North Bend City Zoning Code

18.50 Tsunami

Hazard Overlay Zone

Unless authorized in accordance with NBCC 18.50.060, the following uses are prohibited in the specified portions of the tsunami hazard overlay zone:

(1) In areas identified as subject to inundation from the XXL magnitude local source tsunami event as set forth on the tsunami inundation map (TIM), the following uses are prohibited:

18.50.010 Purpose.

The purpose of the tsunami hazard overlay zone is to increase the resilience of the community to a local source Cascadia Subduction Zone (CSZ) tsunami by establishing standards, requirements, incentives, and other measures to be applied in the review and authorization of land use and development activities in areas subject to tsunami hazards. The standards established by this chapter intend to limit, direct, and encourage the development of land uses within areas subject to tsunami hazards in a manner that will: reduce loss of life; reduce damage to private and public property; reduce social, emotional, and economic disruptions; and increase the ability of the community to respond and recover.

There is significant public and private investment in development in areas that are now known to be subject to tsunami hazards. It is not the intent or purpose of this chapter to require the relocation of or otherwise regulate existing development within the tsunami hazard overlay zone. However, it is the intent of this chapter to control, direct, and encourage new development and redevelopment such that, over time, the community’s exposure to tsunami risk is reduced. (Ord. 2028 § 2, 2019)

18.50.020 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application.

(1) “Essential facilities” means:

(a) Hospitals and other medical facilities having surgery and emergency treatment areas;

(b) Fire and police stations;

(c) Tanks or other structures containing, housing or supporting water or fire-suppression materials or equipment required for the protection of essential or hazardous facilities or special occupancy structures;

(d) Emergency vehicle shelters and garages;

(e) Structures and equipment in emergency preparedness centers; and

(f) Standby power generating equipment for essential facilities.

(2) “Hazardous facility” means structures housing, supporting or containing sufficient quantities of toxic or explosive substances to be of danger to the safety of the public if released.

(3) “Special occupancy structures” means:

(a) Covered structures whose primary occupancy is public assembly with a capacity greater than 300 persons;

(b) Buildings with a capacity of greater than 250 individuals for every public, private or parochial school through secondary level or child care centers;

(d) Medical facilities with 50 or more resident, incapacitated persons not included in subsections (3)(a) through (c) of this section;

(e) Jails and detention facilities; and

(f) All structures and occupancies with a capacity of greater than 5,000 persons.

(4) “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which exceeds 50 percent of the real market value of the structure.

(5) “Tsunami vertical evacuation structure” means a building or constructed earthen mound that is accessible to evacuees, has sufficient height to place evacuees above the level of tsunami inundation, and is designed and constructed with the strength and resiliency needed to withstand the effects of tsunami waves.

(6) “Tsunami inundation maps (TIMs)” means the maps in the DOGAMI Tsunami Inundation Map Series, published by the Oregon Department of Geology and Mineral Industries, which cover the area within the city of North Bend. (Ord. 2028 § 2, 2019)

18.50.030 Lands to which this chapter applies.

All lands identified as subject to inundation from the XXL magnitude local source tsunami event as set forth on the applicable tsunami inundation map (TIM) published by the Oregon Department of Geology and Mineral Industries (DOGAMI) are subject to the requirements of this chapter. (Ord. 2028 § 2, 2019)

18.50.040 Uses.

In the tsunami hazard overlay zone, except for the prohibited uses set forth in NBCC 18.50.050, all uses permitted pursuant to the provisions of the underlying zone may be permitted, subject to the additional requirements and limitations of this chapter. (Ord. 2028 § 2, 2019)

18.50.050 Limitations on use.

Unless authorized in accordance with NBCC 18.50.060, the following uses are prohibited in the specified portions of the tsunami hazard overlay zone:

(1) In areas identified as subject to inundation from the XXL magnitude local source tsunami event as set forth on the tsunami inundation map (TIM), the following uses are prohibited:

(a) Hospitals and other medical facilities having surgery and emergency treatment areas.

(b) Fire and police stations.

(d) Buildings with a capacity greater than 250 individuals for every public, private or parochial school through secondary level or child care centers.

(e) Buildings for colleges or adult education schools with a capacity of greater than 500 persons.

(f) Jails and detention facilities.

(2) In areas identified as subject to inundation from the L magnitude local source tsunami event as set forth on the tsunami inundation map (TIM), the following uses are prohibited:

(a) Tanks or other structures containing, housing or supporting water or fire-suppression materials or equipment required for the protection of essential or hazardous facilities or special occupancy structures.

(b) Emergency vehicle shelters and garages.

(d) Standby power generating equipment for essential facilities.

(e) Covered structures whose primary occupancy is public assembly with a capacity of greater than 300 persons.

(f) Medical facilities with 50 or more resident, incapacitated patients.

(g) Residential uses, including manufactured home parks, of a density exceeding 10 units per acre.

(h) Hotels or motels with 50 to 150 units.

(3) Notwithstanding the provisions of Chapter 18.76 NBCC, the requirements of this section shall not have the effect of rendering any lawfully established use or structure nonconforming. (Ord. 2028 § 2, 2019)

18.50.060 Use exceptions.

A use listed in NBCC 18.50.050 may be permitted upon authorization of a use exception in accordance with the following requirements:

(1) Public schools may be permitted upon findings that there is a need for the school to be within the boundaries of a school district and fulfilling that need cannot otherwise be accomplished.

(2) Fire or police stations may be permitted upon findings that there is a need for a strategic location.

(3) Other uses prohibited by NBCC 18.50.050 may be permitted upon the following findings:

(a) There are no reasonable, lower-risk alternative sites available for the proposed use;

(b) Adequate evacuation measures will be provided such that life safety risk to building occupants is minimized;

(c) The buildings will be designed and constructed pursuant to the current edition of ASCE 7 Minimum Design Loads, as adopted by the state of Oregon, in a manner to minimize the risk of structural failure during the designated tsunami event as provided in NBCC 18.50.050.

(4) Applications, review, decisions, and appeals for use exceptions authorized by this section shall be through an administrative conditional use permit process.

(5) Hotels or motels with more than 150 units shall be authorized by subsection (3) of this section in accordance with the requirements for a conditional use permit as set forth in Chapter 18.60 NBCC. (Ord. 2028 § 2, 2019)

18.50.070 Evacuation route improvement requirements.

Except single-family dwellings on existing lots and parcels, all new development, substantial improvements and land divisions in the tsunami hazard overlay zone shall incorporate evacuation measures and improvements, including necessary vegetation management, as needed to provide pedestrian access from the development site to evacuation routes identified in the transportation system plan. Such measures shall include:

(1) On-site improvements:

(a) Paths, sidewalks, or similar improvements as needed to provide adequate pedestrian access from the development site to identified evacuation routes in all weather and lighting conditions.

(b) Wayfinding signage adequate to provide necessary evacuation information consistent with the proposed use of the site. (Ord. 2028 § 2, 2019)

18.50.080 Tsunami vertical evacuation structures.

(1) All tsunami vertical evacuation structures shall be of sufficient height to place evacuees above the level of inundation for the XXL local source tsunami event.

(2) Tsunami vertical evacuation structures are not subject to the building height limitations of this title except as provided in NBCC 18.56.060. (Ord. 2028 § 2, 2019)

18.50.090 Flexible development option.

(1) The purpose of the flexible development option is to provide incentives for, and to encourage and promote, site planning and development within the tsunami hazard overlay zone that results in lower risk exposure to tsunami hazard than would otherwise be achieved through the conventional application of the requirements of this chapter. The flexible development option is intended to:

(a) Allow for and encourage development designs that incorporate enhanced evacuation measures, appropriate building siting and design, and other features that reduce the risks to life and property from tsunami hazard; and

(b) Permit greater flexibility in the siting of buildings and other physical improvements and in the creation of new lots and parcels in order to allow the full realization of permitted development while reducing risks to life and property from tsunami hazard.

(2) The flexible development option may be applied to the development of any lot, parcel, or tract of land that is wholly or partially within the tsunami hazard overlay zone.

(3) The flexible development option may include any uses permitted outright or conditionally in any zone, except for those uses prohibited in NBCC 18.50.050.

(4) Overall residential density shall be as set forth in the underlying zone or zones.

(5) Yards, setbacks, lot area, lot width and depth, lot coverage, building height, and similar dimensional requirements may be reduced, adjusted or otherwise modified as necessary to achieve the design objectives of the development and fulfill the purposes of this section.

(6) Applications, review, decisions, and appeals for the flexible development option shall be in accordance with the requirements for a conditional use permit as set forth in Chapter 18.60 NBCC.

(7) Approval of an application for a flexible development option shall be based on findings that the following criteria are satisfied:

(a) The applicable requirements of subsections (2) and (4) of this section are met; and

(b) The development will provide tsunami hazard mitigation and/or other risk reduction measures at a level greater than would otherwise be provided under conventional land development procedures. Such measures may include, but are not limited to:

(i) Providing evacuation measures, improvements, wayfinding techniques and signage at a level greater than required by subsection (6) of this section; and,

(ii) Providing tsunami evacuation structure(s) which are accessible to and provide capacity for evacuees from off site; and

(iii) Incorporating building designs or techniques which exceed minimum structural specialty code requirements in a manner that increases the capacity of structures to withstand the forces of a local source tsunami; and

(iv) Concentrating or clustering development in lower risk portions or areas of the subject property, and limiting or avoiding development in higher risk areas. (Ord. 2028 § 2, 2019)

18.50.100 Hazard acknowledgment and disclosure statement.

All applications for new development or substantial improvements in the tsunami hazard overlay zone shall be accompanied by a hazard acknowledgment and disclosure statement, executed by the property owner, which sets forth the following:

(1) A statement that the property is subject to inundation by a local source Cascadia event tsunami, including the DOGAMI scenarios (S, M, L, XL, or XXL) that could potentially flood the site, and that development thereon is subject to risk of damage from tsunami;

(2) A statement that a local source tsunami poses a potential life safety threat to occupants of the property, and that the protection of life safety will require occupants to evacuate to high ground in the event of a local source tsunami;

(3) A statement acknowledging that the property owner accepts and assumes all risks of damage from tsunami associated with the development of the subject property; and

(4) A statement that North Bend, its agents and employees are released from any and all claims which may arise as a result of damages, losses, or injuries sustained by the property owner and his/her heirs, successors and assigns from local tsunami hazards affecting the subject property. (Ord. 2028 § 2, 2019)