As used in this article the following words and phrases shall mean the following:

1.

AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. Designation on maps always includes the letter A.

2.

BASE FLOOD. The flood having a one (1%) percent chance of being equaled or exceeded in any given year. Also referred to as the '100-year flood.'

3.

BASE FLOOD ELEVATION (BFE). The water surface elevation during the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the flood insurance rate map (FIRM) to the nearest foot and in the flood insurance study (FIS) to the nearest one-tenth (0.1) foot.

4.

BASEMENT. Any area of the building, not otherwise defined as a below grade crawlspace, having its floor subgrade on all sides.

5.

BELOW GRADE CRAWLSPACE. Any enclosed area below the base flood elevation in which the interior grade does not exceed two (2) feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the bottom of the lowest horizontal structural member of the lowest horizontal structural member of the lowest floor does not exceed four (4) feet at any point.

6.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, facilities for storage of equipment or materials, or land division.

7.

FLOOD INSURANCE RATE MAP (FIRM). The official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

8.

FLOOD HAZARD ZONE. An overlay zone covering the area designated as an area of special flood hazard in map 41063C0604B of the flood insurance study for the city of Enterprise; the regulations contained in this article apply only to lands within said zone. The flood hazard zone is the same as the area of special flood hazard and is designated on the flood insurance rate map by the letter A.

9.

FLOOD INSURANCE STUDY (FIS). 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.

10.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

11.

FUEL TANKS. Any gas or liquid storage tank that is principally above ground. Fuel tanks are defined as a structure for flood management purposes and must meet the requirements of all new construction.

12.

HISTORIC STRUCTURE. Any structure that is:

A.

Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

B.

Certified or preliminarily determined by the secretary of the interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

C.

Individually listed on a local inventory of historic places as part of a state approved program.

13.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of this ordinance found at section 8.019 subparagraph 1 B.

14.

MANUFACTURED HOME. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term 'manufactured home' also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term 'manufactured home' does not include park trailers, travel trailers, and other similar vehicles.

15.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

16.

NEW CONSTRUCTION. Structures for which the 'start of construction' commenced on or after the effective date of this ordinance.

17.

RECREATIONAL VEHICLE. A vehicle which is:

A.

Built on a single chassis;

B.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

C.

Designed to be self-propelled or permanently towable by a light duty truck; and

D.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

18.

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 (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 stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such a 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 structures, such as garages or sheds not occupied as dwelling units or not part of the main structure.

19.

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

20.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 (50%) percent of the market value of the structure before the damage occurred.

21.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, addition, or improvement of a structure, the cost of which equals or exceeds 50 (50%) 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 comply with existing state or local heath, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a 'historic structure.'

22.

VARIANCE. A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

(Ord. No. 569, § 2, 2013)

Article 8 of this ordinance shall apply to all lands within the flood hazard zone and within the jurisdiction of the City of Enterprise, Wallowa County, Oregon.

(Ord. No. 569, § 2, 2013)

The areas of special flood hazard identified by the Federal Insurance Administration in a report entitled "The Flood Insurance Study for the City of Enterprise," dated February 17, 1988, with accompanying flood insurance rate map is hereby adopted by reference and declared to be a part of this ordinance. The flood insurance study is on file at the Enterprise City Hall, 108 N.E. First, Enterprise, Oregon. The lands designated as "area of special flood hazard," identified in map 41063C0604B of said study, are hereby designated as the city's flood hazard zone.

(Ord. No. 569, § 2, 2013)

1.

Prior to the commencement of any development, within the flood hazard zone, any applicable zoning permit shall be obtained pursuant to the requirements of Section 10.220.

2.

Prior to the commencement of any development within the flood hazard zone, a special flood hazard area development permit must be obtained pursuant to the requirements contained herein.

(Ord. No. 569, § 2, 2013)

1.

Application for a flood hazard area development permit, must be made to the city recorder, on the prescribed city form completed in its entirety, and must contain the following:

A.

A detailed site plan, drawn to scale, showing:

(1)

The elevation, nature and location, and dimensions of the area for all proposed and existing structures, earthen fill, storage of materials or equipment, and drainage facilities.

(2)

Delineation of the property, floodway and floodplain boundaries, with base flood elevations.

(3)

Proposed elevation of the lowest floor of all proposed structures and the elevation of the highest existing grade at the location of each proposed structure.

(4)

All proposed floodproofing measures, including the location and size of all flood openings.

B.

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

C.

Documentation of the elevation as follows:

(1)

The base flood elevation and required minimum floor elevation as determined by a registered professional engineer or architect for any proposed structures prior to construction, at the time the application is first submitted,

(2)

Certification of the elevation of lowest floor as determined by a registered professional engineer or architect after the lowest floor is placed and prior to further vertical construction. Any deficiencies in the lowest floor elevation or floodproofing measures as determined by the registered professional engineer or architect must be corrected prior to any further construction.

(3)

Certification of the elevation completed by a registered professional engineer or architect after construction is completed, and prior to the issuance of an occupancy permit.

2.

No flood hazard area development permit will be issued without compliance with this ordinance and all other applicable codes and regulations, including any permits required by federal or state law.

3.

Wallowa County Building Code Inspectors shall not issue an occupancy permit without verifying that the city has issued approval for construction to proceed pursuant to the requirements herein.

(Ord. No. 569, § 2, 2013)

When base flood elevation data is not available for an area within the flood hazard zone, the city recorder will obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the standards contained herein.

(Ord. No. 569, § 2, 2013)

The city recorder shall:

1.

Have the responsibility, authority, and means to implement the National Flood Insurance Program.

2.

Maintain the following information with respect to permit applications within the flood hazard zone:

A.

Where base flood elevation data is provided through the flood insurance study or required as in Section 8.016, the city recorder shall maintain records showing the actual 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.

B.

For all new or substantially improved floodproofed structures records showing the actual elevation of the structure (in relation to mean sea level), and the floodproofing certifications required in Section 8.015, shall be maintained.

C.

All records pertaining to the provisions of this ordinance shall be available for public inspection.

3.

Coordinate with building officials to ensure that applications of building permits comply with the requirements of this article.

(Ord. No. 569, § 2, 2013)

In the flood hazard zone, the following standards shall be met:

1.

ANCHORING.

A.

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

B.

All manufactured homes shall be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA'S "manufactured home installation in flood hazard area" guidebook for additional techniques).

2.

CONSTRUCTION MATERIALS AND METHODS. All new construction and substantial improvements shall:

A.

Be constructed with materials and utility equipment resistant to flood damage.

B.

Be constructed using methods and practices that minimize flood damage.

C.

Be constructed with 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.

3.

UTILITIES.

A.

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

B.

All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

C.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

D.

All new development, including subdivisions and manufactured home parks, shall be located and designed to minimize or eliminate flood damage, minimize or eliminate flood waters in utility systems, and ensure adequate drainage.

4.

ALTERATION OF WATER COURSES. Prior to granting a permit for a development or proposal to alter the location of an existing watercourse, or prior to undertaking such activity itself, the city shall:

A.

Notify adjacent communities and the State of Oregon Land Conservation and Development, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

B.

Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

5.

REVIEW OF PERMITS. Where elevation data is not available either through the flood insurance study or from another authoritative source (Section 8.016), applications for flood area 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 (2') above grade in these zones may result in higher insurance rates.

(Ord. No. 569, § 2, 2013)

In the flood hazard zone, the following standards shall be met:

1.

RESIDENTIAL CONSTRUCTION.

A.

New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to at least one foot (1') above base flood elevation.

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 flood waters. 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 (2) openings having a total net area of not less than one square inch (1") for every one square foot (1') of enclosed area subject to flooding shall be provided.

(2)

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

(3)

The bottom of all openings shall be no higher than one foot (1') above grade.

2.

MANUFACTURED HOMES.

A.

New, replacement, and substantially improved manufactured homes are subject to the following additional standards:

(1)

If the manufactured home is supported on solid foundation walls (nonstructural skirting is not considered a structural wall), the ground area reserved for the placement of a manufactured dwelling shall be a minimum of one foot (1') above BFE unless the foundation walls are designed to automatically equalize hydrostatic forces by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet or exceed the minimum criteria in this article, or be certified by a registered professional engineer or architect.

(2)

The bottom of the longitudinal chassis frame shall be at or above BFE.

(3)

Electrical crossovers shall be a minimum of twelve inches (12") above BFE.

3.

NONRESIDENTIAL CONSTRUCTION.

A.

New construction and substantial improvements of any commercial industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot (1') above 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; and

(3)

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 subparagraph 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 8.017, subparagraph 2.

B.

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subparagraph 1B above.

4.

BELOW GRADE CRAWLSPACES. Below grade crawlspaces in accordance with the requirements in this section are permitted and will not be considered basements. This type of construction adds an additional charge to the basic insurance policy.

A.

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy.

B.

The crawlspace must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot (1') above the lowest adjacent exterior grade.

C.

The crawlspace must be constructed with materials resistant to flood damage, including the foundation walls, any joists, insulation, and other materials that extend below the BFE.

D.

Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork must either be placed above BFE or be sealed from floodwaters.

E.

The interior grade of a crawlspace below the BFE must not be more than two feet (2′) below the lowest adjacent exterior grade.

F.

The height of the below grade crawlspace, measured from the interior grade of the crawlspace to the bottom of the structural support of the next higher floor must not exceed four feet (4′) at any point.

G.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

H.

Areas where the velocity of floodwaters exceeds five feet (5′) per second should not have below grade crawlspace.

5.

RECREATIONAL VEHICLES. Recreational vehicles that are an allowed use or structure must:

A.

Be on the site for fewer than one hundred and eighty (180) consecutive days.

B.

Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devises, and have not permanently attached additions, or

C.

Shall meet the permit requirements for the placement, elevation, and anchoring of a manufactured home.

(Ord. No. 569, § 2, 2013)

The following provisions apply to all designated floodways within the flood hazard zone except the Prairie Creek floodway:

1.

Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer or architect if provided demonstrate that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2.

If subparagraph 1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

(Ord. No. 569, § 2, 2013)

The following restrictions shall apply within the Prairie Creek floodway:

1.

All filling allowed in the floodway must be confined to the actual building site and there can be no filling or other blockages placed in the channel nor fills in the floodway which, either alone or in conjunction with preexisting fills or structures, cause a blockage perpendicular to the anticipated flow of flood waters on the floodway. To the maximum extent feasible, fills in the floodway must be compensated by cuts or extractions of like amounts of materials.

2.

To the extent reasonably possible:

A.

If a lot is partially in the floodway and partially in the floodway fringe, any improvement shall be placed in the portion of the lot not in the floodway;

B.

In the event part of the floodway is permitted to be used as a building site, the highest portion of said lot should be so utilized; and

C.

New structures should be placed in the hydraulic shadow of existing encroachments, improvements or structures.

3.

The city may impose such conditions for issuance of a permit in the Prairie Creek floodway deemed necessary or appropriate to minimize the impact of the proposed structure upon water flow in the floodway or to prevent flood damage to property.

4.

All the provisions and restrictions contained in this ordinance regarding construction in a flood hazard area, except the provisions of Section 8.0110 shall be applicable to development within the Prairie Creek floodway.

(Ord. No. 569, § 2, 2013)

1.

The commission may grant a variance from the provisions of this section if, after a public hearing thereon, the commission finds the applicant has demonstrated compliance with the criteria contained in this section.

2.

In passing upon such application, the commission shall consider all technical evaluations and all relevant factors and standards specified in other sections of this article, 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 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 land use 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 facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

3.

Substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subparagraph 2 above have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

4.

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.

5.

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

6.

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

7.

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 subparagraph 2 herein, or conflict with existing local laws or ordinances.

8.

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.

9.

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subparagraph 3 herein, and otherwise complies with Section 8.018 subparagraphs 1 and 2 of this article.

10.

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 and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 569, § 2, 2013)