HomeMy WebLinkAboutOrdinance No. 19407ORDINANCE NO. 19401
AN ORDINANCE CONCERNING FLOOD PLAIN REGULATIONS; AMENDING
SECTIONS 9.015, 9.268, 9.604, 9.606, AND 9.607 DF THE EUGENE
CODE, 1911; ADDING SECTIONS 9.6D2 AND 9.603 TO THAT CODE;
AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions for "Floodway", "Mobile home", and "Struc-
ture" contained in Section 9.D15 of the Eugene Code, 1911 are amended, and
the following definitions added in alphabetical order therein, to read and
provide:
9.D15 Definitions. As used in this chapter, un]ess the context re wires
a
otherwise, the following words and phrases mean:
meal. As used in sections 9.602 to 9.601, a request for a
review of the building official's interpretation of those sections
or a request fora variance from any provision of those sections.
Base flood. As used in sections 9.602 to 9.6D1, the flood
having a one pecent chance of being equalled or exceeded in any
given year.
Develo ment. As used in sections 9.602 to 9.6D1, 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 located within
the area of special flood hazard.
Flood, or flooding. As used in sections 9.fi02 to 9.6D1, a
general and temporary condition of partial or complete inundation
of normal 1y dry 1 and areas f rorn:
~a} The overflow of inland or tidal waters and/or
fib} The unusual and rapid accumulation of runoff of
surface waters from any source.
Flood i nsurance, rate m,ap ~ FIRM} . As used i n secti ans 9.6x2
to 9.6D1, the offi~~~al map an which the Federal Insurance Adminis-
tration has delineated both the areas of special flood hazards and
and the risk premium zones applicable to the community.
Flood insurance study. As used in sections 9.602 to 9.6D1,
the official report provided by the Federal Insurance Administra-
tion that includes flood profiles, the Flood Boundary-Floodway Map,
and the water surface elevation of the base flood.
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 increasing the water surface elevation.
Mobile home.
~a} Except as provided in subparagraph ~b}, a vehicle
or structure that ~1} is identified as a mobile home by the
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manufacturer, ~2} bears a state mobile home insignia, ~3} is
constructed for movement an public roads and highways, (4} has
sleeping, cooking, and plumbing facilities, ~6} is intended
for human occupancy, and ~6} is intended far residential use,
fib} As used in sections 9.602 to 9.607, a structure that
is transportable in one or more sections, built on a permanent
chassis, and designed to be used with or without a permanent
foundation when connected to required utilities, and does not
include recreational vehicles or travel trailers.
Mobi 1 e home ark or mobi 1 e home subdi vi si an exi sti n As
used in sections 9.602 to 9.607, a parcel for contiguous parcels}
of land divided into two ar more mobile home lots for rent or sale
for which the construction of facilities for servicing the ]ot on
which the mobile home is to be affixed ~inc]uding, at a minimum,
the i n stal 1 ati on of uti 1 i ti es, either final site grading or the
pouring of concrete pads, and the construction of streets} is com-
pleted before September 22, 1986,
Mobile home ark or mobile home subdivision ex ansion to
exi5t~~, As used in sections 9.602 to 9,607, the preparation of
additional sites by the construction of facilities far servicing
the Tots on which the mobile homes are to be affixed ~inc1uding the
instal 1 ati on of uti 1 i ti es, either final site grading or pouring of
concrete pads, ar the construction of streets}.
Mobile home ark or mobile home subdivision new. As used in
sections 9.602 to 9.607, a parcel for contiguous parcels} of land
divided into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the lot ~inc1ud-
i ng, at a minimum, the i n stall ati on of uti 1 i ti es, either f i na1 site
grading or the pouring of concrete pads, and the construction of
streets} is completed on or after September 22, 19$6.
New construction. As used in sections 9.602 to 9.607, struc-
tures for which the "start of construction" commenced an or after
September 22, 1986.
Shallow flooding area,. As used in sections 9.602 to 9.607,
a designated~~AO or AH~~zone on the Flood Insurance Rate Ma FIRM .
p~ }
The base flood depths range from one to three feet; a clearly de-
fined channel does not exist; the path of flooding is unpredictable
and indeterminate; and, velocity flow may be evident.
S ecial flood hazard area. As used in sections 9.602 tv
9.607, the 1 and i n the f 1 ood pl ai n wi thi n a community subject to
a one percent or greater chance of flooding in any given year.
Start of construction, As used in sections 9.602 to 9.607,
the first placement of permanent construction of a structure bother
than a mobile home} on a site such as the pouring of slabs yr foot-
ings or any work beyond the stage of excavation. Permanent con-
struction does not include land preparation, such as clearing, grad-
ing and filling, nor does it include the installation of streets
and/or walkways; excavation fora basement, footings, piers or
foundations, or the erection of temporary farms; nor the installa-
tion on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not as part of the main
structure. Fora structure bother than a mobile home} without a
basement ar poured footings, the "start of construction" includes
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the first permanent framing or assembly of the structure or any
part thereof on its piling ar foundation. For mobile homes not
within a mabi]e home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its perman~
ent site. For mobile harnes within mobile home parks ar mobile home
subdivisions, "start of construction" is the date on which the con-
struction of facilities for servicing the site on which the mobile
home is to be affixed including, at a minimum, the construction
of streets, either final site grading or the pouring of concrete
pads, and installation of utilities} is completed,
Structure.
(a} Except as provided in subparagraph ~b}, anything
constructed or built, an ediface ar building of any kind, or
any piece of work artificially built up or composed of parts
joined together in some definite manner.
fib} As used in sections 9.602 to 9.607, a walled and
roofed building or mobile home that is principally above
ground.
Substanti a~,,,,,,, i mprovement. As used i n sections 9.602 to 9.601,
any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the
structure either:
~a} Before the improvement or repair is started, or
fib} If the structure has been damaged and is being
restored, before the damage occurred. Far the purposes of
this definition, "substantial improvement" is considered
to occur when the first alteration of any wa11, ceiling,
floor, or other structural part of the building commences,
whether ar not .that alteration affects the external dimen~
sions of the structure.
The term does not, however, include either;
~c} Any project for improvement of a structure to
.comply with existing state or local. health, sanitary, ar
safety code specifications which are solely necessary to
assure safe living conditions, or
~d} Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory
of Historic Places.
i~ariance. As used in sections 9,602 to 9.607, a grant of
relief from the requirements of those sections which permits con-
struction in a manner that would otherwise be prohibited by those
sections,
Section 2. Section 9.268 of the Eugene Code, ~91I, is amended by delet~
ing subparagraph (d) therefrom and relettering subparagraphs (e) and (f) to
(d) and (e).
Section 3. The caption preceding Section 9.604, and Sections 9.604,
9.606 and 9.607 of the Eugene Code, 191, are amended, and new Sections 9.602
Qrdinance - 3
and 9.603 added thereto, to read and provide;
General Provisions; Flood Plain Mana ement Criteria S ecial
Permit Re ui cements and Fl oodway Devel o ment Prohibitions
9.602 S ecial Flood Hazard Areas - Pur ose. It is the purpose of sec-
tions 9.60 to 9.607 to promote the public health, safety and
general welfare, and to minimize public and private losses due to flood con-
ditions in specific areas by adopting provisions designed to;
~a} Protect human life and health;
fib} Minimize expenditure of public money and costly flood
control projects;
~c} Minimize the need for rescue and relief efforts asso-
ciated with flooding and generally undertaken at the expense of
the general public;
~d} Minimize prolonged business interruptions;
fie} 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;
~f} 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;
fig} Ensure that potential buyers are notified that property
is in an area of special flood hazard; and
~h} Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
9.603 S ecia1 Flood Hazard Areas - A licability.
~1} The provisions of sections 9.60 to 9.607 apply to all areas
of special flood hazards within the jurisdiction of the city.
~Z} The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report entitled
"The Flood Insurance Study for the City of Eugene," effective Se tember 29
1986 with accom an in Floo p '
p y g d insurance Rate Maps FIRM}, Fl oodway Flood
Boundary, and Floodway Maps are hereby adapted by reference and declared to
be a part of this code, and are on file in the office of the city engineer,
9.604 S ecial Flood Hazard Areas - Develo ment Permit.
~1} A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in
section 9.603. The permit shall be for all structures including mobile
homes as defined in section 9.015, and for all other development includin
fill and other activities as a1s ~ ~ g
o defined ~n section 9.015. Appl~cat~on
far a development permit shall be made on forms furnished by the buildin
official and ma include but not g
Y be limited to plans in duplicate drawn to
scale showing the nature, loc~atian, dimensions and elevations of the area in
question; existing ar proposed structures, fill, storage of materials, drain-
age facilities, and the iocativn of the foregoing. The following informa-
ti on i s specifically required:
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(a} Elevation in relation tv mean sea level, of the lowest
floor including basement} of all structures;
fib} Elevation in relation to mean sea level___to which any
structure has been floadproofed;
~c} Certification by a registered professional engineer or
architect that the floodproofing methods for any non-residential
structure meet the floodproofing criteria in section 9.647; and
~d} A description of the extent to which a watercourse will
be altered or relocated as a result of proposed development.
~2} The building official or his/her designee shall administer and
implement the provisions of sections 9.602 to 9.607 by granting or denying
development permit applications in accordance with their provisions. In con-
nection therewith, the duties of the building official or designee shall in-
clude, but not be limited to:
~a} Review of all development permits to determine that the
permit requirements of sections 9.642 to 9.647 have been satisfied;
fib} Review of all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies, including the city, from which prior
approval is required;
~c} Review of all development permits to determine if the
proposed development is located in the floodway. If located in the
floodway, the building official shall assure that the encroachment
provisions of section 9.601 are met;
~d} Qbtaining, reviewing and reasonably utilizing any base
flood elevation data available from a federal, state, or other
source in order to administer the provisions of section 9.647 ~~}
subsections ta} and ~b}, if the base flood elevation data has not
been provided in accordance with subsection ~I} of this section.
fie} Qbtaining and recording the actual elevation din relation
to mean sea level} of the lowest floor including basement} of all
new or substantially improved structures, whether or not the struc-
ture contains a basement;
~f} ~lerifying and recording the actual elevation din relation
to mean sea level} and maintaining the floodproofing certifications
required in subsection ~1} of this section for all new or substan-
tially improved floadproofed structures;
fig} Notifying adjacent communities and the state prior to
any alteration ar relocation of a watercourse, and submitting evi-~
dente of such notification to the Federal Insurance Administration;
and
(h} Requiring that maintenance is provided within the altered
or relocated portion of a watercourse so that the flood carrying
capacity is not diminished.
~3} An applicant may appeal the building official's denial of a
development permit application in the manner provided in section 9.742 of
this code.
9.606 S ecial Flood Hazard Areas - Variances. The building official may
approve, conditionally approve, or deny an application fora vari-
once from the provisions of sections 9.602 to 9.607, except that no variance
shall be allowed within a floodway. The building officials decision shall
be based on the following criteria:
Qrdinance - 5
~a} Compliance with applicable provisions of section 9.744
of this code;
fib} Consideration of all technical evaluations, other rele-
vant factors and standards set forth in section 9.647, 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 an the
individual owner;
4. The importance of the services provided by the pro-
posed facility to the community;
5. The necessity to the foci 1 i ty of a waterfront 1 oca-
tion, where applicable;
6. The avai 1 obi 1 i ty of alternative 1 ocati ons for the
proposed use which are not subject to flooding or erasion dam-
age;
7. The compatibility of the proposed use with existing
and anticipated development;
8. The relationship of the proposed use to the compre-
hensive plan and flood plain management program for that area;
9. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
~4. 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,
~1. The casts of providing governmental services during
and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, elec-
trical, and water systems, and streets and bridges.
~c} A determination that the variance is the minimum neces-
sary, considering the flood hazard, to afford relief;
~d} A determination that good and sufficient cause exists
for the variance;
fie} Failure to grant the variance would result in exceptional
hardship to the applicant;
~f} Granting the 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, or conflict with existing local laws or ordinances.
~Z} An applicant may appeal the building official's denial of a
variance application, or f ram conditions imposed if the application is condi-
tionally approved, in the manner set forth in section 9.742 of this code.
9.607 S ecial Flood Hazard Areas -Standards.
(1} General Standards. ~n all areas of special flood hazards, the
fallowing standards are required:
~a} Anchori„~ :
1. A~~~l new construction and substantial improvements
shall be anchored to prevent flotation, collapse, or lateral
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movement of the structure;
2. All mobile homes shall be anchored to resist flota-
tion, collapse, or lateral movement by providing over~-the-top
and frame ties to ground anchors. Specific requirements shall
be~ that:
a. Over-the-top ties be provided at each of the four
corners of the mobile home, with two additional ties per
side at intermediate locations, with mobile homes less
than 50 feet long requiring one additional tie per side;
b, Frame ties be provided at each carver of the
home with five additional ties per side at intermediate
points, with mobile homes less than 5U feet long requir-
i ng four additional ties per side;
c. All components of the anchoring system by cap-
able of carrying a farce of 4,8Q4 pounds; and,
d. Any additions to the mobile home be similarly
anchored; and
3. An alternative method of anchoring may involve a sys-
tem designed to withstand a wind force of 9~ miles per hour or
.greater. Certification must be provided to the building offi-
cial that this standard has been met.
~b~ Construction materials and methods. All new construction
and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage, using methods and
and practices that minimize flood damage.
~c} Utilities.
1. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood
waters into the system;
2. 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,
3. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding,
~d~ Subdivision„_ roposa,ls:
1. Al l~ subdivision proposals shall:
a. Be consistent with the need to minimize flood
damage;
b. Have public utilities and facilities such as
sewer, gas, electrical, and water systems located and
constructed to minimize flood damage; and
c. Have adequate drainage provided to reduce ex-
posure to flood damage; and
2. Base flood elevation data shall be provided for sub-
divisions and other proposed development which contain at
1 east 5D 1 ots or f i ve acres ~whi chever i s 1 ess~ .
(e~ Review of buildin ermiis. where elevation data is not
available, 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 in-~
eludes use of historical data, high water marks, photographs of
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past flooding, etc., where available.
~2} S.,.pecific standards. ~n all areas of special flood hazards
where base flood elevation data has been provided as required in subsections
9.604 ~1} or ~2}, the following provisions are required:
~a~ Residential construction. New construction and substan-
tial improvement of any residential structure shall have the lowest
floor, including basement, elevated to at least one foot above base
flood elevation.
~b~ Nonresidential construction. New construction and sub-
tial improvement of any commercial, industria] or other nonresiden-
tial structure shall either have the lowest floor, including base-
ment, elevated to at least one foot above the level of the base
flood elevation; or, together with attendant utility and sanitary
facilities, shall:
1. Be flaodproofed so that below one foot above the base
flood level the structure is watertight with wa]ls substanti-
ally impermeable to the passage of water;
2. Have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of bouyancy;
3. Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the building offi-
cial as required in section 9.604.
~c} Mobile homes,
1. Mobile homes shall be anchored in accordance with
section ~1}~a~ of this section.
2. Far new mobile home parks and mobile home subdivi-
sions; for expansions to existing mobile home parks and mobile
home subdivisions; for existing mobile home parks and mobile
home subdivisions where the repair, reconstruction or improve-
ment of the streets, utilities, and pads equals or exceeds 50
percent of the value of the streets, utilities, and pads be-
fore the repair, reconstruction, or improvements has commenc-
ed; and for mobile homes not placed in a mobile home park or
mobi 1 e home subdivision
a. Stands or lots must be elevated on compacted
fill or on pilings so that the lowest floor of the mobile
home will be at least one foot above the base flood level;
b. Adequate surface drainage and access far a
hauler must be provided; and,
c. In the instance of elevation on pilings, that
lots are large enough to permit steps; piling foundations
are placed in stable soil na more than ten feet apart;
and reinforcement is provided far pilings more than six
feet above the ground level.
3. No mobile home shall be placed in a floodway, except
in an existing mobile home park or existing mobile home sub-
division.
~d} Floodways. Within areas of special flood hazard estab-
lished in section 9.603 are areas designated as floodways. Since a
.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:
Ordinance - $
I. Prohibition on encroachments, including fill, new
construction, substantial improvements, and other development
unless certification by a registered profess._anal engineer or
architect is provided demonstrating that encroachments shall
not result in any increase in flood levels during the occur-
rence of the base flood discharge; and
2. If the conditions of subparagraph ~. above are met,,
all new construction and substantial improvements shall com-
ply with all other applicable flood hazard reduction provi-
sions of this section.
fie} Shallow floodin areas - with de th desi nations.
Shallow flooding zones appear on Flood Insurance Rate Maps FIRM),
with depth designations, wherever such flooding occurs on sloping
water surfaces such as alluvial fan flow, wave wash after the wave
has broken, etc. In these areas, the following provisions apply:
T, New construction and substantial improvements of res-
idential structures within these zones shall have the lowest
floor including basement} elevated above the highest adjacent
grade of the building site, to at least one foot above the
depth number specified an the FTRM. where appropriate, such
structures shall be elevated above the craws of the nearest
road, to at least one foot above the depth number specified in
the FIRM. where hazardous velocities are noted on the FIRM,
consideration shall be given to mitigating the effects of
these velocities through proper construction techniques and
methods.
2. New construction and substantial improvements of non-
residential structures within these zones shall either:
a. Have the lowest floor including basements ele-
vated above the highest adjacent grade of the building
site to at least one foot above the depth number speci-
fied on the FIRM; or
b. Together with attendant utility and sanitary
facilities, be completely f1oodpraofed to at least one
foot 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 hav-
ing the capability of resisting hydrostatic and hydro-
dynamic loads and effects of bouyancy. If this method
is used, compliance shall be certified by a registered
professional engineer or architect.
where hazardous velocities are noted an the FIRM, considera-
tion shall be given to mitigating the effects of these velo-
cities through proper construction techniques and methods.
Section 4. That the matters contained herein concern the public health,
safiety and welfare and therefore, an emergency is hereby declared to exist,
and this Drdinance shall become effective immediately upon its passage by the
City Cvunci1 and approval by the Mayor.
Ordinance - 9
Passed by the City Council this
22nd day of September, 1986
City Recorder
Approved by the Mayor this
22nd day eptember, 1986
Mayor
ordinance - to