Chapter 15.16
DEVELOPMENT IN FLOOD AREAS
Sections:
15.16.010 Statutory authorization.
15.16.030 Statement of purpose.
15.16.040 Methods of reducing flood losses.
15.16.060 Lands to which this chapter applies.
15.16.070 Basis for establishing the areas of special flood hazard.
15.16.080 Penalties for noncompliance.
15.16.090 Abrogation and greater restrictions.
15.16.110 Warning and disclaimer of liability.
15.16.120 Establishment of development permit.
15.16.130 Designation of the local administrator.
15.16.140 Duties and responsibilities of the local administrator.
15.16.150 Conditions for variances.
15.16.190 Chapter provisions not exclusive.
15.16.010 Statutory authorization.
The legislature of the state has in Chapter 36.70 RCW delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council of the city does ordain as set out in this chapter. (Ord. 1835 § 1, 2015)
15.16.020 Findings of fact.
A. The flood hazard areas of the city 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 impacted 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 flooding losses. (Ord. 1835 § 1, 2015)
15.16.030 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:
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. 1835 § 1, 2015)
15.16.040 Methods of reducing flood losses.
In order to accomplish its purpose, 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, 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 flood plains, 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; and
E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 1835 § 1, 2015)
15.16.050 Definitions.
Unless specifically defined below, terms 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 local administrator’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. Designation on maps always includes the letters “A” or “V.”
D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designated on the FIRM by the letters “A” or “V.”
E. “Basement” means any area of the building having its floor sub-grade below ground level on all sides.
F. “Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
G. “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, and installations which produce, use, or store hazardous materials or hazardous waste.
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. “Elevated building” means 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.
J. “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 water 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 (FIS)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate 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 non-elevation design requirements of this chapter found at RMC 15.16.170(A)(2) (i.e., provided there are adequate flood ventilation openings).
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 attached 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 a “recreational vehicle.”
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. “Recreational vehicle” means a vehicle:
1. Built on a single chassis;
2. Four hundred 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.
S. “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 or permanent construction of a structure on a site, such as the pouring of a concrete 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 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.
T. “Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
U. “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.
V. Substantial Improvement.
1. “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:
a. Before the improvement or repair is started; or
b. 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.
2. The term does not, however, include either:
a. 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
b. 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 that permits construction in a manner that would otherwise be prohibited by this chapter.
X. “Water dependent” means 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. (Ord. 1835 § 1, 2015)
15.16.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 1835 § 1, 2015)
15.16.070 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 “Flood Insurance Study, Pacific County, Washington, and Incorporated Areas, dated May 18, 2015,” with accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study (FIS) and the FIRM are on file at City Hall, 230 Second Street, Raymond, Washington. The best available information for flood hazard area identification as outlined in RMC 15.16.140(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under RMC 15.16.140(B). The base flood elevation is established at 10 feet NAVD 1988, per the FIRM dated May 18, 2015. (Ord. 1835 § 1, 2015)
15.16.080 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 regulations. Violation of the provisions 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. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction hereof be fined not more than $300.00 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1835 § 1, 2015)
15.16.090 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. 1835 § 1, 2015)
15.16.100 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. 1835 § 1, 2015)
15.16.110 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 Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 1835 § 1, 2015)
15.16.120 Establishment of development permit.
A. Development or Building Permit Required. A development or building permit shall be obtained before development or construction begins within any area of special flood hazard established in RMC 15.16.070. The building permit shall be for all structures including manufactured homes, as set forth in RMC 15.16.050, and the development permit for all other development, including fill and other activities, also as set forth in RMC 15.16.050.
B. Application for Permits. Application for a building permit shall be in accordance with RMC 15.84.030. Application for a development permit shall be made on forms furnished by the city. Applications shall include, but not be limited to, plans in duplicate drawn to scale showing the nature, locations, 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:
1. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by an authorized official;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in RMC 15.16.170(B);
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 1835 § 1, 2015)
15.16.130 Designation of the local administrator.
The director of public works is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1835 § 1, 2015)
15.16.140 Duties and responsibilities of the local administrator.
Duties of the local 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 government 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 RMC 15.16.180(A) are met.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided (in A or V zones) in accordance with RMC 15.16.070, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from the federal, state, or other source, in order to administer RMC 15.16.170 and 15.16.180.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as 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. Record elevations on a current elevation certificate (FF 81-31) with Section B completed by an authorized official.
2. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (B) of this section:
a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and
b. Maintain the floodproofing certifications required in RMC 15.16.120(B)(3).
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of Watercourses.
1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and
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 (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 as provided in RMC 15.16.200. (Ord. 1835 § 1, 2015)
15.16.150 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 or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
B. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. 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, 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, or the 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 RMC 15.16.160(A), (C), and (E).
G. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
H. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1835 § 1, 2015)
15.16.160 General standards.
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. 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. For more detailed information, refer to FEMA-85 guidebook titled “Manufactured Home Installation in Flood Hazard Areas.”
B. Construction Materials and Methods.
1. All new construction and substantial improvement 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. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
2. Water wells shall be located on high ground that is not in the floodway, see WAC 173-160-171 for additional guidelines.
3. 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.
4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. Storage of Certain Materials. The storage of materials within special flood hazard areas that in the time of flooding are buoyant, flammable, explosive, or could be deleterious to the environment are prohibited.
E. 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, gas, electrical, and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. 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).
F. Review of Building Permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (RMC 15.16.140(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 the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 1835 § 1, 2015)
15.16.170 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in RMC 15.16.070 or 15.16.140(B), the following provisions are required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum. Adding this additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 percent. Adding additional freeboard is encouraged.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above the finished ground grade;
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that the openings permit the automatic entry and exit of floodwaters. Note: Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted which may increase flood insurance premiums.
B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum, or together with attendant utility and sanitary facilities shall:
1. Be floodproofed so that below one foot or more above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water. Adding an additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 percent. Adding additional freeboard is encouraged.
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
3. Be stamped by a registered professional engineer or certified by an architect to ensure 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. Project certifications shall be provided to the official as set forth in RMC 15.16.140(C)(2).
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section.
5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).
C. Manufactured Homes. All manufactured homes to be placed or substantially improved within “A” and “V” zones on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of RMC 15.16.160(A).
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than 180 consecutive days; or
2. 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
3. Meet the requirements of subsection (C) of this section.
E. Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of areas of special flood hazard (100-year floodplain). Construction of new critical facilities shall be permissible within the areas of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the areas of special flood hazard shall have the lowest floor elevated three feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 1835 § 1, 2015)
15.16.180 Floodways.
Located within areas of special flood hazard established in RMC 15.16.070 are areas designated as floodways. Since the floodway can be an extremely hazardous area as a result of the velocity of floodwaters which may carry debris, and can increase erosion potential on unprotected shorelines and roadways, the following provisions apply:
A. Prohibition of encroachments, including compacted and uncompacted fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels 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 fair market value of the structure either:
a. Before the repair or reconstruction is started; or
b. 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, may be excluded from the 50 percent fair market value limitation.
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 RMC 15.16.160 and 15.16.170. (Ord. 1835 § 1, 2015)
15.16.190 Chapter provisions not exclusive.
Nothing contained in this chapter shall infringe upon or derogate against the provisions of the fire zone ordinance and the building code of the city. (Ord. 1835 § 1, 2015)
15.16.200 Appeals.
A. The planning commission, established by the city council, shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.
C. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety 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 cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
D. Upon consideration of the factors of subsection (C) of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E. The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1835 § 1, 2015)