The legislature of the state has in the Oregon Revised Statutes, Chapter 227, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

As used in this chapter:

"Appeal" means a request for a review of the planning commission's interpretation of any provision of this chapter or a request for a variance.

"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.

"Area of special flooding 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.

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

"Below-grade crawl space" means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

"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, 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 located within the area of special flood hazard.

"Elevated building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"Existing mobile home park" or "mobile home subdivision" means a manufactured home park subdivision for which the construction of facilities for servicing the lot on which the mobile home is 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 adopted floodplain management regulations.

"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 waters from any source.

"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.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

"Floodway" means the channel of 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 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 found at Section 17.52.140(B).

"Manufactured/mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

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

"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 table by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, 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 slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as 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.

"State Building Code" means the combined specialty codes adopted by the state of Oregon.

"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 "substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty 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:

1.

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

2.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"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 which cannot exist in any other location and is dependent on the water by reasons of the intrinsic nature of its operations.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Josephine County, Oregon and Incorporated Areas", dated December 3, 2009 with accompanying flood insurance map (FIRM) is hereby adopted by reference and declared to be a part of this chapter.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

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

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

A.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, state building code, easement, covenant, or deed restriction conflict or overlap, whichever imposed the more stringent restrictions shall prevail.

B.

Severability. If any section clause, sentence, or phrase of the ordinance codified in this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of the ordinance.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

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 and rules including the state building code.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

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. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 17.52.040. The permit shall be for all structures including mobile homes, as set forth in Section 17.52.020, and for all other development including fill and other activities, also as set forth in Section 17.52.020.

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

A.

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

B.

Elevation in relation to mean sea level of floodproofing in any structure;

C.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 17.52.140(B);

D.

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

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

The planning commission is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Development permits granted by the planning commission where the development is located in the floodway shall also be submitted to the council of the city for approval.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

Duties of the planning commission, which may be delegated to the city recorder or planning commission secretary, shall include, but not be limited to:

A.

Permit Review.

1.

Review all development permits to determine that the permit requirements and conditions 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 17.52.150(A) are met.

B.

Use of Other Base Flood Data. When base flood elevation data has not been provided (A and V zones) in accordance with Chapter 17.52.040 basis for establishing the areas of special flood hazard the planning commission 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 Section 17.52.140 specific standards and Section 17.52.150 floodways.

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 Chapter 17.52.110(B), obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement;

2.

For all new or substantially improved floodproofed structures where elevation data is provided through the flood insurance study, FIRM, or required as in Chapter 17.52.110(B):

a.

Verify and record the actual elevation (in relation to mean sea level), to which the structure was floodproofed, and

b.

Maintain the floodproofing certifications required in Section 17.52.090(C);

3.

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

D.

Alteration of Watercourses.

1.

Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

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 (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 interpretation as provided in Section 17.52.120.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

A.

Appeal Board.

1.

The council of the city shall hear and decide appeals and requests for variances from the requirements of this chapter;

2.

The council of the city shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning commission in the enforcement or administration of this chapter;

3.

Those aggrieved by the decision of the planning commission or any taxpayer, may appeal such decision to the council, as provided in this chapter.

4.

In passing upon such applications, the council of the city shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a.

The danger that materials may be swept onto other lands to the injury of others,

b.

The danger to life and property due to flooding or erosion damage,

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner,

d.

The importance of the services provided by the proposed facility to the community,

e.

The necessity to the facility of a waterfront location, where applicable,

f.

The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage,

g.

The compatibility of the proposed use with existing and anticipated development,

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area,

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles,

j.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and

k.

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;

5.

Upon consideration of the factors of Section 17.52.120(A)(4) and the purpose of this chapter, the council may attach such conditions to the granting of variances ad it deems necessary to further the purposes of this chapter.

6.

The local administer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administrator upon request.

7.

Upon consideration of the factors of subsection (A)(3) of this section and purposes of this chapter, the council of the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter;

8.

The planning commission shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

B.

Conditions for Variances.

1.

Generally, the only condition under which a variance may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (A)(4)(a)—(k) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases;

2.

Variances may be issued for the reconstruction 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 the remainder of this section;

3.

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result;

4.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

5.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause,

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant,

c.

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 17.52.120(A)(3), or conflict with existing local laws or ordinances.

6.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to a structure, it's 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.

7.

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 Chapter 17.52.120(B)(1) and otherwise complies with Chapter 17.52.130 of the general standards.

8.

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. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

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/mobile homes shall be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Specific requirements shall be that:

a.

Over-the-top ties be provided at each of the four corners of the manufactured/mobile home, with two additional ties per side at intermediate locations, with manufactured/mobile homes less than fifty feet long requiring one additional tie per side,

b.

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured/mobile homes less than fifty feet long requiring four additional ties per side,

c.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds, and

d.

Any additions to the manufactured/mobile home be similarly anchored;

3.

An alternative method of anchoring may involve a system designed to withstand a wind force of ninety miles per hour or greater. Certification must be provided to the planning commission that this standard has been met.

B.

Construction Materials and Methods.

1.

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

2.

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

3.

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C.

Utilities.

1.

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

2.

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

3.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

D.

Subdivision Proposals.

1.

All subdivision proposals shall be consistent with 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.

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

E.

Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source, 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 the lowest floor at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

A.

Residential Construction.

1.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one-foot above the base flood elevation.

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 grade.

c.

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

B.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities shall:

1.

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

2.

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

3.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the planning commission;

4.

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 17.52.140(A);

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 the base flood level will be rated as one-foot below).

C.

Manufactured Homes.

1.

All Manufactured homes to be placed or substantially improved on sites:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In a expansion to an existing manufactured home park or subdivision; or

d.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated on a permanent foundation such that the finished floor of the manufactured home is elevated to a minimum eighteen inches (forty-six centimeters) above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

2.

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones Al-30, AH and AE on the community's FIRM that are not subject to the above manufactured home provisions be elevated so that either:

a.

The finished floor of the manufactured home is elevated to a minimum of eighteen inches (forty-six centimeters) above the base flood elevation, or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.

D.

Recreational vehicles placed on sites are required to either:

1.

Be on the site for fewer than one hundred eighty consecutive days,

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 subsection (C)(2) and (3) of this section and the elevation and anchoring requirements for manufactured homes.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

Located within areas of special flood hazard established in Section 17.52.040 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 or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

B.

If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section;

C.

Projects for stream habitat restoration may be permitted in the floodway provided:

1.

The project qualifies for a Department of the Army, Portland District Regional General Permit for Stream Habitat Restoration (NWP-2007-1023);

2.

A qualified professional (a Registered Professional Engineer, or staff of NRCS; the County; or fisheries, natural resources, or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in one hundred-year flood levels as close to zero as practically possible given the goals of the project;

3.

No structures would be impacted by a potential rise in flood elevation;

4.

An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval.

D.

New Installation of Manufactured Dwellings are Prohibited (2002 Oregon Manufactured Dwelling and Park Specialty Code). Manufactured dwellings may only be located in floodways according to one of the following conditions:

1.

If the manufactured dwelling already exists in the floodway, the placement was permitted at the time of the original installation, and the continued use is not a threat to life, health, property, or the general welfare of the public;

2.

A new manufactured dwelling is replacing an existing manufactured whose original placement was permitted at the time of installation and the welfare of the public and it meets the following criteria:

a.

As required by 44CRF Chapter 1, Subpart 60.3(d)(3), it must be demonstrated through hydro logic and hydraulic analyses performed in accordance with standard engineering practices that the manufactured dwelling and any accessory buildings, accessory structures, or any property improvements (encroachments) will not result in any increase in flood levels during the occurrence of the base flood discharge;

b.

The replacement manufactured dwelling and any accessory buildings or any accessory structures (encroachments) shall have the finished floor elevated minimum of eighteen inches (forty-six centimeters) above the BFE as identified on the flood insurance rate map;

c.

The replacement manufactured dwelling is placed and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the authority having jurisdiction;

d.

The replacement manufactured dwelling, it's foundation supports, and any accessory buildings, accessory structures, or property improvements (encroachments) do not displace water to the degree that it causes a rise in the water level or diverts water in a manner that causes erosion or damage to other properties;

e.

The location of a replacement manufactured dwelling is allowed by the local planning department's ordinances; and

f.

Any other requirements deemed necessary by the authority having jurisdiction.

E.

Critical Facility. Construction of new critical facilities shall be to the extent possible, located outside the limits of the special flood hazard area (SFHA) (one hundred-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the five hundred-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodgates. 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. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

Any person who violates this chapter or fails to comply with any of its requirements shall be punishable, upon conviction in a court of law by a fine of not more than five hundred dollars for a non-continuing offense and a fine of not more than one thousand dollars for a continuing offense.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)

In any action or suit authorized by this chapter, the city, if it prevails, shall recover a reasonable attorney's fee to be set by the court, in addition to its costs and disbursements.

(Ord. 447 § 1 (part), 2004: Ord. 438 § 3 Exh. C (part), 2003)

(Ord. No. 529, § 2, 11-10-09)