CHAPTER 15.50
FLOODPLAIN MANAGEMENT
Sections:
15.50.010 Statement of purpose.
15.50.030 Lands to which this chapter applies.
15.50.040 Basis for establishing the areas of special flood hazard.
15.50.050 Abrogation and greater restrictions.
15.50.060 Warning and disclaimer of liability.
15.50.070 Development permit required.
15.50.080 Application for development permit.
15.50.090 Designation of the Land Use Administrator.
15.50.100 Duties and responsibilities of the Land Use Administrator.
15.50.010 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for 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; and streets and bridges located in flood hazard areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;
G. Notify potential buyers that the property is in a special flood hazard area;
H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and
I. Participate in and maintain eligibility for flood insurance and disaster relief. (Ord 22-578 §1 (Exh. A)
15.50.020 Definitions.
The following definitions shall apply to this chapter:
Alteration of watercourse: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.
Appeal: A request for a review of the interpretation of any provision of this chapter or a request for a variance.
Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH (or VO) on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
ASCE 24: The most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
Base flood: 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").
Base flood elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood.
Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway wall: 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.
Building: See "Structure."
Building Code: The currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council and as amended by the City.
City: The City of Quincy.
Coastal high hazard area: 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 V1-30, VE or V.
Critical facility: 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, and installations which produce, use, or store hazardous materials or hazardous waste.
Development: 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: For insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Elevation certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
Essential facility: This term has the same meaning as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.
Existing manufactured home park or subdivision: 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 before the effective date of the floodplain management requirements adopted by the City.
Expansion to an existing manufactured home park or subdivision: 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).
Farmhouse: A single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.
Flood or flooding:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(1) of this definition.
Flood Elevation Study: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).
Flood Insurance Rate Map (FIRM): The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS): See "Flood Elevation Study."
Floodplain or flood prone area: Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
Floodplain management requirements: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
Floodway: 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 a designated height. Also referred to as "Regulatory floodway."
Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
Hearing Examiner: The person or persons appointed as Hearing Examiner as provided for in Section 2.18.020 or as Hearing Examiner pro tempore as provided for in Section 2.18.040.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states without approved programs.
Land Use Administrator: Has the same meaning as stated in Section 17.01.030.
Lowest floor: 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 this chapter (i.e., provided there are adequate flood ventilation openings).
Manufactured home: 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: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Mean sea level: For purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management requirements adopted by the City and includes any subsequent improvements to such structures.
New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the new 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 floodplain management requirements adopted by the City.
NFIP: National Flood Insurance Program.
One-hundred-year-flood or 100-year flood: See "Base flood."
Reasonably safe from flooding: Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, "reasonably safe from flooding" means that the lowest floor is at least two feet above the highest adjacent grade.
Recreational vehicle: A vehicle:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Start of construction: Includes substantial improvement and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. 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: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage: 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: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not include either:
A. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
B. Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure’s continued designation as a "historic structure."
Variance: A grant of relief by the City from the terms of a floodplain management requirement.
Water dependent: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord 22-578 §1 (Exh. A)
15.50.030 Lands to which this chapter applies.
This chapter shall apply to all special flood hazard areas within the boundaries of the City. All development within special flood hazard areas is subject to the terms of this chapter and other applicable requirements. (Ord 22-578 §1 (Exh. A)
15.50.040 Basis for establishing the areas of special flood hazard.
The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for Grant County, Washington and Incorporated Areas" dated February 18, 2009, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated February 18, 2009, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRM are on file at the City’s Public Services Building.
The best available information for flood hazard area identification as outlined in Section 15.50.100(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 15.50.100(B). (Ord 22-578 §1 (Exh. A)
15.50.050 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 any ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord 22-578 §1 (Exh. A)
15.50.060 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 the City, any officer or employee thereof, or the Federal Insurance Administrator, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord 22-578 §1 (Exh. A)
15.50.070 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.50.040. The permit shall be for all structures, manufactured homes, and for all development as that term is defined in Section 15.50.020. (Ord 22-578 §1 (Exh. A)
15.50.080 Application for development permit.
Application for a development permit shall be made on forms furnished by the Land Use Administrator and may include, but are not 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. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate. The Land Use Administrator shall complete any section on the elevation certificate that requires FIRM information (e.g., Section B on the NFIP elevation certificate);
B. Proposed elevation in relation to mean sea level to which any structure has been floodproofed;
C. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in Section 15.50.120(B);
D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
E. Any other such information that may be reasonably required by the Land Use Administrator in order to review the application.
The fees for the development permit are as provided for in the City’s Rate Resolution and any fixed fees shall be paid at the time the application for a development permit is submitted to the Land Use Administrator. (Ord 22-578 §1 (Exh. A)
15.50.090 Designation of the Land Use Administrator.
The City’s Land Use Administrator is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The Land Use Administrator has the authority to delegate any part of their duties as provided for under this chapter to another City employee. (Ord 22-578 §1 (Exh. A)
15.50.100 Duties and responsibilities of the Land Use Administrator.
Duties of the Land Use Administrator shall include, but not be limited to:
A. Permit Review. Review all development permits to determine whether:
1. The permit requirements of this chapter have been satisfied.
2. All other required state, federal and local permits have been obtained.
3. The proposed development is located in the floodway.
4. The proposed development is a watercourse alteration.
5. The proposed development includes placement of fill or excavation.
6. The proposed development qualifies as a substantial improvement.
B. Use of Other Base Flood Data (In A Zones). When base flood elevation data has not been provided (in A zones) in accordance with Section 15.50.040, the Land Use Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other authoritative source, in order to administer Section 15.50.120.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the FIS, FIRM, or as required by subsection (B) of this section, obtain and maintain a record of 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 where base flood elevation data is provided through the FIS, FIRM, or as required by subsection (B) of this section:
a. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed.
b. Maintain the floodproofing certifications required by Section 15.50.080(C).
3. Maintain records of all variance actions under this chapter, including justification for their issuance.
4. Improvement and damage calculations.
5. Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means.
2. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., 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. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the NFIP.
F. Review of Other Permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source as provided in subsection (B) of this section, applications for floodplain development 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 habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.)
G. Notification to FEMA. Notify FEMA in writing:
1. When annexations occur in the special flood hazard area.
2. Of changes to the base flood elevation within six months of when technical or scientific information of such changes becomes available in accordance with 44 CFR 65.3. The notification shall include the technical or scientific information. (Ord 22-578 §1 (Exh. A)
15.50.110 General standards.
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.
2. All manufactured homes shall 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. For more detailed information, refer to guidebook, FEMA-85, "Manufactured Home Installation in Flood Hazard Areas."
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.
3. 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.
C. Storage of Materials and Equipment.
1. The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.
2. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.
D. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
2. Water wells shall be located on high ground that is not in the floodway (WAC 173-160-171).
3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
E. Subdivision Proposals and Development. All subdivisions, as well as new development, shall:
1. Be consistent with the need to minimize flood damage;
2. Have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
3. Have adequate drainage provided to reduce exposure to flood damage; and
4. Where subdivision proposals and other proposed developments contain greater than fifty lots or five acres (whichever is the lesser) base flood elevation data shall be included as part of the application. (Ord 22-578 §1 (Exh. A)
15.50.120 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.50.040 or 15.50.100(B), the following provisions are required:
A. Residential Construction.
1. In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.
2. New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs must meet or exceed the following minimum criteria:
a. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
d. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (B)(1) or (2) of this section.
1. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:
a. In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE, or as required by ASCE 24, whichever is greater.
b. If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
c. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage 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:
i. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
iv. A garage attached to a structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.
2. If the requirements of subsection (B)(1) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:
a. Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater;
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 subsection 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 subsection (C)(2) of this section;
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A) of this section;
Note: Applicants who are 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). Floodproofing the building an additional foot will reduce insurance premiums significantly.
C. Manufactured Homes. All manufactured homes 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.
D. Recreational Vehicles.
1. Recreational vehicles placed on sites are required to either:
2. Be on the site for fewer than one hundred eighty consecutive days, or
3. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
4. Meet the requirements of subsection (C) of this section.
E. Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
F. Appurtenant Structures (Detached Garages and Small Storage Structures). For A zones (A, AE, A1-30, AH, AO):
1. Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:
a. Use of the appurtenant structure must be limited to parking of vehicles or limited storage;
b. The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;
c. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;
d. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE;
e. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with subsection (A) of this section;
f. The structure shall have low damage potential;
g. If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and
h. The structure shall not be used for human habitation.
2. Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in subsection (A) of this section.
3. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Land Use Administrator for verification. (Ord 22-578 §1 (Exh. A)
15.50.130 Critical facilities.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (one-hundred-year floodplain). 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 BFE 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 BFE shall be provided to all critical facilities to the extent possible. (Ord 22-578 §1 (Exh. A)
15.50.140 Livestock.
Elevated areas for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. (Ord 22-578 §1 (Exh. A)
15.50.150 Variances.
A. The application for a variance shall be submitted to the Land Use Administrator on forms provided by the Land Use Administrator. The application must be submitted with the fixed fee stated for a variance as provided for in the City’s Rate Resolution. The application for a variance shall be processed according to the procedures set forth in Section 20.56.020.
B. The Hearing Examiner is authorized to grant or deny any application for a variance. The Hearing Examiner shall condition any grant of a variance as needed to ensure that the requirements of this chapter are met.
C. Variances shall only be issued:
1. Upon 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, or conflict with existing local laws or ordinances;
2. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation 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;
3. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
4. Upon a showing of good and sufficient cause;
5. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; or
6. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 15.50.020 in the definition of "functionally dependent use."
D. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
E. In considering an application for a variance, the Hearing Examiner shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;
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, water system, and streets and bridges; and
12. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
F. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance and that such construction below the BFE increases risks to life and property. (Ord 22-578 §1 (Exh. A)
15.50.160 Penalties for noncompliance.
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 requirements. Violations of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor as provided for in Section 1.01.110. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord 22-578 §1 (Exh. A)