Chapter 18.20


18.20.010    Purpose.

18.20.020    Permitted principal uses.

18.20.030    Permitted accessory uses.

18.20.040    Conditional uses.

18.20.050    Permits required.

18.20.060    Permit application.

18.20.070    Application requirements.

18.20.080    Determination of base or 100-year flood boundaries.

18.20.090    Standards for flood hazard protection.

18.20.010 Purpose.

The purpose of this chapter is to protect and promote the public health, safety and welfare of those people, places and structures that are within the channel or the area required to discharge the base 100-year flood. The floodway area includes at least that area designated as “floodway” by the Corps of Engineers and such contiguous areas found by the City Council to warrant said protection. Regulations are intended to avoid development which will:

A.    Create a hazard to human life and health;

B.    Cause public and private property damage;

C.    Cause surface or groundwater pollution;

D.    Create an unjustified public expense for protection, rescue, relief, or burden from business interruption, closings, and loss of wages, sales, etc.;

E.    Cause the City to lose eligibility for the federal flood insurance. (Ord. 1400 § 2, 2006)

18.20.020 Permitted principal uses.

Permitted principal uses are as follows:

A.    Only those uses are permitted which will not result in encroachment or increase in flood levels during occurrence of the base flood discharge (100-year flood). No residential structures are allowed within the floodway except for homes existing as of the date of the ordinance codified in this title. Examples of uses which may be permitted in the floodway are: pastures, gardens, forestry, parking and loading areas, golf courses, picnic grounds, lawns and play areas and municipal uses.

B.    All developments in the floodway zone shall require certification by a registered professional engineer or architect which demonstrates that such development will not result in any increase in flood levels over existing conditions during occurrence of the 100-year flood, and conforms to the Flood Insurance Administration “Provisions for Flood Hazard Protection.” (Ord. 1400 § 2, 2006)

18.20.030 Permitted accessory uses.

Permitted accessory uses are as follows: No accessory uses are allowed in the floodway zone. (Ord. 1400 § 2, 2006)

18.20.040 Conditional uses.

A.    Conditional uses are as follows:

1.    Commercial campgrounds;

2.    Public water treatment facilities;

3.    Public sewer treatment facilities;

B.    Refer to FMC 18.12.130 for specific information on review procedures for conditional use permits. (Ord. 1400 § 2, 2006)

18.20.050 Permits required.

All actions within the floodway zone which require either a building permit, shoreline substantial development permit or a subdivision of land shall require a flood hazard permit. (Ord. 1400 § 2, 2006)

18.20.060 Permit application.

For actions requiring a floodplain hazard permit, the applicant must complete and submit the application form which is provided by the City. No action shall commence until the Administrator has reviewed and approved the permit and said action must be conducted in compliance with terms of the permit. (Ord. 1400 § 2, 2006)

18.20.070 Application requirements.

The Administrator, in considering flood hazard permit applications, shall:

A.    Require a certified benchmark to be located within 200 feet of proposed structures prior to issuance of building permit;

B.    Require that applicant submit engineering and surveying data as is reasonably necessary to show that the flood hazard will not be increased by the proposed use or improvement;

C.    Transmit copies of the application and pertinent information to interested and affected departments and agencies and request technical assistance in evaluating the proposed application;

D.    Require, where special circumstances necessitate, more detailed information, such as the following:

1.    A valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information;

2.    Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities;

3.    Profile showing the slope of the bottom of the channel flowline of the stream;

4.    Soil types and conditions, vegetation and, if available, aerial photographs showing pertinent information. (Ord. 1400 § 2, 2006)

18.20.080 Determination of base or 100-year flood boundaries.

When base flood data is insufficient to establish certain boundaries of the floodway and flood fringe, the Administrator shall obtain, review and reasonably utilize any base flood elevation data available from federal, state or other sources to make boundary determinations, which said data at its present state of development mandates the flood level of new construction be at a level established by FEMA plus one foot in the floodway and floodway fringe. (Ord. 1400 § 2, 2006)

18.20.090 Standards for flood hazard protection.

The following general standards are to be met in floodway and floodway fringe areas:

A.    Anchoring.

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

2.    All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be those detailed in Chapter 18.60 FMC.

B.    Construction Materials and Methods.

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

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

C.    Utilities.

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

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

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

D.    Subdivision Proposals.

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

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

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

4.    Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or acres (whichever is less).

E.    Mobile Homes. Mobile home parks or subdivisions shall be constructed in accordance with Chapter 18.60 FMC, Mobile Home Park Developments.

F.    Applicants’ Duties. Developers or applicants for development in the floodway or flood fringe area are responsible for familiarizing themselves with the state, local and federal requirements concerning these areas. (Ord. 1400 § 2, 2006)