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(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
(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)
(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)
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)
(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)
(A) In all special flood hazard areas.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(3) New construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(4) 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.
(B) Specific building design and construction standards for non-coastal residential construction (all A Zones) in addition to division (A).
(1) New construction and substantial improvement of residential structures located in non-coastal flood zones shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or three feet above highest adjacent grade where no BFE is defined.
(2) New construction and substantial improvement that have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement andare subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must be either be certified by a registered professional engineer or architect and 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 flood waters.
(C) Specific building design and construction standards for non-coastal, non-residential construction. In addition to division (A), new construction and substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, including basement, elevated according to Table 2-1 the American Society of Civil Engineers, Flood Resistant Design and Construction Standard (ASCE 24); or, together with attendant utility and sanitary facilities, shall:
(1) Be flood-proofed 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;
(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 based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the Floodplain Administrator;
(4) Non-residential structures that are elevated, not flood-proofed, must meet residential standards described in § 153.54; and
(5) Applicants flood-proofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (for example, a building flood-proofed to the base flood level will be rated as one foot below).
(D) Specific building design and construction standards for manufactured dwellings, non-coastal. In addition to divisions (A) and (B)(2), new, replacement, and substantially improved manufactured dwellings are subject to the following standards:
(1) 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 one foot above BFE unless the foundation walls are designed to automatically equalize hydrostatic forces by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or 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 flood waters.
(2) The bottom of the longitudinal chassis frame beam in A Zones, shall be at or above BFE (see Manufactured Dwelling Installation Specialty Code Interpretation dated January 1, 2011).
(3) The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (see FEMA’s Manufactured Home Installation in Flood Hazard Areas Guidebook for additional techniques); and
(4) Electrical crossover connections shall be a minimum of 12 inches above BFE (see Manufactured Dwelling Installation Specialty Code 6-4.1(1)).
(E) Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations that 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 often characterized as sheetflow. In these areas division (A) of this appendix and the following provisions shall apply.
(1) 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, a minimum of one foot above the depth number specified on the FIRM (at least three feet above HAG if no depth number is specified). See Oregon Residential Specialty Code R324.2.1, and 44 CFR Part 60.3(c)(7).
(2) New construction and substantial improvements of non-residential structures within AO Zones shall either:
(a) 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 three feet above HAG if no depth number is specified); or
(b) Together with attendant utility and sanitary facilities, be completely flood-proofed 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.
(Ord. 527, passed 1-14-2013)
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