Chapter 15.40 FLOOD DAMAGE PREVENTION

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 to:

A. Protect human life and health;

B. Minimize expenditures of public money and costly flood control projects;

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

D. Minimize prolonged business interruptions;

E. 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. 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. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

H. Ensure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 546 § 1.1, 1980).

15.40.020 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 building inspector’s interpretation of any provision of this chapter or a request for a variance.

B. “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.

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 equaled or exceeded in any given year, and may also be referred to as the “100-year flood.”

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

F. “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.

G. “Designated floodway” means the regulatory floodway which has been delineated on the flood insurance rate map (FIRM) or the flood boundary/floodway map (FBFM) of the city’s flood insurance study and is included in the city’s flood damage prevention ordinance.

H. “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.

I. “Existing 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 for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before March 16, 1980.

J. “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, either final site grading or pouring of concrete pads, or the construction of streets).

K. “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.

L. “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

M. “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.

N. “Flood protection elevation” means one foot above the base flood elevation.

O. “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.

P. “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 in FMC 15.40.200(B) (provided there are adequate flood ventilation openings).

Q. “Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used 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 travel trailers, park trailers and other similar vehicles.

R. “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.

S. “New construction” means structures for which the start of construction commenced on or after March 16, 1980.

T. “New manufactured home park or manufactured home subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after March 16, 1980.

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

V. “Recreational vehicle” means a vehicle (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

W. “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 slabs 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 as part of the main structure.

X. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Y. “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 50 percent of the market value of the structure before the damage occurred.

Z. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 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 local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

AA. “Variance” means a grant of relief of the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

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

CC. “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 predominately hydrophytes;

2. The substrate is predominately 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. 1956 § 1, 2017; Ord. 1554-05 § 1, 2005; Ord. 971 § 1, 1988; Ord. 546 § 2, 1980).

15.40.030 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 users, be protected against flood damage at the time of initial construction;

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

D. Controlling filling, grading, dredging, and other development which may increase flood damage. When development is permitted under this subsection, it shall be designed to a zero-rise standard. Any filling, grading, or clearing associated with the permitted development shall not increase flood hazards, water velocities or flood elevations. In addition to meeting the requirements for zero-rise, all permitted developments must also meet the following requirements:

1. Compensatory storage. New excavated storage volume shall be equivalent to the flood storage capacity eliminated by filling, grading or placing structures within the flood fringe. “Equivalent” shall mean that the storage removed shall be replaced by equal live storage volume connected to the floodplain through their entire depth;

2. Flow conveyance. New excavated conveyance areas shall be equivalent to existing conveyance within the flood fringe. “Equivalent” shall mean a mechanism for transporting water from one point to another using an open channel system;

3. Erosion protection. Development shall be protected from flow velocities greater than two feet per second through the use of bio-engineering methods or, when bio-engineering methods have been deemed insufficient to protect development, then hard armoring may be utilized. All erosion protection shall extend one to three feet, depending on development requirements, above base flood elevation and shall be covered with top soil and planted with native vegetation;

E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 1580-05 § 1, 2005; Ord. 546 § 1.2, 1980).

15.40.040 Applicability of provisions.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 546 § 1.2, 1980).

15.40.050 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Pierce County and Incorporated Cities” dated March 7, 2017, with accompanying flood insurance maps and any revisions thereto are adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at city of Fife, 5411 23rd Street East, Fife, Washington. (Ord. 1956 § 2, 2017; Ord. 1554-05 § 2, 2005; Ord. 546 § 3.2, 1980).

15.40.060 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. 546 § 3.3, 1980).

15.40.070 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. 546 § 3.4, 1980).

15.40.080 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. 546 § 3.5, 1980).

15.40.090 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 occasion. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 546 § 3.6, 1980).

15.40.100 Development permit – Required – Application.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in FMC 15.40.050. The permit shall be for all structures including manufactured homes as set forth in FMC 15.40.020 and for all development including fill and other activities as set forth in FMC 15.40.020. Application for a development permit shall be made on forms furnished by the City 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 15.40.210;

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 971 § 2, 1988; Ord. 546 § 4.1, 1980).

15.40.110 Community development director – Administration powers.

The community development director of the city is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1859 § 94, 2014; Ord. 971 § 3, 1988; Ord. 546 § 4.2, 1980).

15.40.120 Community development director – Duties and responsibilities.

Duties of the community development director 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 15.40.230 are met.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with FMC 15.40.050, basis for establishing the areas of special flood hazard, or in order to update or supplement the data, the community development director 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 15.40.200, 15.40.210, 15.40.215, 15.40.220 and 15.40.230.

C. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided through the flood insurance study or as required in subsection (B) of this section, obtain and record the actual (as-built) 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 nonresidential structures:

a. Verify and record the actual elevation (in relation to mean sea level) to which any structure has been floodproofed; and

b. Maintain the floodproofing certifications required in FMC 15.40.100(C), which certification shall be provided upon completion of construction and prior to occupancy.

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

D. Alteration of Watercourses.

1. Notify adjacent communities and the Washington State Department of Ecology 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 the 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 hazard (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 15.40.250. (Ord. 1859 § 95, 2014; Ord. 1554-05 § 3, 2005; Ord. 971 § 4, 1988; Ord. 546 § 4.3, 1980).

15.40.130 General standards.

In all areas of special flood hazard the standards set forth in FMC 15.40.140 through 15.40.180 are required. (Ord. 546 § 5.1, 1980).

15.40.140 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 shall likewise be anchored to prevent flotation, collapse, or lateral movement and shall be installed using methods and practices that minimize flood damage. For more detailed information, refer to guidebook FEMA-85 “Manufactured Home Installation in Flood Hazard Areas.” Specific requirements shall be that:

1. Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

4. Any additions to the manufactured home be similarly anchored.

C. An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the building inspector that this standard has been met. (Ord. 1554-05 § 4, 2005; Ord. 971 § 5, 1988; Ord. 546 § 5.1-1, 1980).

15.40.150 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. (Ord. 971 § 6, 1988; Ord. 546 § 5.1-2).

15.40.160 Utilities.

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

B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters in the systems and discharge from the systems into flood water.

C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

D. Water wells shall be located on high ground outside of the floodway. (Ord. 1554-05 § 5, 2005; Ord. 546 § 5.1-3, 1980).

15.40.170 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. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less). (Ord. 546 § 5.1-4, 1980).

15.40.180 Review of building permits.

Where elevation data is not available, 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. 971 § 7, 1988; Ord. 546 § 5.1-5, 1980).

15.40.190 Specified standards.

In all areas of special flood hazard where base flood elevation data has been provided as set forth in FMC 15.40.050, basis for establishing the areas of special flood hazard or FMC 15.40.120(B), use of other base flood data, the provisions set forth in FMC 15.40.200 through 15.40.220 are required. (Ord. 546 § 5.2, 1980).

15.40.200 Residential construction.

A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more 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 flood waters. 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 having a total net area of not less than one square inch for each 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 flood waters. (Ord. 971 § 8, 1988; Ord. 546 § 5.2-1, 1980).

15.40.210 Nonresidential construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:

A. Be floodproofed so that below one foot above 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; and

C. Be certified by a registered professional engineer or architect that the designs 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. Such certifications shall be provided to the building inspector as set forth in FMC 15.40.120(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 15.40.200(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 floodproofed to one foot above the base flood level will be rated as at the base flood level). (Ord. 971 § 9, 1988; Ord. 546 § 5.2-2, 1980).

15.40.215 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood plain. Construction of new critical facilities shall be permissible within the base flood plain if no feasible alternative site is available. Critical facilities constructed within the base flood plain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated or above the level of the base flood plain shall be provided to all critical facilities to the extent possible. (Ord. 971 § 10, 1988).

15.40.220 Manufactured homes.

All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the city’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is 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, in accordance with the provisions of FMC 15.40.140. (Ord. 1554-05 § 6, 2005; Ord. 971 § 11, 1988; Ord. 546 § 5.2-3, 1980).

15.40.225 Recreational vehicles.

Recreational vehicles placed on sites are required to either:

A. Be on the site for fewer than 180 consecutive days; or

B. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only be quick disconnect type utilities and security devices, and have no permanently attached additions; or

C. Meet the requirements of FMC 15.40.220 above and the elevation and anchoring requirements for manufactured homes. (Ord. 1554-05 § 7, 2005).

15.40.230 Floodways.

Located within areas of special flood hazard established in FMC 15.40.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters 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 that encroachments shall not result in any increase in flood level during the occurrence of the base flood discharge;

B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for:

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

2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: (a) before the repair, reconstruction, or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent determination;

C. 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 15.40.130 through 15.40.240, provisions for flood hazard reduction. (Ord. 1554-05 § 8, 2005; Ord. 971 § 12, 1988; Ord. 546 § 5.3, 1980).

15.40.240 Wetlands management.

To the maximum extent possible, the city shall avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to ameliorate flooding impacts. To that end, the city shall:

A. Review proposals for development within base flood plains for their possible impacts on wetlands located within the floodplain;

B. Ensure that development activities in and/or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands’ ability to reduce flood and storm drainage; and

C. Request technical assistance from the department of ecology in identifying wetland areas. Existing wetland map information from the national wetlands’ inventory (NWI) can be used in conjunction with the city’s FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention. (Ord. 971 § 13, 1988).

15.40.250 Appeal board.

A. The hearing examiner as established by the city council shall herein decide appeals and requests for variances from the requirements of this chapter.

B. The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building inspector in the enforcement or administration of this chapter.

C. In passing upon such applications, the hearing 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 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 owners;

4. The importance of the services provided by the proposed facility to the city;

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 the 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.

D. Upon consideration of the factors set forth in subsection (C) of this section and the purpose of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

E. The city shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1802 § 9, 2012; Ord. 1593-06 § 41, 2006; Ord. 971 § 14, 1988).

15.40.260 Conditions for variances.

A. 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 (1) through (11) in FMC 15.40.250(C) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historical Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section, upon a determination that the proposed reconstruction, rehabilitation or restoration will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

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

E. Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would 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 this chapter or conflict with existing local laws or ordinances.

F. 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.

G. 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 of the other variance criteria except that set forth in subsection (A) of this section, and otherwise complies with FMC 15.40.140 and 15.40.150.

H. Any applicant to whom a variance is granted shall be given written notice over the signature of the community development director that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (I) of this section.

I. The city shall (1) maintain a record of all variance actions, including justification for their issuance, and (2) report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator. (Ord. 1956 § 3, 2017; Ord. 971 § 15, 1988).

15.40.270 Penalties and enforcement.

A. The city attorney shall bring such injunctive, declaratory or other actions as are necessary to insure 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 a separate violation.

C. The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail, return receipt requested, or by personal service, directed to the person incurring the same from 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 shall be subject to review by the city council. (Ord. 971 § 16, 1988).