Port Orford City Zoning Code
CHAPTER 17
19 FLOOD DAMAGE PREVENTION
§ 17.19.010 Authorization, findings of fact, purpose, and objectives.
A.
Authorization. The State of Oregon has in Oregon Revised Statutes (ORS) 203.035 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Port Orford, Curry County, does ordain as follows:
B.
Findings of Fact.
1.
The flood hazard areas of the City of Port Orford, Curry County are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extra-ordinary 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 flood proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
C.
Statement of Purpose. It is the purpose of this section 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 under-taken 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.
D.
Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes 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 flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
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 flood waters or may increase flood hazards in other areas;
6.
Coordinating and supplementing the provisions of the state building code with local land use and development sections.
(Ord. 2009-04 § 1, 2009; Ord. 2019-01 § 1, 2018)
§ 17.19.020 Definitions.
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section it's most reasonable application.
Where there is no definition in Chapter 17.04, the definitions in this section apply to Chapter 17.19. Where definitions in this section differ from those in Section 17.04.030, the definitions in this section apply within the context of applying Flood Provisions. However, where this section and another City section or another section of this section conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
means a request for a review of the interpretation of any provision of this chapter or a request for a variance.
means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A.
means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letter A.
means the elevation of flooding, including wave height, having a one percent chance of being equaled or exceeded in any given year."
means any area of the building having its floor subgrade (below ground level) on all sides.
means 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
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-V30, VE, or V.
means 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.
means any man-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.
means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters and/or
The unusual and rapid accumulation of runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined here 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.
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 in paragraph (1)(a) of this definition.
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
means 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.
means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
means 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.
means a factor of safety usually expressed in feet above a base flood elevation for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
means 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 nonelevation design requirements of this section found at Section 17.19.050(A)(2).
means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with Federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, parcel or unit of land under the same provided that each manufactured dwelling is not located on a single platted lot located within a subdivision, as defined in ORS Chapter 446.
means, for the purpose of National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD of 1926 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations are referenced.
means structures for which the "start of construction" commenced on or after the effective date of this section and includes any substantial improvements to such structures.
means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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 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 that alteration affects the external dimensions of the building.
means the State of Oregon combined specialty codes.
means a walled and roofed building, a gas or liquid storage tank that is principally above ground, a manufactured dwelling, or modular building.
means 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.
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before the damage occurred. For the 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.
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 structure listed on the National Register of Historic Places or a State Inventory of Historic Places. |
means 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. 2009-04 § 1, 2009; Ord. 2019-01 § 1, 2018)
§ 17.19.030 General provisions.
A.
Lands to Which this Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Orford, Curry County.
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 Curry County, Oregon and Incorporated Areas" dated November 16, 2018, with accompanying Flood Insurance Maps are hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file at City Hall, 555 W. 20th Street, Port Orford, Oregon. The best available information for flood hazard area identification as outlined in Section 17.19.040(C)(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Section 17.19.040(C)(2).
C.
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $750.00 or imprisoned for not more than five days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Port Orford, Curry County from taking such other lawful action as is necessary to prevent or remedy any violation.
D.
Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another section, State Building Code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E.
Interpretation. In the interpretation and application of this section, all provisions shall be:
F.
Warning and Disclaimer of Liability. The degree of flood protection required by this section 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 man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Port Orford, Curry County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
G.
Severability. If any section clause, sentence, or phrase of the section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Section.
(Ord. 2009-04 § 1, 2009; Ord. 2019-01 § 1, 2018)
§ 17.19.040 Administration.
A.
Establishment of Development Permit.
1.
Development Permit Required. A development permit shall be obtained before construction, substantial improvement or repair of substantial damage, or other development begins within any area of special flood hazard established in Section 17.19.030(B). The permit shall be for all structures including manufactured dwellings, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the "Definitions."
2.
Application for Development Permit. Application for a development permit shall be made on forms furnished by the City of Port Orford Planning Department 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 flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 17.19.050(B)(2);
d.
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development; and
e.
Value of any proposed repairs and improvements, and the real market value of structures anticipated to be repaired or improved.
B.
Designation of the Local Administrator. The Port Orford Planning Department is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
C.
Duties and Responsibilities of the Local Administrator. Duties of this shall include, but not be limited to:
1.
Permit Review.
a.
Review all development permits to determine that the permit requirements and conditions of this section have been satisfied.
b.
Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.
c.
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 17.19.050(C)(1) are met.
2.
Use of Other Base Flood Data (In A Zones). When base flood elevation data has not been provided in accordance with Section 17.19.030(B), Basis for establishing the areas of special flood hazard, the applicant shall provide a certification of base flood elevation from an Oregon Registered Engineer to the City utilizing any base flood elevation and floodway data available from a Federal, State or other source. It shall be provided to the Local Administrator in order to administer Section 17.19.050(B), Specific standards.
3.
Information to be Obtained and Maintained.
a.
Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 17.19.040(C)(2), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawl-spaces) of all new or substantially improved structures, and whether or not the structure contains a basement.
b.
For all new or substantially improved flood proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in Section 17.19.040(C)(2):
c.
Maintain for public inspection all records pertaining to the provisions of this section.
4.
Alteration of Watercourses.
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 water-course, and submit evidence of such notification to the Federal Insurance Administration as a Conditional Letter of Map Revision (CLOMR).
b.
Require that maintenance is provided within the altered or relocated portion of said water-course so that the flood carrying capacity is not diminished.
5.
Requirement to Submit New Technical Data.
a.
Applicants shall obtain a Letter of Map Revision (LOMR) within six months of project completion when a CLOMR has been obtained pursuant to 17.19.040(C)(4), or when development has altered a watercourse, modified the boundaries of any area of special flood hazard, or modified base flood elevations.
b.
Applicants shall be responsible for preparing technical data necessary to support the LOMR and paying any processing or application fees to FEMA.
c.
The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application package until applicants demonstrate full compliance with applicable local, State and Federal laws.
6.
Interpretation of FIRM Boundaries. 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. Such appeals shall be granted consistent with the standards of the Code of Federal Regulations, Section 60.6 (Variances and exceptions).
D.
Appeals And Variances.
1.
Appeal Board for Chapter 17.19 Only.
a.
The Port Orford Planning Commission shall hear and decide appeals and requests for variances from the requirements of this section based upon information provided by a licensed Oregon Engineer, Geologist or Surveyor.
b.
The Port Orford 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 of Port Orford, Curry County in the enforcement or administration of this section.
c.
Those aggrieved by the decision of the Port Orford Planning Commission, or any taxpayer, may appeal such decision to the City of Port Orford Common Council, as provided in Section 17.04.200.
d.
In passing upon such applications and appeals, the City of Port Orford Planning Commission and Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and a report by the applicant's engineer addressing the following:
i.
The danger that materials may be swept onto other lands to the injury of others;
ii.
The danger to life and property due to flooding or erosion damage;
iii.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv.
The importance of the services provided by the proposed facility to the community;
v.
The necessity to the facility of a waterfront location, where applicable;
vi.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
vii.
The compatibility of the proposed use with existing and anticipated development;
viii.
The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
ix.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
x.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
xi.
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 subsection (D)(1)(d) and the purposes of this section, the City of Port Orford Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
f.
The planning department 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 (i)—(xi) in subsection (D)(1)(d) 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 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.
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:
i.
A showing of good and sufficient cause;
ii.
A determination that failure to grant the variance would result in exceptional hardship to the applicant;
iii.
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 as identified in subsection (D)(1)(d), or 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 subsection (D)(2)(a), and otherwise complies with Section 17.19.050(A), General standards.
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.
i.
Applications for variances shall include a report from an Oregon Registered Engineer that addresses the technical considerations of flood levels so that all the conditions for granting a variance can be evaluated by the Planning Commission.
(Ord. 2009-04 § 1, 2009; Ord. 2019-01 § 1, 2018)
§ 17.19.050 Provisions for flood hazard reduction.
A.
General Standards. In all areas of special flood hazards, the following standards are required:
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 flood waters into the system.
b.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
c.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon 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 (Section 17.19.040(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, etc., where available. Failure to elevate the lowest floor at least two feet above grade in these zones may result in higher insurance rates.
B.
Specific Standards for A, AH, and AE Zones. When base flood elevation is available in a Flood Insurance Study or determined according Section 17.19.040(C)(2), Use of Other Base Flood Data, the following provisions apply:
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. Designs for meeting this requirement must be either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
ii.
The bottom of all openings shall be no higher than one foot above grade.
iii.
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
2.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or 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:
a.
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b.
Have structural components capable of resisting hydro-static and hydrodynamic loads and effects of buoyancy;
c.
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 17.19.040(C)(3)(b);
d.
Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section;
e.
Applicants flood proofing non-residential 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);
f.
Applicants shall supply a maintenance plan for the entire structure to include, but not be limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide flood proofing 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.
g.
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 Homes. All manufactured homes to be placed or substantially improved shall:
a.
If supported on solid foundation walls be constructed with flood openings that comply with subsection (A)(1)(b);
b.
The bottom of the longitudinal chassis frame beam shall be elevated to or above BFE;
c.
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 (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques);
d.
Elevate electrical crossover connections a minimum of 12 inches above BFE; and
4.
Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a.
Be on the site for fewer than 180 consecutive days, and
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 subsection (B)(3) above.
5.
Below-Grade Crawlspaces. 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 subsection (B)(5)(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 flood-waters 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.
For more detailed information, refer to FEMA Technical Bulletin 11-01.
C.
Floodways. Located within areas of special flood hazard established in Section 17.19.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood-waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Prohibit encroachments, 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 subsection (C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 17.19.050, Provisions for flood hazard reduction.
3.
New installation of manufactured dwellings in the floodway is prohibited unless the applicant is replacing an existing manufactured dwelling on the same footprint and whose original placement was permitted at the time of installation.
D.
Critical Facility. 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 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. Flood-proofing 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.
E.
Coastal High Hazard Areas. Located within areas of special flood hazard established in Section 17.19.030(B) are Coastal High Hazard Areas, designated as Zones V1-V30, VE, V, or coastal A Zones. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter and State Building Codes, the following provisions shall also apply:
1.
All new construction and substantial improvements in Zones V1-V30 and VE, V (where base flood elevation data is available), and coastal A zones shall be elevated on pilings and columns such that:
a.
The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated at minimum to or above the Design Flood Elevation, as set forth in the "Definitions "of one foot above the base flood level; and
b.
The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
2.
A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (E)(1)(a) and (b) of this section.
3.
Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information.
4.
Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
5.
Walls intended to break away under flood loads shall have flood openings that meet or exceed the following criteria:
a.
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.
b.
The bottom of all openings shall be no higher than one foot above grade.
c.
If a building has more than one area enclosed by breakaway walls, each area shall be equipped with sufficient flood openings.
6.
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval) and must comply with additional standards found in the State of Oregon Residential Specialty Code R322.3.4.
7.
Prohibit the use of fill for structural support of buildings.
8.
All new construction and all buildings that are determined by the Floodplain Administrator to be substantially improved shall be located landward of the reach of mean high tide.
9.
Prohibit man-made alteration of sand dunes which would increase potential flood damage.
10.
All manufactured homes dwellings to be placed or substantially improved on sites within Zones V1-V30, V, VE or coastal A zones on the community's FIRM shall meet:
a.
The standards of subsection (B)(3)(d) for electrical connections; and
b.
The standards for new construction or substantial improvements in subsections (E)(1) through (11) of this section (in regards to elevation requirements, for manufactured dwellings the bottom of the lowest horizontal structural member supporting the home is the bottom of the chassis frame beam).
11.
Recreational vehicles placed on sites within Zones V1-30, V, VE, or coastal A zones on the community's FIRM either:
a.
Be on the site for fewer than 180 consecutive days, and
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, for manufactured dwellings.
(Ord. 2009-04 § 1, 2009; Ord. 2019-01 § 1, 2018)