The purpose of the floodplain zoning district (FP) is 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 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 the public has access to information that property is in an area of special flood hazard;

H.

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

I.

To maintain compliance with the National Flood Insurance and Hazard Mitigation Program (see 44 CFR, Chapter 1, Subchapter B, Part 59-76, and updates and amendments thereto).

(Ord. 415 § 7.70.010, 2002)

For the purpose of this chapter, the following words, terms and expressions shall be interpreted in accordance with the following definitions, unless the context requires otherwise.

Area of shallow flooding means area designated AO or AH 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.

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.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year. The base flood is also referred to as the "one hundred (100) year flood."

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation of runoff of surface waters from any source.

Food 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.

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.

Lowest floor means 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 allows the entry and exit of flood waters.

New construction means structures for which the start of construction commenced on or after the adoption date of the ordinance codified in this chapter.

Start of constructionincludes 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 (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state 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.

Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

Substantial improvement means any allowed repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either 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 any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(Ord. 415 § 7.70.020, 2002)

Within the area subject to the hazards of one hundred (100) year periodic stream flooding, no existing structure shall be enlarged or structurally altered, nor shall the use be changed unless the change conforms with the allowed uses of this zone. The following use (and not others) are permitted uses. Variances from listed permitted uses are prohibited.

A.

Parks or recreation facility, including but not limited to, trails, pathways, picnic shelters and restrooms with municipal sewer service;

B.

Farming and farming structures;

C.

Parking and parking lots (gravel surface only), and parking structures;

D.

Non-dwelling accessory structures.

(Ord. 488, § 2(Exh. A), 2019; Ord. 419 § 17, 2002: Ord. 415 § 7.70.030, 2002)

A.

Utility facilities including but not limited to waste water treatment plant, water treatment plant and power station located more than one hundred (100) feet from the top of the bank.

B.

Boat landing and launch facility.

(Ord. 415 § 7.70.040, 2002)

A.

Area of Application. All property which falls within the boundaries of the one hundred (100) year floodplain shown on the FEMA maps as areas of special flood hazard shall be subject to the provisions of this title.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration on the Flood Insurance Maps dated August 30, 1974 as revised on February 27, 1976, are adopted by reference and declared to be a part of this title. The city shall utilize all authoritative information available in determining the location of special flood hazard areas.

C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations.

D.

Abrogation and Greater Restrictions. This title is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Literally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

F.

Disclaimer of Liability. The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering flood plain standards prepared by the Federal Insurance Administration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This title 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 title 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 title or any administrative decision lawfully made thereunder.

(Ord. 415 § 7.70.060, 2002)

A.

A special permit shall be obtained before construction or development begins within any area of special flood hazard. The permit shall be required for all structures, and for all other development including fill and other activities and subdividing and partitioning as set forth in Chapter 16.04, Definitions.

B.

The Planning Director shall review all development applications to determine if the property is subject to this chapter. Upon determination that the property is located within the flood hazard zone, the applicant shall submit an application for a special permit under this chapter.

C.

The Planning Director shall make interpretations where needed as to exact location of the boundaries of the areas of flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

D.

The Planning Director shall notify all applicants flood proofing nonresidential buildings that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

E.

When an alteration to a waterway is proposed, the Planning Director shall notify adjacent communities, the Division of State Lands and the Oregon Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

F.

The Planning Commission shall review and approve all special permit applications submitted under this chapter in accordance with the provisions of this chapter and Chapter 16.76, and shall insure that all necessary permits have been obtained from those federal, states, or local governmental agencies from which prior approval is required.

G.

The City Recorder shall maintain for public inspection the following records:

1.

Where base flood elevation data is provided through the Flood Insurance Map or by the applicant, a record of the actual elevation (in relation to mean sea level) of the lowest habitable 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 flood proofed structures, a record the actual elevation (in relation to the mean sea level) and the flood proofing certifications;

3.

For all new or substantially improved nonresidential structures, the certification that the flood proofing methods and elevations meet the flood proofing criteria in Section 16.18.070(I).

(Ord. 415 § 7.60.060, 2002)

The Planning Commission may approve, approve with conditions, or deny a special permit based upon the following finding:

A.

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

B.

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

C.

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

D.

Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be elevated one foot above the one hundred (100) year flood plain so as to prevent water from entering or accumulating within components during conditions of flooding.

E.

All new and replacement water supply systems shall be designed to prohibit infiltration of flood waters into the system.

F.

New and replacement sanitary sewage systems shall be designed to prohibit infiltration of flood waters into the systems and discharge from the systems into flood waters. No on-site disposal systems shall be allowed.

G.

In all areas of special flood hazards where base flood elevations data has been provided:

1.

Substantial improvement of any existing residential structure shall have the lowest floor, including basement, elevated to one foot above base flood elevations. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited. Parking, crawl spaces and storage is allowed below the lowest floor provided the area is designed to permit the entry and exit of floodwaters.

2.

Substantial improvement of any existing commercial, industrial or other nonresidential structure, or new construction, under the permitted and conditional use of Sections 16.18.030 and 16.18.040, located within number A zones (as defined by the Federal Emergency Management Agency) shall either have the lowest floor, including basement, elevated to one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a.

Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the design and methods of construction in accordance with accepted standards of this subsection based on their development and/or review of the structural design, specifications and plans.

3.

Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection (I)(1) of this section.

H.

In all areas where base flood elevation data is not available, either through the Flood Insurance Map, the Federal Emergency Management Agency or from another authoritative source, applications 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. All structures shall be elevated at least two feet above grade in these areas.

I.

Located within areas of special flood hazard established in Section 16.18.060(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

1.

Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within Zones A1 and A2 (as defined by the Federal Emergency Management Agency) unless certification by registered professional engineer or architect is provided that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and all such encroachments are anchored in a manner preventing displacement during a one hundred (100) year event.

(Ord. 415 § 7.70.070, 2002)

A.

All applications shall be made on forms provided by the city and shall be accompanied by:

1.

A registered professional engineer's certification that the proposed project will not cause a rise in base flood elevation during a one hundred (100) year event as it exists on the FIRM Flood Insurance Rate Map effective August 30, 1974 as revised on February 27, 1976 or create additions that would be detrimental to adjacent or neighboring properties;

2.

Three copies of the development plan(s) and necessary data or narrative which explains how the development conforms to the standards. Sheet size for the development plan(s) and required drawings shall not exceed eighteen (18) inches by twenty-four (24) inches and the scale for all development plans shall be an engineering scale. One copy shall be no larger than eleven (11) inches by seventeen (17) inches.

B.

The development plan and narrative shall include the following information. Items may be combined on one map:

1.

Existing site conditions including vicinity map showing the location of the property in relation to adjacent properties and including parcel boundaries, dimensions and gross area;

2.

The location, dimensions and names of all existing and platted streets and other public ways, railroad tracks and crossings, and easements on adjacent property and on the site and proposed streets or other public ways, easements on the site;

3.

The location, dimensions and setback distances of all existing structures, improvements, utility and drainage facilities on adjoining properties and existing structures, water, sewer, improvements, utility and drainage facilities to remain on the site; and proposed structures, water, sewer, improvements, utility and drainage facilities on the site;

4.

Existing contour lines at two-foot intervals for slopes from zero to ten (10) percent and five-foot intervals for slopes over ten (10) percent;

5.

The drainage patterns and drainage courses on the site and on adjacent lands;

6.

Potential natural hazard areas including:

a.

Floodplain areas,

b.

Areas having a high seasonal water table within zero to twenty-four (24) inches of the surface for three or more weeks of the year,

c.

Unstable ground (areas subject to slumping, earth slides or movement). Where the site is subject to landslides or other potential hazard, a soils and engineering geologic study based on the proposed project may be required which shows the area can be made suitable for the proposed development,

d.

Areas having a severe soil erosion potential, and

e.

Areas having severe weak foundation soils;

7.

Identification information, including the name and address of the owner, developer, and project designer, and the scale and north arrow;

8.

A grading and drainage plan at the same scale as the site conditions and including the following:

a.

The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals,

b.

A statement from a registered engineer supported by factual data that all drainage facilities are designed in conformance A.P.W.A. standards and as reviewed and approved by the public works director;

9.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures and elevation in relation to mean sea level to which the structure has been flood proofed;

10.

Certification by a registered professional engineer or architect that elevations for any nonresidential structure meet the flood proofing criteria in Section 16.18.070(B);

11.

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

12.

When base flood elevation data has not been provided on the FIRM Maps, the applicant shall obtain and provide any base flood elevation and floodway data available from federal, state, or other sources.

(Ord. 415 § 7.70.080, 2002)

A.

The transportation of buoyant or hazardous materials from rising floodwaters contributes to the community's flood hazard. Accordingly, a permit must be obtained from the Planning Commission prior to storage, placement or stockpiling in a flood hazard zone. The application shall be processed according to Chapter 16.76.

B.

In determining whether or not a permit will be granted to store, place or stockpile buoyant or hazardous materials in a flood hazard area, the Planning Commission shall consider the following:

1.

The nature of the materials (e.g., buoyancy, toxicity, flammability);

2.

The danger that materials may be swept onto other properties or structures with resulting injury or damage;

3.

The necessity of locating the materials on the particular site, especially in terms of public benefit;

4.

The ability of emergency vehicles to reach the site in times of flooding;

5.

The availability of alternative locations which are less susceptible to flooding;

6.

The applicant's plan for hazard mitigation.

C.

The placement, storage or stockpiling of buoyant or hazardous materials in a floodway is prohibited unless it is associated with a short-term public works project. The Planning Commission must consider the flood potential and establish a time in which the materials must be removed.

(Ord. 415 § 7.70.090, 2002)