from no-rise evaluation, elevation, or dry flood-proofing standards may be granted for a non-residential structure placed during the dry season (June through October) and for a period of less than 90 days. A plan for the removal of the temporary structure after the dry season or when a flood event threatens shall be provided. The plan shall include disconnecting and protecting from water infiltration and damage all utilities servicing the temporary structure.

   (B)   Temporary storage (temporary storage does not include hazardous materials) in the floodway. Temporary storage of goods and materials is allowed in the floodway for a period of less than 90 days within the dry season (June through October).

(Ord. 527, passed 1-14-2013)

§ 153.58 ESSENTIAL FACILITIES.

   (A)   Construction of new essential facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new essential facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Flood-proofing and sealing measures must be taken to ensure that toxic substances or priority organic pollutants as defined by the Oregon Department of Environmental Quality will not be displaced by or released into flood waters. The lowest floor shall be elevated three feet above the base flood elevation or to the height of the 500-year flood, whichever is higher. Access routes elevated to or above the level of the base flood elevation shall be provided to all essential facilities to the maximum extent possible.

   (B)   New essential and new special occupancy structures may not be constructed in the Tsunami Inundation Zone. If an exception is granted then the Coastal High Hazard Area construction standards shall apply.

(Ord. 527, passed 1-14-2013)

§ 153.59 TANKS.

   (A)   New and replacement tanks in flood hazard areas either shall be elevated above the base flood elevation on a supporting structure designed to prevent flotation, collapse, or lateral movement during conditions of the base flood, or be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood.

   (B)   New and replacement tank inlets, fill openings, outlets, and vents shall be placed a minimum of two feet above base flood elevation or fitted with covers designed to prevent the inflow of flood water or outflow of the contents of the tank during conditions of the design flood.

(Ord. 527, passed 1-14-2013)

§ 153.60 FENCING.

   New and replacement fencing shall be designed to collapse under conditions of the base flood or to allow the passage of water by having flaps or openings in the areas at or below the base flood elevation sufficient to allow flood water and associated debris to pass freely. Fencing located in the regulatory floodway shall meet the requirements of § 153.51.

(Ord. 527, passed 1-14-2013)

§ 153.61 DEVELOPMENT, INCLUDING ACCESSORY STRUCTURES, IN NON-COASTAL SPECIAL FLOOD HAZARD AREAS (ALL A ZONES).

   (A)   All development (including substantial improvements) in non-coastal high hazard areas (all A Zones) for which provisions are not specified in this chapter or state specialty codes shall:

      (1)   Be located and constructed to have low damage potential;

      (2)   Be constructed with materials resistant to flood damage;

      (3)   If located in a regulatory floodway, meet the limitations of § 153.51;

      (4)   Be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

      (5)   Have all enclosures below the base flood elevation designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of flood water. Designs for complying with this requirement must be certified by a licensed professional engineer or architect, or:

         (a)   Provide 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;

         (b)   The bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening; and

         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of flood water in both directions without manual intervention;

      (6)   Have electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

   (B)   Walled and roofed accessory structures, including substantial improvement to existing accessory structures, shall meet the requirements of division (A) above and shall:

      (1)   Be less than 200 square feet and not exceed one story;

      (2)   Have unfinished interiors and not be temperature controlled;

      (3)   Not be used for human habitation and may be used solely for parking of vehicles or storage of items having low damage potential when submerged; and

      (4)   Not be used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality, unless confined in a tank installed in compliance with this chapter or stored at least one foot above base flood elevation.

(Ord. 527, passed 1-14-2013)

VARIANCE PROCEDURES AND CRITERIA

§ 153.75 VARIANCE.

   (A)   An application for a variance must be submitted to the city on the form provided by the city and include at a minimum the same information required for a development permit and an explanation for the basis for the variance request.

   (B)   The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant. See variance procedure for directions.

   (C)   The Floodplain Administrator shall maintain a permanent record of all variances and report any variances to the Federal Emergency Management Agency upon request.

(Ord. 527, passed 1-14-2013)

§ 153.76 CRITERIA FOR VARIANCES.

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

   (B)   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 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with divisions (H)(1) through (H)(10). As the lot size increases the technical justification required for issuing the variance increases.

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

   (D)   Variances shall only be issued upon a:

      (1)   Showing of good and sufficient cause;

      (2)   Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

      (3)   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.

   (E)   Variances may be issued for a water dependent use provided that:

      (1)   The criteria of divisions (A) through (D) of this section are met; and

      (2)   The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

   (F)   Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in this section.

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

   (H)   In passing upon such applications, the city 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.

(Ord. 527, passed 1-14-2013)

§ 153.77 VARIANCE DECISION.

   If the variance is approved, the community shall notify the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(Ord. 527, passed 1-14-2013)

§ 153.99 PENALTY.

   (A)    No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations.

   (B)   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, 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 in accordance with the minimum fine schedule for the city. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. 527, passed 1-14-2013)