Chapter 15.24 FLOODPLAIN MANAGEMENT

The legislature of the state of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord. 1397 § 2, 2006)

15.24.020 Findings of fact.

A. The flood hazard areas of Ferndale are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1397 § 2, 2006)

15.24.030 Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A. To protect human life and health;

B. To minimize expenditure of public money and costly flood-control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

E. 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. 1397 § 2, 2006)

15.24.040 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1397 § 2, 2006)

15.24.050 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Ferndale. (Ord. 1397 § 2, 2006)

15.24.060 Compliance.

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. (Ord. 1397 § 2, 2006)

15.24.070 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. 1397 § 2, 2006)

15.24.080 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Ferndale, any officer, elected or appointed official, or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision. (Ord. 1397 § 2, 2006)

15.24.090 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

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

B. “Area of shallow flooding” means a designated 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.

C. “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

D. “Base flood” means the flood having a one percent chance of being equalled or exceeded in any given year.

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

F. “Best available information” means, in the absence of official Flood Insurance Rate Map data, communities can use data from other federal, state or other sources provided this data has either been generated using technically defensible methods or is based on reasonable historical analysis and experience.

G. “Critical facility” means a facility for which even a slight chance of flooding would be too great. Critical facilities include but are not limited to schools, hospitals, police, fire and emergency response installations, nursing homes, and installations which produce, use or store hazardous materials or hazardous waste.

H. “Designated floodway and flood protection elevation” means the regulatory floodway which has been delineated on the Flood Insurance Rate Map (FIRM) or the Flood Boundary/Floodway Map (FBFM) of a community’s flood insurance study and is included in the community’s flood damage prevention ordinance. “Flood protection elevation” means one foot above the base flood elevation.

I. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or the structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.

J. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land area 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.

K. “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.

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

M. “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.

N. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at FMC 15.24.200(B).

O. “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 connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers and other similar vehicles.

P. “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.

Q. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

R. “Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or any agency of the state or local governmental unit however designated.

S. “Special flood hazard area” means an area subject to a base or 100-year flood; areas of special flood hazard are shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, A1 – 30, AE, A99, AH, VO, V1 – 30, VE or V.

T. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation 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.

U. “Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Manufactured homes are considered structures.

V. “Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed 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 comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

W. “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.

X. Water Dependent. A “water dependent” structure for commerce or industry is one which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

Y. “Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands have one or more of the following three attributes:

1. At least periodically, the land supports predominantly hydrophytes;

2. The substrate is predominantly undrained hydric soil; and

3. The substrate is nonsoils and is saturated with water or covered by shallow water at some time during the growing season of each year. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.100 Report and maps adopted by reference.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study, Whatcom County, Washington (all jurisdictions),” dated May 30, 2003, with an accompanying Flood Insurance Rate Map, dated May 30, 2003, and any revisions thereto are adopted by reference and declared to be a part of this chapter as of January 16, 2004. The Flood Insurance Study and Flood Insurance Rate Map are on file at City Hall. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.110 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Controlling filling, grading, dredging and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1397 § 2, 2006)

15.24.115 Regulatory area.

The minimum regulatory area for local floodplain management regulations shall be those areas subject to a base (100-year) flood and designated as special flood hazard areas on the most recent maps provided by the Federal Emergency Management Agency for the National Flood Insurance Program. (Ord. 1397 § 2, 2006)

15.24.120 Development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in FMC 15.24.100. The permit shall be for all structures including manufactured homes, as set forth in FMC 15.24.090, and for all other development including fill and other activities, also as set forth in FMC 15.24.090. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

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

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

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in FMC 15.24.210;

D. Description of the extent to which a watercourse will be altered or relocated as a result of a proposed development. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.130 General standards.

In all areas of special flood hazards, the standards set out in FMC 15.24.140 through 15.24.180 are required. (Ord. 1397 § 2, 2006)

15.24.140 Anchoring.

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

B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). (Ord. 1397 § 2, 2006)

15.24.150 Construction materials and methods.

A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Fill or development located easterly of the I-5 freeway and in the floodplain area which increases the net flood levels shall be prohibited. Alternate construction methods or mitigation measures may be incorporated, provided they do not create a net increase in flood level as determined by a professional engineer. (Ord. 1397 § 2, 2006)

15.24.160 Utilities.

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

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

C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1397 § 2, 2006)

15.24.170 Subdivision proposals.

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

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

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

D. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). (Ord. 1397 § 2, 2006)

15.24.175 Critical facilities.

A. Critical facilities should be afforded additional flood protection due to their nature. The City therefore imposes minimum standards which are in addition to those used for other types of development.

B. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the 100-year floodplain as identified on the City’s FIRM. Construction of new critical facilities shall be permissible within the 100-year frequency floodplain if no feasible alternative site is available. Critical facilities constructed within the 100-year frequency floodplain shall have the lowest floor elevated to three or more feet above the level of the 100-year frequency flood. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.

C. Access routes elevated to or above the level of the 100-year frequency flood shall be provided to all critical facilities to the extent possible. (Ord. 1397 § 2, 2006)

15.24.180 Review of building permits.

Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (FMC 15.24.250(B)), 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, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 1397 § 2, 2006)

15.24.190 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in FMC 15.24.090 or 15.24.250(B), the provisions set out in FMC 15.24.200 through 15.24.225 are required. (Ord. 1397 § 2, 2006)

15.24.200 Residential construction.

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

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

1. A minimum of two openings on different sides of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, shall be provided.

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

3. Openings may be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.210 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 least one foot above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

A. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

C. 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 section 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 FMC 15.24.250(C)(2);

D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in FMC 15.24.200(B);

E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 1397 § 2, 2006)

15.24.220 Manufactured homes.

All manufactured homes in the floodplain to be placed or substantially improved on sites 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 anchored foundation system to resist flotation, collapse and lateral movement. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.222 Recreational vehicle parks.

Recreational vehicles placed on sites within Zones A1 – 30, AH and AE shall meet one of the following requirements:

A. Be on-site for fewer than 180 consecutive days and be fully licensed and ready for highway use, on its wheels or jacking system and be attached to the site only by quick disconnect type utilities and security devices, with no permanently attached additions; or

B. Meet the requirements of FMC 15.24.200 for residential construction and the requirements of FMC 15.24.220 for the elevation and anchoring requirements for manufactured homes. (Ord. 1397 § 2, 2006)

15.24.225 Flood protection elevation.

In order to account for the impacts of future development on flood depths, and in order to ensure the least expensive insurance rates for floodplain occupants, all development within special flood hazard areas which requires elevation or floodproofing shall be elevated or floodproofed to or above the flood protection elevation (base flood elevation plus one foot). (Ord. 1397 § 2, 2006)

15.24.230 Floodways.

Located within areas of special flood hazard established in FMC 15.24.100 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements and other development, unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

B. If subsection (A) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of FMC 15.24.130 through 15.24.235. (Ord. 1450 § 1, 2008; Ord. 1397 § 2, 2006)

15.24.235 Special flood hazard areas with designated floodways.

In addition to those NFIB requirements for designated floodways, within designated floodways are prohibited construction or reconstruction of residential structures except for:

A. Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and

B. Repairs, reconstruction or improvements to a structure the cost of which does not exceed 50 percent of the market value of the structure either:

1. Before the repair, reconstruction or improvement is started; or

2. If the structure has been damaged, and is being restored, before the damage occurred.

Work done on structures to comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent determination. (Ord. 1397 § 2, 2006)

15.24.238 Standards for shallow flooding areas (AO zones).

Repealed by Ord. 1450. (Ord. 1397 § 2, 2006)

15.24.240 Floodplain Administrator – Designated.

The Planning and Building Director is designated Floodplain Administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1397 § 2, 2006)

15.24.250 Floodplain Administrator – Duties.

Duties of the Floodplain Administrator 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;

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 FMC 15.24.230(A) are met.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with FMC 15.24.090, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer FMC 15.24.190 through 15.24.230.

C. Information to Be Obtained and Maintained.

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

2. For all new or substantially improved floodproofed structures:

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

b. Maintain the floodproofing certifications required in FMC 15.24.120(C);

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

D. Alteration of Watercourses.

1. Notify adjacent communities and the state of Washington 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 FMC 15.24.260 and 15.24.270. (Appeal data shall be provided by registered engineer or registered surveyor.) (Ord. 1397 § 2, 2006)

15.24.260 Hearings Examiner.

A. The Hearings Examiner as established by the City of Ferndale shall hear and decide appeals and request for variances from the requirements of this chapter.

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

C. Those aggrieved by the decision of the Hearings Examiner, or any taxpayer, may appeal such decision to the superior court, as provided by statute.

D. In passing upon such applications, the Hearings Examiner 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 damage 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 floodwaters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

E. The only condition under which a variance 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 subsections (D)(1) through (D)(11) of this section have been fully considered.

F. Upon consideration of the factors of subsections (D)(1) through (D)(11) of this section, and the purposes of this chapter, the Hearings Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

G. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1397 § 2, 2006)

15.24.270 Variances.

A. 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 the remainder of this section.

B. Variances shall not be issued within a designated floodway.

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

D. Variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance will result in exceptional hardship to the applicant;

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in FMC 15.24.260(D) or conflict with existing local laws or ordinances.

E. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, 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.

F. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (A) of this section, and otherwise complies with FMC 15.24.140 and 15.24.150.

G. 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. Applicant must show that flood insurance has been purchased. (Ord. 1397 § 2, 2006)

15.24.275 Wetlands management.

A. Wetlands are areas of great natural productivity and hydrological utility, providing natural flood control, flood desynchronization, and flow stabilization of rivers and streams. The unrestricted use and development of wetlands will destroy many of these beneficial qualities which directly affect human health and safety during flood events. The piecemeal alterations and destruction of wetlands through draining, dredging, filling and other means has an adverse cumulative impact on their ability to reduce flood damages.

B. The City should, to the maximum extent possible, seek to avoid the short- and long-term adverse impacts associated with destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to ameliorate flooding impacts. Proposals for development within special flood hazard areas (base floodplains) should be reviewed for their possible impacts on wetlands located within the floodplain. The City should ensure that development activities in or around wetlands do not negatively affect public safety, health and welfare by disrupting the wetlands’ ability to reduce flood and storm hazards. (Ord. 1397 § 2, 2006)

15.24.280 Permitted uses in the floodway.

No residential structures are allowed within the floodway except for residential structures existing prior to April 7, 1982. (Ord. 1397 § 2, 2006)

15.24.285 Penalties and enforcement.

A. The attorney for the local government shall bring such injunctive, declaratory or other actions as are necessary to ensure compliance with this chapter.

B. Any person who fails to comply with this chapter shall also be subject to a civil penalty not to exceed $1,000 for each violation. Each violation or each day of noncompliance shall constitute three separate violations.

C. The penalty provided for in this section shall be imposed by notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or the City, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.

D. Any penalty imposed pursuant to this section by the City shall be subject to review by the City Council. Any appeal from a penalty jointly imposed by the Department of Ecology and the City shall be appealed to the DOE Pollution Control Hearings Board. (Ord. 1397 § 2, 2006)