Myrtle Point City Zoning Code

   (A)   Findings of fact.

      (1)   The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      (2)   These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

   (B)   Statement of purpose. It is the purpose of the Floodplain Overlay Zone 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:

      (1)   To protect human life and health;

      (2)   To minimize expenditure of public money and costly flood control projects;

      (3)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   To minimize prolonged business interruptions;

      (5)   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;

      (6)   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;

      (7)   To ensure that potential buyers are notified that property is in an area of special flood hazard; and

      (8)   To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

   (C)   Methods of reducing flood losses. In order to accomplish its purposes, this Floodplain Overlay Zone include methods and provisions for:

      (1)   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 erosion or in flood heights or velocities;

      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

      (4)   Controlling filling, grading, dredging and other development which may increase flood damage;

      (5)   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas; and

      (6)   Coordinating and supplementing the provisions of the State Building Code, being ORS 455.010 et seq. with local land use and development ordinances.

(Ord. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPEAL. A request for a review of the interpretation of any provision of these Floodplain Overlay Zone regulations or a request for a variance.

   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase AREA OF SPECIAL FLOOD HAZARD.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the 100-YEAR FLOOD. Designation on maps always includes the letters A or V.

   BASEMENT. Any area of the building having 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 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. 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. Any human-made 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.

   ELEVATED BUILDING. 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.

   FLOOD or FLOODING.

      (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:

         (a)   The overflow of inland or tidal waters;

         (b)   The unusual and rapid accumulation of runoff of surface waters from any source; and

         (c)   Mudslides (i.e., mudflows) which are proximately caused by FLOODING, as defined in this section, and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

      (2)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in FLOODING as defined above.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

   FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

   FLOODPLAIN. See AREA OF SPECIAL FLOOD HAZARD.

   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 foot.

   HISTORIC STRUCTURE. Any structure that is:

      (1)   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;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

         (a)   By an approved state program as determined by the Secretary of the Interior; or

         (b)   Directly by the Secretary of the Interior in states without approved programs.

   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 non-elevation design requirements of these Floodplain Overlay Zone regulations found in § 153.079(B)(1).

   MANUFACTURED DWELLING. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED DWELLING does not include a recreational vehicle.

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

   NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

   RECREATIONAL VEHICLE. 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 towable by a light duty truck; and

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

   REQUEST FOR REVIEW. A request for a review of the interpretation of any of the flood provisions or a request for a variance or waiver.

   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 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 dwelling 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 that alteration affects the external dimensions of the building.

   STRUCTURE. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

   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% of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 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 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 historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

   VARIANCE. A grant of relief from the requirements of these Floodplain Overlay Zone regulations which permits construction in a manner that would otherwise be prohibited by these Floodplain Overlay Zone regulations.

   WATER DEPENDENT. A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018)

   (A)   Applicability. This Floodplain Overlay Zone shall apply to all areas of special flood hazards within the jurisdiction of the city.

   (B)   Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Coos County, Oregon and Incorporated Areas dated December 7, 2018, with accompanying flood insurance rate maps are hereby adopted by reference and declared to be a part of these Floodplain Overlay Zone regulations. The flood insurance study is on file at City Hall, 424 Fifth Street, Myrtle Point, Oregon. The best available information for flood hazard area identification as outlined in these Floodplain Overlay Zone regulations shall be the basis for regulation until a new FIRM is issued which incorporates the data required by these Floodplain Overlay Zone regulations.

   (C)   Penalties for noncomplianace. No structure nor land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of these Floodplain Overlay Zone regulations and other applicable regulations. Violations of the provisions of the Floodplain Overlay Zone regulations by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation of this development code. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

   (D)   Interpretation. In the interpretation and application of these Floodplain Overlay Zone regulations, 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.

   (E)   Warning and disclaimer of liability.

      (1)   The degree of flood protection required by these Floodplain Overlay Zone regulations 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 human-made or natural causes. These Floodplain Overlay Zone regulations do 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.

      (2)   These Floodplain Overlay Zone regulations 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 these Floodplain Overlay Zone regulations or any administrative decision lawfully made hereunder.

   (F)   Abrogation. These Floodplain Overlay Zone regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018) Penalty, see § 153.999

   (A)   Zoning clearance permits and maintenance of records.

      (1)   Zoning clearance permit required. A zoning clearance permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures, including manufactured dwellings, as defined herein, and for all development including grading, filling, storage of materials and other activities, also as defined herein.

      (2)   Application for zoning clearance permit. Application for a development permit shall be made on forms furnished by the city 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 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 § 153.079(B)(2); and

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

   (B)   Designation of the local administrator. The City Manager is hereby appointed to administer and implement the provisions of this section by granting or denying development permit applications in accordance with the provisions herein.

   (C)   Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following.

      (1)   Permit review. The local administrator shall:

         (a)   Review all development permits to determine that the permit requirements of these Floodplain Overlay Zone regulations have been satisfied;

         (b)   Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required; and

         (c)   Review all development permits to determine if the proposed development is located in the floodway and, if located in the floodway, assure compliance with the encroachment provisions of § 153.079(D).

      (2)   Use of other base flood data (in A Zones). When base flood elevation data has not been provided (A Zones) in accordance with § 153.077(B), the local administrator 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 § 153.079(B) and (D).

      (3)   Information to be obtained and maintained. The local administrator shall:

         (a)   Where base flood elevation data is provided through the flood insurance study, FIRM or required as in division (C)(2) above, obtain and record the actual 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; and

         (b)   For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM or as required in division (C)(2) above:

            1.   Verify and record the actual elevation (in relation to mean seal level); and

            2.   Maintain the floodproofing certifications required in division (A)(2)(c) above.

         (c)   Maintain for public inspection all records pertaining to the provisions of these Floodplain Overlay Zone regulations.

      (4)   Alteration of watercourses. The local administrator shall:

         (a)   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; and

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

      (5)   Requirement to submit new technical data. The local administrator shall:

         (a)   Notify FEMA within six months of project completion when an applicant had obtained a conditional letter of map revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries or modified base flood elevations. This notification shall be provided as a letter of map revision (LOMR);

         (b)   The property owner shall be responsible for preparing technical data to support the LOMR application and paying any processing or application fees to FEMA; and

         (c)   The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.

      (6)   Interpretation of FIRM boundaries. The local administrator 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 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 division (D) below.

   (D)   Variance procedure.

      (1)   Appeal Board.

         (a)   The Planning Commission shall hear and decide appeals and requests for variances from the requirements of these Floodplain Overlay Zone regulations.

         (b)   The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city in the enforcement or administration of these Floodplain Overlay Zone regulations.

         (c)   Those aggrieved by the decision of the Planning Commission, or any taxpayer, may appeal such decision to the City Council.

         (d)   In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of these Floodplain Overlay Zone regulations and:

            1.   The danger that materials may be swept onto other lands to the injury of others;

            2.   The danger to life and property due to flooding or erosion damage;

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

            4.   The importance of the services provided by the proposed facility to the community;

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

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

            7.   The compatibility of the proposed use with existing and anticipated development;

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

            9.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

            10.   The 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

            11.   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.

         (e)   Upon consideration of the factors of division (D)(1)(d) above and the purposes of these Floodplain Overlay Zone regulations, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of these Floodplain Overlay Zone regulations.

         (f)   The local Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

      (2)   Conditions for variances.

         (a)   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 listed in divisions (D)(1)(d)1. through (D)(1)(d)11. above have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

         (b)   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

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

         (e)   Variances shall only be issued upon:

            1.   A showing of good and sufficient cause;

            2.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

            3.   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, nor conflict with existing local laws or ordinances.

         (f)   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 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.

         (g)   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 division (D)(2)(a) above and otherwise complies with § 153.079(A)(1) through (A)(3).

         (h)   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. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018)

   (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 dwellings 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 ties to ground anchors. (Reference 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.

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

      (4)   Subdivision proposals.

         (a)   All subdivision proposals shall be consistent with the need to minimize flood damage.

         (b)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

         (c)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

         (d)   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, FIRM or from another authoritative source (see § 153.078(C)(2)), 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 and the like, where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

      (6)   AH Zone drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

   (B)   Specific standards. In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH and AE) as set forth in §§ 153.077(B) or 153.078(C)(2), 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 a minimum of one foot above the 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 floodwaters.

         (c)   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 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.

            2.   The bottom of all openings shall be no higher than one foot above grade.

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

            4.   If a building has more than one enclosed area below the lowest floor, each area shall be equipped with adequate flood openings.

      (2)   Nonresidential construction.

         (a)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above 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 division (B)(2) 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 § 153.078(C)(3)(b).

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

         (c)   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).

         (d)   Applicants shall supply a comprehensive maintenance plan for the entire structure, including, but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers or components; and the location of all shields, gates, barriers and components as well as all associated hardware and any materials or specialized tools necessary to seal the structure.

         (e)   Applicants shall supply an emergency action plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.

      (3)   Manufactured dwellings.

         (a)   Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with division (A)(1)(b) above.

         (b)   The bottom of the longitudinal chassis frame beam in A Zones, shall be at or above BFE.

         (c)   The manufactured dwelling shall be anchored to prevent flotation, collapse and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

         (d)   Electrical crossover connections shall be a minimum of 12 inches above BFE.

         (e)   Reference FEMA’s Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques.

      (4)   Recreational vehicles. Recreational vehicles placed on sites are required to:

         (a)   Be on the site for fewer than 180 consecutive days;

         (b)   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

         (c)   Meet the requirements of division (B)(3) above and the elevation and anchoring requirements for manufactured dwellings.

      (5)   Small accessory structures. Relief from elevation or floodproofing as required in divisions (B)(1) or (B)(2) above may be granted for small accessory structures that are:

         (a)   Less than 200 square feet and do not exceed one story;

         (b)   Not temperature controlled;

         (c)   Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged;

         (d)   Not used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the State Department of Environmental Quality unless confined in a tank installed in compliance with these Floodplain Overlay Zone regulations or stored at least one foot above base flood elevation;

         (e)   Located and constructed to have low damage potential;

         (f)   Constructed with materials resistant to flood damage;

         (g)   Anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

         (h)   Constructed 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 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 above the higher of the exterior or interior grade or floor immediately below the opening; or

            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.

         (i)   Constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

      (6)   Below-grade crawl spaces. Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas.

         (a)   The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in division (B)(6)(b) below. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

         (b)   The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, 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 above the lowest adjacent exterior grade.

         (c)   Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above 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, in particular, must either be placed above the BFE or sealed from floodwaters.

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

         (f)   The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

         (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. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. 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)   The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

      (7)   Additional information. For more detailed information, refer to FEMA Technical Bulletin 11-01.

   (C)   Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

   (D)   Floodways. Located within areas of special flood hazard established in § 153.077(B) 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.

      (1)   Except as provided in division (D)(3) below, encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

      (2)   If division (D)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

      (3)   Projects for stream habitat restoration may be permitted in the floodway, provided:

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

         (b)   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 100-year flood levels as close to zero as practically possible given the goals of the project;

         (c)   No structures would be impacted by a potential rise in flood elevation; and

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

      (4)   Temporary structures placed in the floodway: Relief from no-rise evaluation, elevation or dry floodproofing standards may be granted for a nonresidential structure placed during the dry season (June to October) and for a period of less than 90 days. A plan for the removal of the temporary structure after the dry season or when a flood event threatens shall be provided. The plan shall include disconnecting and protecting from water infiltration and damage all utilities servicing the temporary structure.

      (5)   Temporary storage of goods and materials, not including hazardous materials, is allowed in the floodway for a period of less than 90 days within the dry season (June to October).

   (E)   Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply.

      (1)   New construction and substantial improvements of residential structures and manufactured dwellings within AO Zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified).

      (2)   New construction and substantial improvements of nonresidential structures within AO Zones shall either:

         (a)   Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

         (b)   Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in division (B)(2)(c) above.

      (3)   Adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures are required.

      (4)   Recreational vehicles placed on sites within AO Zones on the community’s FIRM either:

         (a)   Be on the site for fewer than 180 consecutive days;

         (b)   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

         (c)   Meet the requirements of division (E)(1) above and the elevation and anchoring requirements for manufactured dwellings.

   (F)   Critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-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 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. 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. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018)