Jefferson City Zoning Code
CHAPTER 12
32 FLOODPLAIN DISTRICT STANDARDS
§ 12.32.010 Purpose.
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 expenditure of public money and costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G.
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(DC § 11.010)
§ 12.32.020 Methods of reducing flood losses.
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 erosions 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 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.
(DC § 11.015)
§ 12.32.030 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Jefferson, Marion County, Oregon.
(DC § 11.020(1))
§ 12.32.040 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study: Marion County, Oregon and Incorporated Areas," fourth revision, effective January 19, 2000, with accompanying flood insurance maps, is adopted by reference and declared to be part of this chapter. The flood insurance study is on file at the City Recorder's office in Jefferson, Oregon.
(DC § 11.020(2); Ord. 613 § 2, 2000)
§ 12.32.050 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provision 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 no more than $250 per day until violation is abated for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(DC § 11.020(3))
§ 12.32.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(DC § 11.020(4))
§ 12.32.070 Interpretation.
§ 12.32.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. 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 Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(DC § 11.020(6))
§ 12.32.090 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 12.32.040. The permit shall be for all structures including manufactured homes, as set for in Section 12.04.080, and for all development including fill and other activities, also as set forth in Section 12.04.080.
(DC § 11.030(1))
§ 12.32.100 Application for development permit.
Application for a development permit shall be made on forms furnished by the City Recorder 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;
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 meet the floodproofing criteria in this chapter;
D.
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(DC § 11.030(2))
§ 12.32.110 City Recorder-Permit responsibilities.
A.
Designation of the City Recorder. The City Recorder is appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. The City Recorder shall decide floodplain development permits as a written comment action, except that no comment period shall be provided and the City Recorder shall mail the decision only to the applicant. No appeal is allowed because the decision maker exercises no discretion in making the decision. If discretion would be used in the decision, the written comment process with a comment period shall be used and the decision shall be mailed to the applicant and to those who commented and it shall include information on how to appeal the decision.
B.
Duties and Responsibilities of the City Recorder. Duties of the City Recorder shall include, but not be limited to:
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; and
(DC § 11.030(3) and (4); Ord. 668 § 1, 2010)
§ 12.32.120 Use of other base flood data.
When base flood elevation data has not been provided in accordance with Section 12.32.040, Basis for Establishing the Area of Special Flood Hazard, 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 Sections 12.32.170(B), Specific Standards, and 12.32.180, Floodways.
(DC § 11.030(5))
§ 12.32.130 Information to be obtained and maintained.
A.
Where base flood elevation data is provided through the Flood Insurance Study, or required as in Section 12.32.120, the applicant shall obtain and record 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, the applicant shall:
1.
Verify and record the actual elevation (in relation to mean sea level);
2.
Maintain the floodproofing certifications required in Section 12.32.100(C); and
3.
Maintain for public inspection all records pertaining to the provisions of this chapter.
(DC § 11.030(6))
§ 12.32.140 Alteration of watercourses.
The City shall:
A.
Notify adjacent communities and Department of Land Conservation of any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
B.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(DC § 11.030(7))
§ 12.32.150 Interpretation of FIRM boundaries.
The City shall 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 mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in Section 12.32.160.
(DC § 11.030(8))
§ 12.32.160 Variance procedure for Flood Insurance Rate Map boundaries.
A.
Appeal Board.
1.
The City Council as established by City of Jefferson shall hear and decide appeals and requests for variances from the requirements of this chapter.
2.
The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city recorder in the enforcement or administration of this chapter.
3.
Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Land Use Board of Appeals as provided in ORS 197.835.
4.
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:
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 transportation of the floodwaters 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 subsection (A)(4) of this section and the purposes 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.
6.
The city recorder 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 from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsections (A)(4)(a) through (i) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
2.
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.
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 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 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.
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 subsection (B)(1) of this section, and otherwise complies with Section 12.32.170(A)(1) an (2) 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.
(DC § 11.040)
§ 12.32.170 Provisions for flood hazard reduction.
A.
General Standards. In all areas of special flood hazards, the following standards are required:
1.
Anchoring.
a.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
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 times to ground anchors. (Refer to FEMA'S "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques).
2.
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.
3.
Utilities.
a.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b.
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; and
c.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4.
Subdivision Proposals.
a.
All subdivision proposals shall be consistent with the need to minimize flood damage;
b.
All subdivision proposals shall be public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and
c.
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
5.
Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 12.32.120), the applications for a building permit 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.
B.
Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 12.32.040, Basis for Establishing the Areas of Special Flood Hazard, or Section 12.32.120, Use of Other Base Flood Data, the following provisions are required:
1.
Residential Construction.
a.
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above the 100 year 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 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:
i.
A minimum of two openings having a total net area of not less then one square inch for every square foot of enclosed area subject to flooding shall be provided.
ii.
The bottom of all openings shall be no higher then one foot above grade.
iii.
Openings may be with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
2.
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:
a.
Be floodproofed so that the base flood level of 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;
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 this chapter;
d.
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section;
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 constructed to the base flood level will be rated as one foot below that level).
3.
Recreational Vehicles. Recreational vehicles placed on sites within the special flood hazard area shall either:
(DC §§ 11.050, 11.060; Ord. 613 § 3, 2000)
§ 12.32.180 Floodways.
Located within special flood hazard areas established in Section 12.32.040 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 Section 12.32.170(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 12.32.170, Provisions for Flood Hazard Reduction.
(DC § 11.070)