City Municipal Code Results
ARTICLE 8
FLOOD HAZARD AREAS
Section 8.010. DEFINITIONS.
As used in this article the following words and phrases shall mean the following:
1. AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
2. FLOOD INSURANCE RATE MAP (FIRM). The official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
3. FLOOD HAZARD ZONE. An overlay zone covering the area designated as an area of special flood hazard in Map 41063C0604B of the Flood Insurance Study for the City of Enterprise; the regulations contained in this article apply only to lands within said zone. The flood hazard zone is the same as the area of special flood hazard and is designated on the Flood Insurance Rate Map by the letters A or B.
4. FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
5. 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 (1) foot.
6. 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 design requirements of this ordinance found at Section 8.090 subparagraph 1B.
7. MANUFACTURED HOME. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term 'manufactured home' also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term 'manufactured home' does not include park trailers, travel trailers, and other similar vehicles.
8. MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
9. NEW CONSTRUCTION. Structures for which the 'start of construction' commenced on or after the effective date of this ordinance.
10. 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 one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such a 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 foundation or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure.
11. STRUCTURE. A walled and roofed building including a gas or liquid storage tank that is principally above ground.
12. VARIANCE. A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.
Section 8.020. LANDS TO WHICH THIS ORDINANCE APPLIES.
ARTICLE 8 of this ordinance shall apply to all lands within the Flood Hazard Zone and within the jurisdiction of the City of Enterprise, Wallowa County, Oregon.
Section 8.030. AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration in a report entitled 'The Flood Insurance Study for the City of Enterprise,' dated February 17, 1988, with accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Enterprise City Hall, 108 N.E. First, Enterprise, Oregon. The lands designated as 'area of special flood hazard,' identified in Map 41063C0604B of said study, are hereby designated as the city's Flood Hazard Zone.
Section 8.040. PERMIT REQUIRED.
Prior to the commencement of any development, including fill and other activities within a flood hazard zone and including installation of new mobile homes within an existing mobile home park and/or recreational vehicle park, a zoning perm it shall be obtained from the City Recorder. No such permit shall be issued unless, 1) compliance with the standards contained herein is first demonstrated, and 2) all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required.
Section 8.050. APPLICATION.
Application for a zoning permit in a flood hazard zone shall, in addition to the information required by Section 10.220, contain the following:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures and the elevation (in relation to mean sea level) of the existing ground at the location of each proposed structure;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 8.090 subparagraph 2; and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
No application shall be deemed complete that does not contain the elevations required in subparagraphs 1 and 2 of this section.
Section 8.060. USE OF OTHER BASE FLOOD DATA.
When base flood elevation data is not available for an area within the flood hazard zone, the City Recorder will obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the standards contained herein.
Section 8.070. INFORMATION TO BE MAINTAINED.
The City Recorder shall maintain the following information with respect to permit applications within the flood hazard zone:
1. Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 8.060, the City Recorder shall maintain records showing the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures records showing the actual elevation of the structure (in relation to mean sea level), and the floodproofing certifications required in Section 8.050, shall be maintained.
3. All records pertaining to the provisions of this ordinance shall be available for public inspection.
Section 8.080. GENERAL STANDARDS.
In the flood hazard zone, the following standards shall be met:
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 homes 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 Area' 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 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; and
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. ALTERATION OF WATER COURSES. Prior to granting a permit for a development or proposal to alter the location of an existing watercourse, or prior to undertaking such activity itself, the City shall:
A. Notify adjacent communities and the State of Oregon Land Conservation and Development, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
B. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. REVIEW OF PERMITS. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 8.060), applications for flood area permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two (2') feet above grade in these zones may result in higher insurance rates.
Section 8.090. SPECIFIC STANDARDS.
In areas where base flood elevation data has been provided (i.e., in the flood hazard zones adjacent to Prairie Creek and Wallowa River), the following provisions shall be met:
1. RESIDENTIAL CONSTRUCTION.
A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one (1') foot above 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 flood waters. 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 (2) openings having a total net area of not less than one (1") square inch for every one (1') square foot of enclosed area subject to flooding shall. be provided.
2) The bottom of all openings shall be no higher than one (1') 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 flood waters.
2. NONRESIDENTIAL CONSTRUCTION.
A. New construction and substantial improvements of any commercial industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one (1') foot above of 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 subparagraph 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 8.070, subparagraph 2.
B. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subparagraph 1b above.
3. MANUFACTURED HOMES. All manufactured homes to be placed or substantially improved within the flood hazard area shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one (1') foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 8.080 subparagraph 1, provided however, that this provision shall not apply to manufactured homes within an existing mobile home park and/or recreational vehicle park, provided further however, that if federal law is changed to require that manufactured homes newly located within review for compliance with the standards contained herein in order for the city to be in compliance with standards for the Federal Flood Insurance Program, then commencing on the date said federal law requires such review, no permit for installation of a manufactured home in an existing mobile home park and/or recreational vehicle park shall be issued without requiring compliance with the elevation standard contained in this subparagraph.
Section 8.100. FLOODWAYS.
The following provisions apply to all designated floodways within the flood hazard zone except the Prairie Creek floodway.
1. Encroachments, including fill, mew construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer or architect if provided demonstrate that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If subparagraph 1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.
Section 8.110. PRAIRIE CREEK FLOODWAY.
The following restrictions shall apply within the Prairie Creek floodway.
1. All filling allowed in the floodway must be confined to the actual building site and there can be no filling or other blockages placed in the channel nor fills in the floodway which, either alone or in conjunction with preexisting fills or structures, cause a blockage perpendicular to the anticipated flow of flood waters on the floodway. To the maximum extent feasible, fills in the floodway must be compensated by cuts or extractions of like amounts of materials.
2. To the extent reasonably possible:
A. If a lot is partially in the floodway and partially in the floodway fringe, any improvement shall be placed in the portion of the lot not in the floodway;
B. In the event part of the floodway is permitted to be used as a building site, the highest portion of said lot should be so utilized; and
C. New structures should be placed in the hydraulic shadow of existing encroachments, improvements or structures.
3. The City may impose such conditions for issuance of a permit in the Prairie Creek floodway deemed necessary or appropriate to minimize the impact of the proposed structure upon water flow in the floodway or to prevent flood damage to property.
4. All the provisions and restrictions contained in this ordinance regarding construction in a flood hazard area, except the provisions of Section 8.100 shall be applicable to development within the Prairie Creek floodway.
Section 8.120. VARIANCE.
1. The Commission may grant a variance from the provisions of this section if, after a public hearing thereon, the Commission finds the applicant has demonstrated compliance with the criteria contained in this section.
2. In passing upon such application, the Commission shall consider all technical evaluations and all relevant factors and standards specified in other sections of this ordinance, and:
A. The danger that materials may be swept onto other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The necessity to the facility of a waterfront location, where applicable;
F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the Land Use Plan and flood plain management program for that area;
I. The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. 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
K. The costs of providing governmental services during and after flood conditions, including maintenance and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subparagraph 2 above have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
4. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
5. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
6. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
7. Variances shall only be issued upon:
A. A showing of good and sufficient cause;
B. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
C. 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 subparagraph 2 herein, or conflict with existing local laws or ordinances.
8. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
9. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subparagraph 3 herein, and otherwise complies with Section 8.080 subparagraphs 1 and 2 of this ordinance.
10. 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 and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.