Chapter 11.50
FLOODPLAIN REGULATIONS
Sections:
11.50.010 Statement of purpose.
11.50.015 Lands to which this chapter applies.
11.50.016 Basis for establishing the areas of special flood hazard.
11.50.025 Floodplain coordinator.
11.50.030 Protection against flood damage.
11.50.035 Standards for residential and nonresidential construction.
11.50.050 Disclaimer of liability.
11.50.051 Abrogation and greater restrictions.
11.50.070 Variance procedures.
11.50.010 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to attempt to minimize public and private losses due to flood conditions in specific areas, by provisions designed:
(a) To protect human life and health;
(b) To attempt to minimize expenditure of public money and costly flood control projects;
(c) To attempt to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) To attempt to minimize prolonged business interruptions;
(e) To attempt 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;
(f) 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;
(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.012 Permit required.
(a) No person may construct, improve, remodel, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, boiler, furnace, water heater, breaker panel, oil tank, stationary propane tank, wood burning stove or fireplace, or excavate or place fill on any property located in an area designated as a special floodplain hazard without first obtaining a floodplain development permit.
(b) A person or entity who fails to obtain a floodplain development permit when required to do so, or who violates any provision of this chapter, is guilty of an infraction and shall be assessed a fine up to five hundred dollars per infraction, plus any surcharge required to be imposed by AS 12.55.039. Each day a violation exists constitutes a separate infraction. A person found to have violated any section of this chapter may be ordered by a court to correct the violation, including removing any offending structure or otherwise restoring the area to a safe condition. (Ord. O-14-01-02 § 26, 2014)
11.50.015 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.016 Basis for establishing the areas of special flood hazard.
A scientific and engineering report entitled “The Flood Insurance Study for the City of Nome, Alaska,” dated May 3, 2010, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference as the official Flood Insurance Study for the city of Nome and as the basis for regulation of development under this chapter. The flood insurance study is on file at Nome City Hall. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.020 Applications.
(a) Application for a building, remodeling, or moving permit for each structure within flood hazard areas shall be accompanied by the required fee. The application for a building, remodeling or moving permit within flood hazard areas shall be made on a form furnished by and returned to the building official.
(b) The information furnished in the application shall include, but is not limited to:
(1) The name and address of the owner of the tract;
(2) A legal description of the tract;
(3) Statement of the following elevations:
(A) The ground elevation after site preparation;
(B) Projected first-floor elevation;
(C) The basement floor elevation, if applicable;
(D) Base flood elevation data if the application is for a proposed subdivision or other development of more than fifty lots or larger than five acres;
(4) If the structure is located in a flood hazard area, information that demonstrates that the structure will be adequately protected against flood damage and that the structure or site preparation will not adversely affect flood elevations or velocities. The required protective measures are set forth in NCO Section 11.50.035.
(c) The information furnished in the application may include 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. If plans are included they shall contain the following information:
(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 NCO Section 11.50.035(d)(2); and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. O-10-04-01A § 2 (part), 2010: Ord. 01-12-1 § 4, 2001; Ord. O-93-6-6 § 1 (part), 1994)
11.50.025 Floodplain coordinator.
(a) The city manager or her designee shall be the floodplain coordinator. The floodplain coordinator is authorized to administer and implement this chapter including granting or denying development permit applications.
(b) Duties of the floodplain coordinator shall include, but not be limited to:
(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, determine if the encroachment provisions of NCO Section 11.50.035 are met.
(4) Review subdivision proposals and other development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision or other development proposal is in an area of shallow flooding, determine if:
(A) Such proposals minimize flood damage.
(B) Public utilities and facilities are proposed to be constructed so as to minimize flood damage.
(C) Adequate drainage is provided.
(5) Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, review applications for building permits to determine if the proposed construction will be reasonably safe from flooding.
(6) Where BFE data are utilized in Zone A, obtain and maintain records of the lowest floor and floodproofing elevations for new and substantially improved construction.
(7) When base flood elevation data has not been provided (A and V Zones) in accordance with NCO Section 11.50.016, Basis for establishing the areas of special flood hazard, obtain, review, and reasonably use any base flood elevation and floodway data available from a federal, state or other source, in order to administer NCO Section 11.50.035.
(8) Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in 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 record whether the structure contains a basement.
(9) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in this section:
(A) Verify and record the actual elevation (in relation to mean sea level);
(B) Maintain any required floodproofing certifications;
(C) Maintain for public inspection all records pertaining to the administration of this chapter.
(10) Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard.
(11) Alteration of Watercourses.
(A) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(B) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.030 Protection against flood damage.
(a) Within flood hazard areas no building, remodeling or moving permit shall be issued by the building official unless all of the following requirements and all applicable flood hazard regulations of the city are satisfied:
(1) Any new or substantially improved structure shall be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.
(2) Construction materials and utility equipment that are resistant to flood damage and construction practices and methods that will minimize flood damage shall be utilized.
(3) Construction or substantial improvement shall not be permitted unless the applicant demonstrates that any associated new or replacement water supply system and sanitary sewage system, including on-site systems, will be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
(b) In determining if the requirements of this section have been fulfilled, the intent of this chapter and at least the following items shall be considered:
(1) The adequacy of anchorage to resist flotation and lateral movement;
(2) The installation of watertight doors, bulkheads and shutters, or similar methods of closure;
(3) The reinforcement of walls to resist water pressures;
(4) The use of paints, membranes or mortars to reduce seepage of water through walls;
(5) The addition of mass or weight to structures to resist flotation;
(6) The installation of pumps to lower water levels in structure;
(7) The construction of water supply and waste treatment systems so as to prevent the entrance of flood waters;
(8) The installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures;
(9) The building design and construction to resist rupture or collapse caused by water pressure of floating debris;
(10) The location and installation of all electrical equipment, circuits, appliances and heating systems so that they are protected from inundation;
(11) The location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare, or design of such facilities to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters;
(12) The use of material such as sheathing, siding, subflooring and underlayment that are not subject to water damage due to prolonged submersion;
(13) The use of closed cell insulation to prevent waterlogging and consequent loss of insulating ability;
(14) The location of oil storage tanks outside the structure and anchoring to prevent disturbance by flood water. Tanks should be placed upon and secured to a concrete base slab of sufficient volume to prevent flotation. In the calculation of required anchorage, little recognition should be given to shear or friction values of the soils as they will be substantially reduced due to saturation. Both fill and vent pipes should extend above the expected high water level;
(15) The installation of a back water valve in sewer lines in an accessible location immediately adjacent to the exterior foundation wall. (Ord. O-10-04-01A § 2 (part), 2010: Ord. 01-12-1 § 5, 2001; Ord. O-93-6-6 § 1 (part), 1994)
11.50.035 Standards for residential and nonresidential construction.
In all areas of special flood hazard where base flood elevation data has been provided (Zones A1 through A30, AH, and AE), no application for a development permit shall be approved unless all the following requirements are satisfied:
(a) Residential Construction.
(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.
(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 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:
(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.
(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 at or above 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;
(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;
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor; and
(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 floodproofed to the base flood level will be rated as one foot below).
(c) Area of Shallow Flooding (AO Zones). In these areas, the following provisions apply in addition to any other applicable standards:
(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 one foot or more 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 one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or
(B) 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.
(3) Adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(d) Coastal High Hazard Areas. In these areas, in addition to any other applicable standard, the following provisions shall also apply:
(1) All new construction and substantial improvements in Zones V1 through V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:
(A) 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
(B) 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 (one-hundred-year mean recurrence interval); and
(C) 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 (d)(1)(A) and (B) of this section.
(2) Provide 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 through V30, VE, and V, and indicate whether such structures contain a basement.
(3) All new construction shall be located landward of the reach of mean high tide.
(4) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting 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 ten and no more than twenty pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty 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:
(A) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and
(B) 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 (one-hundred-year mean recurrence interval).
(5) If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.
(6) Use of fill for structural support of buildings is prohibited.
(7) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
(e) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA). 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 above highest adjacent grade or to the height of the five-hundred-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. 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 base flood elevation shall be provided to all critical facilities to the extent possible.
(f) Manufactured Homes.
(1) All manufactured homes to be placed or substantially improved on sites:
(A) Outside of a manufactured home park or subdivision;
(B) In a new manufactured home park or subdivision;
(C) In an expansion to an existing manufactured home park or subdivision; or
(D) 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 one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
(2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 through A30, AH, and AE on the FIRM that are not subject to the above manufactured home provisions shall be elevated so that either:
(A) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation; or
(B) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and is securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.040 Implementation.
(a) Permits issued pursuant to NCO Section 5.10.070 and NCO Title 18 shall conform to all ordinances or regulations as are from time to time established or amended; however, this chapter shall control in the event of any conflict unless specifically stated otherwise or unless the conflicting ordinance is more restrictive.
(b) In case any structure is constructed or substantially improved in violation of this chapter, NCO Section 5.10.070 or NCO Title 18, the city shall institute any proper actions or proceedings necessary, including enjoining of connections to public utilities, to restrain, correct or abate such violations.
(c) The city may enter into contracts and agreements with other government entities for the purpose of implementing the provisions of this chapter.
(d) The city shall consider the flood plan management program of neighboring municipalities when enforcing the ordinance or developing a flood plan management program.
(e) Nothing in this chapter shall be construed as applying to any structure existing prior to the effective date of the ordinance codified in this chapter unless it is substantially improved after the effective date. (Ord. O-10-04-01A § 2 (part), 2010: Ord. O-09-03-02 § 5, 2009; Ord. O-93-6-6 § 1 (part), 1994)
11.50.050 Disclaimer of liability.
The grant of a building, remodeling or moving permit or approval of a subdivision plan in the flood hazard area shall not constitute a representation guarantee or warranty of any kind by the city or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the city, its officials or employees. (Ord. O-10-04-01A § 2 (part), 2010: Ord. 01-12-1 § 6, 2001: Ord. O-93-6-6 § 1 (part), 1994)
11.50.051 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. O-10-04-01A § 2 (part), 2010)
11.50.052 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 city; and
(c) Deemed neither to limit or repeal any other powers granted under state statutes. (Ord. O-10-04-01A § 2 (part), 2010)
11.50.060 Definitions.
As used in this chapter:
“Accessory building” means a building customarily incidental and subordinate to, and located on the same lot with, the principal building.
“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.
“Area of special flood hazard” means those areas identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Nome, Alaska” dated May 3, 2010, and any revisions thereto, and in accompanying flood insurance rate maps (FIRMs), and any revisions thereto as areas of special flood hazard. Said engineering report with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference. The flood insurance study is on file at Nome City Hall. This area is intended to include all the land in the flood plain within the city of Nome subject to a one percent or greater chance of flooding in any given year. Designation of this area on maps always includes the letters A or V.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “one-hundred-year flood.” Designation of this area on maps always includes the letters A or V.
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“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.
“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 through V30, VE or V.
“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, installations which produce, use or store hazardous materials or hazardous waste.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
“Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Existing manufactured home park or subdivision” means a manufactured home park 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 Ordinance No. O-10-04-01A.
“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).
“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.
“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.
“Flood insurance study” means the Flood Insurance Study for the City of Nome, Alaska, dated May 3, 2010, and any revisions thereto.
“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.
“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 non-elevation design requirements of NCO Section 11.50.035(d)(1)(C).
“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.
“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.
“New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.
“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 Ordinance No. O-10-04-01A.
“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 one hundred eighty 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” means anything artificially built up or composed of parts joined together in some definite manner which requires location on the ground or attachment to something located on the ground. Structures include building, radio, T.V. and cellular telephone towers, storage vans, connex vans, sheds, water, sewer or fuel tanks, and permanent signs.
“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 fifty percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or city 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 structure listed on the National Register of Historic Places or a state inventory of historic places.
“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. (Ord. O-10-05-01 § 1, 2010; Ord. O-10-04-01A § 2 (part), 2010: Ord. 01-12-1 § 7, 2001; Ord. O-93-6-6 § 1 (part), 1994)
11.50.070 Variance procedures.
(a) Requests for variances shall be determined by the planning commission under the provisions of NCO Section 5.10.090.
(b) In addition to the standards for variances contained in NCO Section 5.10.090, the planning commission 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 flood plain 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.
(c) The planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(d) The floodplain coordinator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(e) Conditions for Variances. In addition to the standards of NCO Section 5.10.090, the following standards govern requests for variances from requirements for development permits:
(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 items in subsection (b) of this section have 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 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, and complies with all other variance criteria.
(f) 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. O-10-04-01A § 2 (part), 2010)