Chapter 15.52 FLOOD DAMAGE PREVENTION

The legislature of the state of Washington has delegated the responsibilities to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the council of the city ordains as set out in this chapter. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §1.1, 1989)

15.52.020 Findings of fact.

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

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed and elevated, or otherwise protected from flood damage, also contribute to the flood loss. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §1.2, 1989)

15.52.030 Purpose of provisions.

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

A. To protect human life and health;

B. To minimize expenditures 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;

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I. Participate in and maintain eligibility for flood insurance and disaster relief. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §1.3, 1989)

15.52.040 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.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

“Area of shallow flooding” means a designated AO, AH, AR/AO or AR/AH zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of 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.

“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. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR, V, VO, V1-30, or VE.

“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

“Base flood” means 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)” means the elevation to which floodwater is anticipated to rise during the base flood.

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

Building. See “Structure.”

“Building code” means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities may 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” 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.

“Elevation certificate” means 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” means “essential facility” as 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” means 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 regulations adopted by the community.

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

“Farmhouse” means 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” means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters; and/or

b. The unusual and rapid accumulation of runoff of surface waters from any source.

c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) 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.

2. 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 (1)(a) of this definition.

“Flood elevation study” means 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)” means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards 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. See “Flood elevation study.”

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood or flooding.”

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

“Floodplain management regulations” means 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” means 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” 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 a designated height. Also referred to as “regulatory floodway.”

“Functionally dependent use” means 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.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

1. 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;

2. 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;

3. 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

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior, or

b. Directly by the Secretary of the Interior in states without approved programs.

“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 Section 15.52.260.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for the use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, “manufactured home” does not include park trailers, travel trailers and other similar vehicles.

“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.

“Mean sea level” means (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” means, 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 substantial improvements to such structures for which a permit may be required. 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 regulation adopted by a community and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means 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 on or after the effective date of adopted floodplain management regulations adopted by the community.

One-Hundred-Year Flood or 100-Year Flood. See “Base flood.”

“Reasonably safe from flooding” means 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” means a vehicle which is:

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.

“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 one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation such as clearing, grading 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. 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” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

“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 fifty percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any repair, reconstruction, 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, however, include either:

1. 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 which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

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

“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.

“Water surface elevation” means 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. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §1, 2015: Ord. 1114 §§1, 2, 3, 2004; Ord. 883 §2, 1989)

15.52.050 Methods of flood reduction generally.

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

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

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

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

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

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §1.4, 1989)

15.52.060 Applicability of provision.

Such chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §3.1, 1989)

15.52.070 Special flood area establishment--Basis.

The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Yakima County, Washington and Incorporated Areas” dated October 21, 2021, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs) dated November 18, 2009, and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The FIS and FIRM are on file at the Wapato City Hall, located at 205 East Third Street, Wapato, Washington. The best available information for flood hazard area identification as outlined in Section 15.52.150 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 15.52.150. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §2, 2015: Ord. 1213 §1, 2009: Ord. 1114 §4, 2004: Ord. 883 §3.2, 1989)

15.52.075 Compliance.

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.080 Greater restrictions to apply.

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. 2023-6 §1 (Exh. A), 2023; Ord. 883 §3.4, 1989)

15.52.090 Interpretation of provisions.

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. 2023-6 §1 (Exh. A), 2023; Ord. 883 §3.5, 1989)

15.52.100 Liability disclaimer.

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 man-made 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 thereunder. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §3.6, 1989)

15.52.110 Violation--Penalty.

No structure or land shall hereafter be constructed, substantially improved, 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 thereof be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing contained in this chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §3.3, 1989)

Article II. Administration

15.52.120 Development permit--Required.

A development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Section 15.52.070. The permit shall be for all structures including manufactured homes, as defined in Section 15.52.040, and for all development including fill and other activities, also as set forth in Section 15.52.040. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1114 §5, 2004: Ord. 883 §4.1-1, 1989)

15.52.130 Development permit--Application.

Applications for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

A. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate;

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 met the floodproofing criteria in Section 15.52.260;

D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

E. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

F. Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §4.1-2, 1989)

15.52.140 Administrator--Designated.

The city code enforcement officer (as the building official for the city), or authorized designee, is appointed to administer, implement, and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. In the event the city no longer has a dedicated code enforcement officer serving as the building official for the city, the city clerk/treasurer shall be the authorized designee responsible for administration, processing and enforcement under this chapter. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §4.2, 1989)

15.52.150 Administrator--Duties and responsibilities.

Duties of the city code enforcement officer, or authorized designee, 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 Section 15.52.290 are met.

4. Review all development permits to determine that the site is reasonably safe from flooding.

5. Notify FEMA when annexations occur in the special flood hazard area.

6. Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.52.070, the city code enforcement officer, or authorized designee, 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 Sections 15.52.240 through 15.52.290.

C. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided through the flood insurance study (FIS), flood insurance rate map (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.

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 maintain a record of the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

b. Maintain the floodproofing certifications required in Section 15.52.130(C).

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

4. Certification required by Section 15.52.290(A) (floodway encroachments).

5. Records of all variance actions, including justification for their issuance.

6. Improvement and damage calculations.

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 Administrator through appropriate notification means; and

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 hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretations as provided in Sections 15.52.160 and 15.52.170.² (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §3, 2015: Ord. 883 §4.3, 1989)

15.52.160 Variance--Procedure.

A. Appeal Board.

1. The council as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

2. The council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city code enforcement officer, or authorized designee, in the enforcement or administration of this chapter.

B. Those aggrieved by the decision of the city council or any taxpayer may appeal such decision to the superior court of the state of Washington, as provided by statute.

C. In passing upon such applications, the city council 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 of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

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

D. Upon consideration of the factors of subsection C of this section and the purpose of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

E. The city code enforcement office and/or clerk/treasurer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administrator upon request. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §4.4-1, 1989)

15.52.170 Variance--Conditions.

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 and less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Sections 15.52.160(C)(1) through (11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variances increases.

B. 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.

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 Section 15.52.160(C), 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. Repealed by Ord. 2023-6.

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. 2023-6 §1 (Exh. A), 2023; Ord. 883 §4.4-2, 1989)

Article III. Flood Hazard Reduction

15.52.180 Standards generally.

In all areas of special flood hazard, the standards set out in Sections 15.52.190 through 15.52.230 are required. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.1, 1989)

15.52.190 Anchoring.

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to guidebook FEMA-85, “Manufactured Home Installation in Flood Hazard Areas.” (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §4, 2015: Ord. 883 §5.1-1, 1989)

15.52.200 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. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.1-2, 1989)

15.52.205 Storage of materials and equipment.

A. The storage or processing of large or excess quantities 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.

B. 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. (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.210 Utilities.

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

B. Water wells shall be located on high ground that is not in the floodway.

C. 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.

D. On-site waste disposal systems shall be located to avoid impairments to them or contamination from them during flooding. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §5, 2015: Ord. 1114 §6, 2004; Ord. 883 §5.1-3, 1989)

15.52.220 Subdivision proposals and development.

A. All subdivision proposals as well as new development shall be consistent with the need to minimize flood damage.

B. All subdivision proposals and new development 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 and new development shall have adequate drainage provided to reduce exposure to flood damage.

D. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less). (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.1-4, 1989)

15.52.230 Building permit review.

Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (Section 15.52.150(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.1-5, 1989)

15.52.240 Specific standards generally.

In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 15.52.070 or 15.52.150(B), the provisions set out in Sections 15.52.250 through 15.52.320 are required. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.2(part), 1989)

15.52.250 Residential construction.

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 residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation (BFE). Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.

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

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

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

3. Openings may be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

C. New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in Section 15.52.294.

D. 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. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §6, 2015: Ord. 883 §5.2-1, 1989)

15.52.260 Nonresidential construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 15.52.250 or 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 Section 15.52.150(C)(2);

D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 15.52.250(B); and

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. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §7, 2015: Ord. 883 §5.2-2, 1989)

15.52.270 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood. Construction of new critical facilities shall be permissible within the base flood if no feasible alternative site is available. Critical facilities constructed within the base flood shall have the lowest floor elevated to three feet or more above the level of the base flood elevation (BFE) at the site or to the height of the five-hundred-year flood, whichever is higher. 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. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.2-3, 1989)

15.52.280 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 in accordance with the provisions of Section 15.52.190(B). (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1303 §8, 2015: Ord. 1114 §7, 2004: Ord. 883 §5.2-4, 1989)

15.52.285 Small accessory structures (detached garages and small storage structures).

For A Zones (A, AE, A1-30, AH, AO):

A. 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:

1. Use of the appurtenant structure must be limited to parking of vehicles or limited storage;

2. The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;

3. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;

4. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE;

5. The appurtenant structure must comply with floodway encroachment provisions in Section 15.52.290(A);

6. The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Section 15.52.250(B);

7. The structure shall have low damage potential;

8. If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and

9. The structure shall not be used for human habitation.

B. Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.52.250.

C. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the floodplain administrator for verification. (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.290 Floodways.

Located within areas of special flood hazard established in Section 15.52.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would 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 fifty percent of the 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. 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 may be excluded from the fifty percent.

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 Sections 15.52.180 through 15.52.300. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1114 §§8, 9, 2004; Ord. 883 §5.3, 1989)

15.52.293 AE and A1-30 zones with base flood elevations but no floodways.

In areas with BFEs (when a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.294 Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this code, the following additional provisions also apply in AO zones:

A. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

B. New construction and substantial improvements of nonresidential structures within AO zones shall either:

1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect as in Section 15.52.260.

C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

D. Recreational vehicles placed on sites within AO zones on the community’s FIRM either:

1. Be on the site for fewer than one hundred eighty consecutive days; or

2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the requirements of subsections (A) and (C) of this section and the anchoring requirements for manufactured homes (Section 15.52.280). (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.295 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. (Ord. 2023-6 §1 (Exh. A), 2023)

15.52.300 Wetlands management.

To the maximum extent possible 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 alleviate flooding impacts. The following process should be implemented:

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

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

C. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetland Inventory (NWI) can be used in conjunction with the community’s FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 883 §5.4, 1989)

15.52.310 Encroachments.

Repealed by Ord. 1303. (Ord. 883 §5.4, 1989)

15.52.320 Recreational vehicles.

Recreational vehicles placed on sites are required to either:

A. Be on the site for fewer than one hundred eighty consecutive days;

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

C. Meet the requirements of Section 15.52.280 and the elevation and anchoring requirements for manufactured homes. (Ord. 2023-6 §1 (Exh. A), 2023; Ord. 1114 §10, 2004)

Prior ordinance history: Ordinance 763.

The following sections of this chapter should be retained for insurance rating purposes: 15.52.070, 15.52.120, 15.52.150(B), (C), (D), 15.52.180, 15.52.190, 15.52.200, 15.52.210, 15.52.220, 15.52.230, 15.52.250, 15.52.260, 15.52.270, 15.52.280, 15.52.290.

Editor’s Note: Ord. 883 included the following language after Section 4.3:

NOTE: If you do not include Sections 15.52.160 and 15.52.170, end the preceding sentence after the word “interpretation” and add the following sentence: “Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76).”