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Port Orford City Zoning Code

CHAPTER 17

46 TSUNAMI HAZARD OVERLAY ZONE

§ 17.46.010 Purpose.

The purpose of the Tsunami Hazard Overlay Zone is to increase the resilience of the City in the event of a tsunami by establishing standards, requirements and other measures for review and authorization of land use and development. The intent is to reduce loss of life, reduce damage to private and public property, reduce disruption, and assist the City in responding and recovering from the tsunami event.
(Ord. 2019-02 § 1, 2019)

§ 17.46.020 Definitions.

"Essential facilities"
means:
1. 
Hospitals and other medical facilities having surgery and emergency treatment areas;
2. 
Fire and police stations;
3. 
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;
4. 
Emergency vehicle shelters and garages;
5. 
Structures and equipment in emergency preparedness centers; and
6. 
Standby power generating equipment for essential facilities.
"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.
"Special occupancy structures"
means
1. 
Covered structures whose primary occupancy is public assembly with a capacity greater than 300 persons;
2. 
Buildings with a capacity of greater than 250 individuals for every public, private or parochial school through secondary level or child care centers;
3. 
Buildings for colleges or adult education schools with a capacity of greater than 500 persons;
4. 
Medical facilities with 50 or more resident, incapacitated persons not included in subsections (1) through (3) of this paragraph;
5. 
Jails and detention facilities; and
6. 
Any structures and occupancies with a capacity of greater than 5,000 persons.
"Substantial improvement"
means any repair, reconstruction, or improvement of a structure which exceeds 50% of the real market value of the structure either:
1. 
Before the improvement or repair is started; or
2. 
If the structure is damaged and is being restored, before the damage occurred. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
3. 
"Substantial improvement does not include either any project for improvement of a structure to comply with existing state, city or county health, sanitary or safety code specifications which are solely to assure safe living conditions, or; an alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.
"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.
(Ord. 2019-02 § 1, 2019)

§ 17.46.030 Applicability of tsunami hazard overlay zone.

For new development, this tsunami hazard overlay zone applies to all lands identified within the tsunami inundation zone established in OAR 632-005-0040 (1) and depicted in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-55 through O-95-57. The City of Port Orford will implement the tsunami hazard overlay zone identified in these maps utilizing the City of Port Orford Tsunami Hazard Overlay Zone Map, May 2019.
(Ord. 2019-02 § 1, 2019)

§ 17.46.040 Uses.

In the tsunami hazard overlay zone, all uses permitted pursuant to the provisions of the underlying zone may be permitted, subject to the additional requirements and limitations of this chapter except those uses set forth in Section 17.46.050, Prohibited uses.
(Ord. 2019-02 § 1, 2019)

§ 17.46.050 Prohibited uses.

Unless authorized in accordance with Section 17.46.070, Use exceptions, the following uses are prohibited in the tsunami hazard overlay zone:
1. 
Hospitals and other medical facilities having surgery and emergency treatment areas.
2. 
Fire and police stations, including structures and equipment in government communication centers and other facilities required for emergency response.
3. 
Buildings with a capacity greater than 250 individuals for every public, private or parochial school through secondary level or childcare centers.
4. 
Buildings for colleges or adult education schools with a capacity of greater than 500 persons.
5. 
Jails and detention facilities.
6. 
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.
7. 
Emergency vehicle shelters and garages.
8. 
Structures and equipment in emergency preparedness centers.
9. 
Standby power generating equipment for essential facilities.
10. 
Covered structures whose primary occupancy is public assembly with a capacity of greater than 300 persons.
11. 
Medical facilities with 50 or more resident, incapacitated patients.
12. 
Residential uses, including manufactured home parks, of a density exceeding 10 units per acre.
13. 
Hotels or motels with more than 50 units.
(Ord. 2019-02 § 1, 2019)

§ 17.46.060 Existing uses.

Notwithstanding the provisions of Chapter 17.24, the requirements of the tsunami hazard overlay zone shall not have the effect of rendering any existing lawful use nonconforming.
(Ord. 2019-02 § 1, 2019)

§ 17.46.070 Use exceptions.

A use listed within this section may be permitted by the Planning Commission through a conditional use permit process based upon the following criteria. 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.
A. 
Fire or police stations may be permitted upon findings that there is a need for a strategic location.
B. 
Other prohibited uses may be permitted upon the following findings:
1. 
There are no reasonable, lower-risk alternative sites available for the proposed use;
2. 
Adequate evacuation measures will be provided such that life safety risk to building occupants is minimized; and
3. 
The buildings will be designed and constructed in a manner to minimize the risk of structural failure during the earthquake and tsunami event.
(Ord. 2019-02 § 1, 2019)

§ 17.46.080 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, which are needed to facilitate pedestrian access to the tsunami evacuation routes identified on the 2019 Port Orford Tsunami Evacuation Route Map, which is incorporated into this section by reference. Such improvements shall be proportional to the evacuation needs created by the proposed development. Such measures shall include:
A. 
On-Site Improvements.
1. 
Informational bulletins, brochures and other forms of communication posted in public areas, meeting rooms or common areas alerting residents, visitors and guest to the threat of tsunami and nearby evacuation routes and assembly areas.
2. 
Wayfinding signage shall be posted in parking areas and pedestrian ways indicating the direction and location of the closest evacuation route.
B. 
Off-Site Improvements. Improvements to portions of designated evacuation routes identified on the 2019 Port Orford Tsunami Evacuation Route Map that are needed to serve, but are not contiguous to, the proposed development site. Such improvements shall be proportional to the evacuation needs created by the proposed development.
C. 
Evacuation Route Signage. Such signage shall be adequate to provide necessary evacuation information consistent with the proposed use of the site. Where multiple developments could occur in the future, the City shall assess a cost proportionate to the development's impact to the overall land use pattern of the area. In no case shall this cost exceed $500.00.
D. 
Public Tsunami Evacuation Structures. Public tsunami evacuation structures are not subject to the building height limitations of this code.
(Ord. 2019-02 § 1, 2019; Ord. 2022-03 § 1, 2022)