Milton Freewater City Zoning Code

CHAPTER 15

FLOOD DAMAGE PREVENTION

10-15-1: STATEMENT OF PURPOSE:

The objectives of this chapter are to:

A. Protect human life, health and property;

B. Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

C. Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

D. Minimize expenditure of public money for costly flood control projects;

E. Minimize the need for rescue and emergency services associated with flooding and generally undertaken at the expense of the general public;

F. Minimize unnecessary disruption of commerce, access and public service during times of flood;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard;

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

I. Manage the alteration of flood hazard areas, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-2: METHODS OF REDUCING FLOOD LOSSES:

This chapter includes methods and provisions to:

A. Require that development that is vulnerable to floods, including structures and facilities necessary for the general health, safety and welfare of citizens, be protected against flood damage at the time of initial construction;

B. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

C. Control filling, grading, dredging and other development which may increase flood damage or erosion;

D. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;

E. Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store floodwaters; and

F. Coordinate with and supplement provisions of Oregon building codes. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-3: DEFINITIONS:

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted according to the meaning they have in common usage.

ACCESSORY STRUCTURE: A structure on the same or adjacent parcel as a principal structure, the use of which is incidental and subordinate to the principal structure. A separate insurable building should not be classified as an accessory or appurtenant structure.

APPEAL: A request for review of the floodplain administrator's interpretation of provisions of this chapter or request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet (3'), and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Zone designations on FIRMs include the letter A.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Note: Base flood depth = design flood depth. The NFIP uses the term base flood depth for the depth in relation to highest adjacent grade of the 1 percent annual flood. Oregon building codes use the term design flood depth. The terms are equivalent. The building code required 1 foot of freeboard is added to design flood depth to establish the required elevation of the lowest floor.)

BASEMENT: The portion of a structure with its floor subgrade (below ground level) on all sides.

BELOW GRADE CRAWL SPACE: An enclosed area below the base flood elevation in which the interior grade is not more than two feet (2') below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet (4') at any point.

BUILDING: A building or structure subject to building codes.

BUILDING CODES: The combined specialty codes adopted under Oregon Revised Statutes 446.062, 446.185, 447.020(2), 455.020(2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545, but does not include regulations adopted by the state fire marshal pursuant to Oregon Revised Statutes chapter 476 or Oregon Revised Statutes 479.015 to 479.200 and 479.210 to 479.220.

CRITICAL FACILITY: A facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential and occupancy structures, special occupancy structures, essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material storage facilities.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Development also means initiation or conversion of use of any structure; or the initiation, extension, or conversion of the use of land. Development does not include:

A. Signs, markers, aids, etc., placed by a public agency to serve the public;

B. Driveways, parking lots, or other open space use areas where no alteration of topography occurs;

C. Minor repairs or improvements to existing structures provided that the alterations do not increase the size or intensity of use, and do not constitute repair of "substantial damage", or "substantial improvement" as defined in this section;

D. Customary dredging associated with routine channel maintenance consistent with state or federal laws and permits;

E. Replacement of utility facilities necessary to serve established and permitted uses;

F. Storage of equipment and material associated with residential uses;

G. Fences.

DIGITAL FIRM (DFIRM): Digital flood insurance rate map. It depicts flood risk and zones and flood risk information. The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.

ELEVATED BUILDING: A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

EXISTING BUILDING OR STRUCTURE: A structure for which the "start of construction" commenced before September 12, 1978.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility for administering the national flood insurance program.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, issued by the federal insurance administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS): The official report by the federal insurance administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: a) the overflow of inland waters; or b) the unusual and rapid accumulation or runoff of surface waters from any source.

HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the elevation certificate, FEMA form 81-31, for more information.

HISTORIC STRUCTURE: A structure that is:

A. Listed individually in the national register of historic places (a listing maintained by the U.S. department of the 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 historical significance of a registered historic district or to a district preliminarily determined by the secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the secretary of the interior; or

D. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the secretary of the interior; or

2. Directly by the secretary of the interior in states without approved programs.

LATERAL ADDITION: An addition that requires a foundation to be built outside of the foundation footprint of the existing building.

LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps and flood insurance studies. LOMCs are issued in the following category:

A. Letter of map amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.

LOWEST ADJACENT GRADE (LAG): The lowest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the elevation certificate, FEMA form 81-31, for more information.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure's lowest floor provided that the enclosed area is built and maintained in accordance with the applicable design requirements of the state building code.

MANUFACTURED HOME/DWELLING: A structure, transportable in one or more sections, built on a permanent chassis and designed to be used for residential purposes, with or without a permanent foundation when connected to the required utilities, and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction (HUD, public law 93-383). The term "manufactured dwelling" does not include a "recreational vehicle".

NATURAL ELEVATION: The elevation of natural grade, or the grade in existence before September 12, 1978.

POST-FIRM CONSTRUCTION: A structure for which the "start of construction" commenced after September 12, 1978, and includes subsequent substantial improvements to the structure.

RECREATIONAL VEHICLE: A vehicle that 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 towed 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.

START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or 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 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 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 the alteration affects the external dimensions of a building.

STRUCTURE: A walled and roofed building, a manufactured dwelling, a modular or temporary building, or a gas or liquid storage tank that is principally aboveground.

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 fifty percent (50%) of its market value before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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 market value of the structure should be:

A. The appraised real market value of the structure prior to the start of the initial repair or improvement, or

B. In the case of damage, the appraised real market value of the structure prior to the damage occurring. The term does not include either:

1. A 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. Alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE: A grant of relief by the governing body from a requirement of this chapter.

VERTICAL ADDITION: The addition of a room or rooms on top of an existing building.

WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature in, on, through, or over which water flows at least periodically. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-4: GENERAL PROVISIONS:

A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Milton-Freewater. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance or building codes. (Ord. 956, 8-23-2010, eff. 9-1-2010)

B. Basis For Area Of Special Flood Hazard: The area of special flood hazard identified by the federal emergency management agency in its "Flood Insurance Study (FIS) For Umatilla County, Oregon And Incorporated Areas", dated September 3, 2010, along with flood insurance rate maps (FIRM) panels #41059C-0435G, 41059C-0445G and 41059C-0465G, or digital flood insurance rate maps (DFIRM), and other supporting data, dated September 20, 2013, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the planning department of the city of Milton-Freewater, 722 S. Main Street, Milton-Freewater, OR 97862. (Ord. 966, 6-10-2013)

C. Coordination With Building Codes: The city of Milton-Freewater of Umatilla County does hereby acknowledge that the state building codes contain certain provisions that apply to the design and construction of buildings and structures located in areas of special flood hazard. Therefore, this chapter is intended to be administered and enforced in conjunction with the state building codes.

D. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required prior to initiating development activities in any areas of special flood hazard established in subsection B of this section.

Any floodplain development permit that requires an engineering certification or engineering analysis, calculations or modeling to process shall be considered a land use action requiring an opportunity for a quasi- judicial land use hearing.

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

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes, including state building codes.

F. 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 considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside areas of special flood hazard 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 of Milton-Freewater or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-5: ADMINISTRATION:

A. Designation Of Floodplain Ordinance Administrator: The city planner is hereby appointed as the floodplain administrator who is responsible for administering and implementing the provisions of this chapter. Duties of the floodplain administrator shall include, but shall not be limited to:

1. Review all development permit applications to determine whether proposed new development will be located in areas of special flood hazard;

2. Review applications for modifications of any existing development in areas of special flood hazard for compliance with the requirements of this chapter;

3. Interpret flood hazard area boundaries, provide available flood hazard information, and provide base flood depth, where they exist;

4. Applicant will be responsible for obtaining all necessary permits from governmental agencies from which approval is required by federal or state law, including, but not limited to, section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334; the endangered species act of 1973, 16 USC 1531-1544; and state of Oregon division of state lands regulations;

5. Where interpretation is needed of the exact location of boundaries of the areas of special flood hazard the floodplain administrator shall make the interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 10-15-7D of this chapter;

6. Issue floodplain development permits when the provisions of this chapter have been met, or disapprove the same in the event of noncompliance;

7. Coordinate with the building official to assure that applications for building permits comply with the requirements of this chapter;

8. Obtain, verify and record the actual height in relation to highest adjacent grade of the lowest floor, including basement, of all new construction or substantially improved buildings and structures;

9. Obtain, verify and record the actual height, in relation to highest adjacent grade to which any new or substantially improved buildings or structures have been floodproofed. When floodproofing is utilized for a structure, the floodplain administrator shall obtain certification of design criteria from a registered professional engineer or architect;

10. Ensure that all records pertaining to the provisions of this chapter are permanently maintained in the office of the city planner or his/her designee and shall be open for public inspection;

11. Make inspections in areas of special flood hazard to determine whether development has been undertaken without issuance of a floodplain development permit, ensure that development is undertaken in accordance with the floodplain development permit and this chapter, and verify that existing buildings and structures maintain compliance with this chapter;

12. Coordinate with the building official to inspect areas where buildings and structures in flood hazard areas have been damaged, regardless of the cause of damage, and notify owners that permits may be required prior to repair, rehabilitation, demolition, relocation, or reconstruction of the building or structure;

13. Make substantial improvement or substantial damage determinations based on criteria set forth in subsection C of this section.

B. Permit Procedures: Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by the administrator or the administrator's designee prior to starting development activities. Specifically, the following information is required:

1. Application Stage:

a. Plans in duplicate drawn to scale with elevations of the project area and the nature, location, dimensions of existing and proposed structures, earthen fill placement, storage of materials or equipment and drainage facilities;

b. Delineation of flood hazard areas and flood depth in AO zones;

c. For all proposed structures, height in relation to the highest adjacent grade of the:

(1) Lowest enclosed area, including crawl space or basement floor;

(2) Top of the proposed garage slab, if any; and

(3) Next highest floor;

d. Locations and sizes of all flood openings in any proposed building;

e. Height in relation to highest adjacent grade to which any nonresidential structure will be floodproofed;

f. Certification from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing criteria of the NFIP and building codes;

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

2. Construction Stage:

a. For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as built certification of the height in relation to highest adjacent grade of the floor or floodproofed level immediately after the lowest floor or floodproofing is placed and prior to further vertical construction;

b. Any deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop work order for the project.

3. Certificate Of Occupancy:

a. In addition to the requirements of the building codes pertaining to certificate of occupancy, prior to the final inspection the owner or authorized agent shall submit the following documentation:

(1) For elevated buildings and structures the as built height in relation to highest adjacent grade of the lowest floor, including basement;

(2) For buildings and structures that have been floodproofed, the as built height in relation to highest adjacent grade to which the building or structure was floodproofed that has been prepared and sealed by a registered engineer.

b. Failure to submit certification or failure to correct violations shall be cause for the floodplain administrator to request withholding a certificate of occupancy until such deficiencies are corrected.

4. Expiration Of Floodplain Development Permit:

a. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has been substantially begun and thereafter is pursued to completion.

b. Commencement of work includes start of construction, when the permitted work requires a building permit.

C. Substantial Damage And Substantial Improvement Determination: For applications for permits to improve buildings and structures, including additions, repairs, renovations, and alterations, the floodplain administrator shall:

1. Estimate the market value, or require the applicant to obtain a professional appraisal of the market value, of the building or structure before the proposed work is performed; when repair of damage is proposed, the market value of the building or structure shall be the market value before the damage occurred.

2. Compare the cost of improvement, the cost to repair the damaged building to its predamaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure.

a. Except as indicated in subsections C2b through C2d of this section, all costs to repair substantial damage, including emergency repairs, including the costs of complying with any county, state, federal or other regulation must be included;

b. The costs associated with the correction of preexisting violations of state or local health, sanitary, or safety code specifications that were identified by the building official, the director of environmental health, or any other local code enforcement official prior to the improvement or repair and that are the minimum necessary to ensure safe living conditions shall not be included;

c. Costs associated with the following items are not included:

(1) The preparation and approval of all required plans, calculations, certifications, and specifications;

(2) The performance of surveys or other geotechnical or engineering studies and resulting reports;

(3) Permit and review fees; and

(4) The construction, demolition, repair, or modification of outdoor improvements, including landscaping, fences, swimming pools, detached garages and sheds, etc.;

d. Proposed alterations of a designated historic building or structure is not to be considered substantial improvement unless the alteration causes a loss of said designation.

3. The city of Milton-Freewater staff shall make the final determination of whether the proposed improvement and/or repair constitutes a substantial improvement or substantial damage.

4. The city of Milton-Freewater staff shall notify the applicant of the results of the determination by letter.

5. Applicant has the right to appeal the determination pursuant to section 10-3-12 of this title. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-6: PROVISIONS FOR FLOOD HAZARD REDUCTION:

A. Site Improvements And Subdivisions:

1. All proposed new development and subdivisions shall be consistent with the need to minimize flood damage and ensure that building sites will be reasonably safe from flooding.

2. New development proposals and subdivision development plans shall include the mapped flood hazard zones from the effective FIRM.

3. New development and subdivisions shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

4. On site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.

5. Subdivisions shall have adequate drainage paths provided to guide floodwater around and away from all proposed and existing structures.

B. Zones Without Base Flood Elevations Or Flood Depths: Development is prohibited in riverine areas of special flood hazard where no base flood elevation or flood depths have been provided by FEMA (approximate A zones).

C. Building Design And Construction: Buildings and structures, including manufactured dwellings, within the scope of the building codes, including repair of substantial damage and substantial improvement of such existing buildings and structures, shall be designed and constructed in accordance with the flood resistant construction provisions of these codes, including, but not limited to, section R324 of the residential specialty code and section 1612 of the structural specialty code.

D. Manufactured Dwellings:

1. New and replacement manufactured dwellings are within the scope of the building codes; and

2. All new manufactured dwellings and replacement manufactured dwellings shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

E. Below Grade Crawl Spaces: Below grade crawl space foundations are allowed, unless no base flood depths are available, provided that they conform to guidelines in FEMA TB 11-01, crawl space construction for structures located in special flood hazard areas and building codes.

F. Recreational Vehicles: In areas of special flood hazard, recreational vehicles that are an allowed use or structure under the zoning ordinance must either:

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

2. 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 devices, and have no permanently attached structures or addition; or

3. Meet all the requirements of subsection D, "Manufactured Dwellings", of this section, including the anchoring and elevation requirements.

G. Critical Facilities: Construction of new critical facilities shall be, to the extent possible, located outside the limits of the area of special flood hazard. Construction of new critical facilities shall be permissible within the area of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the areas of special flood hazard shall have the lowest floor elevated three feet (3') above the depth number in AO zones. Access routes elevated to or above the level of the base flood depth shall be provided to all critical facilities to the extent possible.

H. Tanks:

1. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood.

2. Aboveground tanks in flood hazard areas shall be:

a. Attached to and elevated to or above the depth number (in the AO zone) on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the base flood; or

b. Anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood.

I. Other Development In Areas Of Special Flood Hazard:

1. Relief from the elevation or dry floodproofing standards may be granted for an accessory structure containing no more than two hundred (200) square feet. Such a structure must meet the following standards:

a. It shall not be subject to building codes;

b. The accessory structure shall be located on a property, or an adjacent property with same owner, as a dwelling.

2. Accessory structures no greater than two hundred (200) square feet and all other development in the AO zone for which specific provisions are not specified in this chapter or building codes shall:

a. Be located and constructed to minimize flood damage;

b. Be designed so as not to impede flow of floodwaters under base flood conditions;

c. Be anchored to prevent flotation or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

d. Be constructed of flood damage resistant materials; and

e. Have electric service and/or mechanical equipment elevated above the depth number, except for minimum electric service required to address life safety and electric code requirements;

f. Not be used for human habitation and may be used solely for parking of vehicles or storage of items having low damage potential when submerged;

g. Toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon department of environmental quality shall not be stored below two feet (2') above highest adjacent grade unless confined in a tank installed in compliance with this chapter;

h. Be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or:

(1) Provide a minimum of two (2) openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(2) The bottom of all openings shall be no higher than one foot (1') above the higher of the exterior or interior grade or floor immediately below the opening;

(3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions without manual intervention.

J. Watercourse Alterations: A watercourse is considered altered when any change occurs within its banks, including installation of new culverts and bridges, or size modifications to existing culverts and bridges (as shown on effective FIRM).

1. Adjacent communities, the U.S. army corps of engineers, Oregon department of state lands, and Oregon department of land conservation and development must be notified prior to any alteration or relocation of a watercourse. Evidence of notification must be submitted to the floodplain administrator and to the federal emergency management agency.

2. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.

K. Periodic Floodplain Inspections And Enforcement Actions: Within thirty (30) days of discovery of a violation of this chapter, the floodplain administrator shall submit a report to the city council which shall include all information available to the floodplain administrator which is pertinent to said violation. Within thirty (30) days of receipt of this report, the city council shall:

1. Take any necessary action to effect the abatement of such violation; or

2. Issue a variance to this chapter in accordance with the provisions of section 10-15-7, "Variance And Appeal Procedures", of this chapter; or

3. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided to the floodplain administrator within thirty (30) days of such order, and he shall submit an amended report to the city council within twenty (20) days. At their next regularly scheduled public meeting, the governing body shall either order the abatement of said violation or they shall grant a variance in accordance with the provisions of section 10-15-7, "Variance And Appeal Procedures", of this chapter. (Ord. 956, 8-23-2010, eff. 9-1-2010)

10-15-7: VARIANCE AND APPEAL PROCEDURES:

A. Variance:

1. An application for a variance must be submitted to the city of Milton-Freewater planning department on the form provided by the city and include at a minimum the same information required for a development permit and an explanation for the basis for the variance request.

2. Upon receipt of a completed application for a variance, the variance request will be set for public hearing at the next city council meeting in which time is available for the matter to be heard.

3. Prior to the public hearing, notice of the hearing will be published in the official newspaper of the city at least fifteen (15) days prior to the hearing. In addition to the newspaper publication, written notice shall be provided to all adjoining property owners.

4. The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.

5. 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 the:

a. Danger that materials may be swept onto other lands to the injury of others;

b. Danger to life and property due to flooding or erosion damage;

c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. Importance of the services provided by the proposed facility to the community;

e. Necessity to the facility of a waterfront location, where applicable;

f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. 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. Safety of access to the property in times of flood for ordinary and emergency vehicles;

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

k. 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.

6. Upon consideration of the above factors of 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.

7. The floodplain administrator shall maintain a permanent record of all variances and report any variances to the federal emergency management agency upon request.

B. Criteria 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 (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections A5a through A5k of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

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

3. Variances shall only be issued upon a:

a. Showing of good and sufficient cause;

b. Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. Determination that the granting of a variance will not result in increased flood depths, 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.

4. Variances may be issued for a water dependent use provided that the:

a. Criteria of subsections B1 through B3 of this section are met; and

b. Structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

5. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the national register of historic places or the statewide inventory of historic properties, without regard to the procedures set forth in this section.

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.

C. Variance Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted building will have its lowest floor below the base flood depth and that the cost of flood insurance likely will be commensurate with the increased flood damage risk.

D. Appeals: Appeals shall be administered in accordance with section 10-3-12 of this title. (Ord. 956, 8-23-2010, eff. 9-1-2010)