HomeMy WebLinkAboutOrdinance No. 19466QRDINANGE N0. 19466
AN QRDINANGE CONCERNING FLOODWAY REGULATIONS; AMENDING
SECTIONS 9.015, 9.604, 9.606, AND 9.607 QF THE EUGENE
CODE, 1971; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.015 of the Eugene Code, 1911, is amended by amend-
ing the definitions for "Base flood," "Building," "Floodway," "Mobile home,"
"Mabile home park or mobile home subdivision, existing," "Shallow flooding
area," "Special flood hazard area," "Start of construction," and "Structure";
deleting the definitions for "Mabile home park or mobile home subdivision,
expansion to existing," and "Mobile home park or mobile home subdivision,
new"; and adding "Lowest floor," in alphabetical order therein, to read and
provide:
Base flood. As used in sections 9.602 to 9.607, the flood
having a one pecent chance of being equalled or exceeded in any
given year. Also referred to as the "1o0-year flood." Designa-
tion on maps always includes the letters A or v.
Buildin .
~a~ Except as provided in subparagraph ~b}, a structure
bu~1t and ma~nta~ned for the support, shelter ar enclosure of
persons, motor vehicles, animals, or personal or real property.
~b~ As used in sections 9.602 to 9.601, the terms build-
and structure shall be synonymous, and shall mean that which
is framed, erected, constructed ar placed to stand temporarily
or permanently on a tract of land. This definition shall spe-
cifically include a mobile home, manufactured home and acces-
sories thereto, and gas or liquid storage tanks principally
above ground. Driveways or walks not more than six inches
higher than the ground on which they rest shall not be consid-
ered buildings.
Floodw~. 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 more than
one foot.
Lowest fluor. As used in sections 9.602 to 9.607, the lowest
floor of the lowest enclosed area including basement}. An unfin-
i shed or f1 ood resistant enclosure, usable solely for parking of
Ordinance - 1
vehicles, building access or storage, in an area other than a base-
ment area, is not considered a building's lowest floor, provided
that such enclosure is not built sa as to render the structure in
violation of the applicable non-elevation design requirements.
Manufactured home. As used in sections 9.602 to 9.607, a
structure, transportable in one 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
floodplain management purposes the term "manufactured home" also
includes park trai 1 ers, travel trai 1 ers, and other simi 1 ar vehicles
placed on a site far greater than I80 consecutive days. For insur-
ance purposes the term "manufactured home" does not include park
traders, travel traders, and other similar vehicles.
,Manufactured home ark or subdivision, existin , As used in
sections 9.602 to 9.601, a parcel for contiguous parcels} of land
divided into two or more manufactured home lots for rent ar sale.
Mobile home. A vehicle or structure that ~1} is identified as
a mobile home by the manufacturer, ~2} bears a state mobile home
insignia, ~3} is constructed for movement on public roads and hi h-
ways, 4 has slee in co ~ ~ • ~ g
~ } p g, ok~ng, and plumbing fac~l~ties, 5 ~s
~}
intended for human occupancy, and ~6} is intended for residential
use.
shallow floodin area. As used in sections 9.642 tv 9.607
a designated A4 or AH zone on the Flood Insurance Rate Ma FIRM .
p~ }
The base flood depths range from one to three feet; a clearl de-
fined channel does not '
exist; the path of flooding is unpredictable
and indeterminate; and, velocity flow may be evident. AO is char-
acterized as sheet flow and AH indicates pOnding.
S ecial flood hazard area. As used in sections 9.602 to
9.601, the land in the flood plain within a community sub'ect to a
one ercent or re ~
p g ater change of flooding in any given year. De-
s~gnat~an on maps always includes the letters A or v.
Start of construction. As used in sections 9.602 to 9,607
includes substantial improvement, and means the date the buildin
permit was issued rovided g
p the actual start of construction, re-
pa~r, 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 slabs or footings, the installation of
piles, the construction of columns, or any work beyond the sta e
of excavation• ar the 1 g
s p acement of a manufactured home an a foun-
dation. Permanent construction does not include land re oration
such as clearin p p '
g, grading and filling, nor does it include the
installation of streets and/or walkways; excavation far a basement
footings, piers or foundations, or the erection of tem arar forms•
nor the install ~ p, y '
anon an the property of accessory bu~ld7ngs, such
as garages or sheds not occupied as dwelling units or not as part
of the main structure.
Ordinance - 2
Structure
~a} Except as provided in subparagraph ~b}, anything
constructed or built, an ediface or building of any kind, or
any piece of work artificially built up or composed of parts
~o~ned together ~n some definite manner.
fib} ,As,used in sections 9.602 to 9.6o7, a walled and
roofed bu~ld~ng including a gas ar liquid storage tank that
i s principally above,.. ground.
Section 2. Section 9.604, 9.606, and 9.607 of the Eugene Code, 197
are amended to read and provide:
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 includin manufactured
homes as defined in section g
9.015, and for all other development including
fill and other activities, as also defined in section 9.015. A licatian for
a develo ment ermit shall ~ pp
p ,p be made an forms furnished by the building offi-
c ~ al and may ~ ncl ude but not be limited to plans i n du 1 i cate drawn to scat e
showin the nat r ~ ~ p
g u e, location, dimensions and elevations of the area in ues-
t~on; ex~st~n or ro osed struct ~ .q
g p p ures, f~11, storage of materials, drainage
fac~litTes, and the location of the foregoing. The fallowin information '
s ecificall re wired: g ~s
p y q
~a} Elevation in relation to mean sea level, of the lowest
floor ~~nclud~ng basement} of all structures;
fib} Elevation in relation tv mean sea level to which an
structure has been fload r y
p oafed;
. ~c} Certification by a regi stared professional en i Weer or
architect that the g
floodproof~ng methods for any non-residential
structure meet the floodproofing criteria in section 9.607; and
~d} A description of the extent to which a watercourse will
be altered or relocated as a result of proposed develo ment.
2 The buildin ' p
~ } g aff~c~al or his/her designee shall administer and
implement the prov~s~ons of sections 9.602 to 9.607 by rantin or den in
develo ment ermit ~ 'g .g, y 9
p p , appl~cat~ons ~n accordance with their prov~s~ons. In con-
nect~on therewith, the duties of the building official or desi nee shall in-
cl ude, but not be limited g
to:
~a} Review of all development permits to determine that the
permit requirements of sectians 9.602 to 9.607 have been satisfied;
fib} Review of ail development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies, including the city, from which rior
p
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
prov~s~ons of section 9.607 are met;
~d} Obtaining, reviewing and reasonably utilizing any base
flood elevation and floodway data available from a federal, state
Ordinance _ 3
or other source in order to administer the provisions of section
9.601 ~~j subsections ~a} and ~b}, if the base flood elevation data
has not been provided in accordance with subsection ~I} of this
section.
~ej Obtaining 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 abasement where base flood elevation data is pro-
vided through the Flood Insurance Study or required as in subsec-
t~on ~d} of this sect~an;
~fj verifying and recording the actual elevation din relation
to mean sea level} and maintaining the floodproofing certifications
required ~n subsect~an ~~} of this section for all new or substan-
tially improved floodproofed structures;
~gj Notifying adjacent communities and the Division of State
Lands prior to any alteration or relocation of a watercourse, and
submitting evidence of such notification to the Federal Insurance
Administration;
~hj Requiring that maintenance is provided within the altered
or relocated portion of a watercourse so that the flood carrying
capacity is not diminished; and
~ij Maintain for public inspection all records pertaining to
the provisions of sections 9,60 to 9.607.
~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 ma
a rove condition ~ ~ .y
pp ally approve, yr deny an appl~cat~an for a vari-
ance from the provisions of sections 9.602 to 9.607, except that no variance
shal 1 be allowed within a fl oodway. The bui 1 di ng official's decision shal l
be based on the following criteria:
~a} Compliance with applicable provisions of section 9.740
of this code;
~bj Consideration of al 1 technical eval uati ans, other rel e-
vant factors and standards set forth in section 9.601, and;
1. The danger that materials may be swept onto other
lands to the ~n0ury of others;
~. 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 on the
individual owner;
4. The importance of the services provided by the pro-
posed facility to the community;
5. The necessity to the facility of a waterfront loca-
ti on, where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to (loading or erasion dam-
age;
7. The compatibility of the proposed use with existing
and anticipated development;
Ordinance - 4
8. The relationship of the proposed use to the compre-
hensive plan and flood plain management program far that area;
9. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
10. 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,
lI. The costs 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.
fig} That variances are interpreted in the National Flood In-
surance Program based an 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, eco-
nomic or financial circumstances. They primarily address small Tats
in densly populated residential neighborhoods. As such, variances
from the flood elevations should be quite rare.
~h} That variances may be issued for nonresidential buildings
in very limited circumstances to allow a lesser degree of flood-
proofing, where it can be determined that such action will have low
damage potential, complies with all other variance criteria, and
otherwise complies with section 9.607.
~2}, An,applicant may appeal the building official's denial of a
variance appl~cat~on, ar from conditions imposed if the application is condi-
t~ana1ly approved, ~n the manner set forth in section 9.74 of this cede.
9.607 S ecial Flood Hazard Areas - Standards.
~I} General Standards. In all areas of special flood hazards, the
following standards are required:
~a} Ancharin
1. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse, ar lateral
movement of the structure;
2. All manufactured homes shall likewise be anchored to
prevent fl otati On, collapse or 1 ateral movement, and shat 1 be
installed using methods and practices that minimize flood dam-
age. Anchoring methods may include, but are not limited to,
use of over-the-top or frame ties tv ground anchors preference
FEMA's "Manufactured Hame Installation in Flood Hazard Areas"
guidebook for additional techniques}.
Ordinance - 5
fib} Construction materials and methods. X11 new construction
and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage, using methods and
practices that min~m~ze flood damage. Electrical, heating, venti-
lation,`plumbing, and air-conditioning equipment and other service
fac~lit~es shall be designed and/or otherwise elevated or located
so as to prevent water from entering or accumulating within the
components during conditions of flaoding.
~c} Utilities.
1. X11 new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood
waters into the system;
~. 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} Subdi vi s„ion pro.pos,al s;
1. All 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
~. where base flood elevation data has not been provided
or is not available from another authoritative source, it
shall be generated far subdivision proposals and other pro-
posed developments which contain at least 50 lots yr five
acres whichever is less},
Review of buildin '
e ,,. _ g permits. Where elevation data is not
avai 1 abl a either through the F~~oad~~w Insurance Study or from another
authoritative source, applications far building permits shall be
reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness is a local judg-
ment and includes use of historical data, high water marks, photo-
graphs of past flooding, etc,, where available. Failure to elevate
at least two feet above grade in these zones may result in higher
insurance rates,
~~} S ecific standards, In all areas of special flood hazards
where base flood elevation data has been provided as required in subsections
9.504 ~~} or ~2}, the following provisions are required:
~a} Residential construction.
1. New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
~. Fully enclosed areas below the lowest floor that are
subject to flaoding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. De-
Ordinance - 5
signs for meeting this requirement must either be certified by
a registered professional engineer or architect or must meet
or exceed the following minimum 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 pro-
vided.
b. The bottom of all openings shall be no higher
than one foot above grade.
c. Openings may be equipped with screens, louvers,
or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
fib} Nonresidential construction. New construction and sub-
tial improvement of any commercial, industrial or other nonresiden-
tial structure sha11 either have the lowest floor, including base-
ment, elevated to the level of the base flood elevation; or,
together with attendant uti 1 i ty and sanitary foci 1 i ti es, shal 1:
1. Be floodproofed so that bet ow the base flood 1 evel
the structure is watertight with wa11s substantially imper-
meable 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 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 building official
as required in section 9.604.
4. Nonresidential stuctures that are elevated, not
floodproofed, must meet the same standards for space below
the lowest floor as described in subparagraph ~~}~a}2, of
this section.
5. Applicants floodproofing nonresidential buildings
shall be notified that flood insurance premiums wi11 be based
on rates that are one foot below the floodproofed 1eve1 ~e.g.
a building constructed to the base flood level will be rated
as one foot bet ow that 1 eves } .
~c} Manufactured homes. All manufactured homes to be placed
or substantially improved within Zones A~-30, AH, and AE sha11 be
elevated on a permanent foundation such that the lowest floor of
the manufactured home is at or above the base flood elevation and
be securely anchored to an adequately anchored foundation s stem
in accordance wit ~ y
h the prov~s~ons of subsection ~~}~a}2 of this
section.
~d} Floodwa,~. within areas of special flood hazard estab-
lished in section 9,643 are areas designated as floodwa s. Since a
floodwa i s y
y an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
~. Prohibition on encroachments, including fill, new
construction, substantial improvements, and other development
unless certification by a registered professional en ineer or
g
Ordinance ~ 7
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 pravi -
s~ons of this section.
fie} Shallow flovdin areas - with de th desi nations.
Shallow flooding zones appear on Flood Insurance Rate Maps ~FIRM~,
with depth designations, wherever such flooding occurs vn sloping
water surfaces such as alluvial fan flow, wave wash after the wave
has broken, etc. In these areas, the following provisions apply:
1. 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 on the FIRM. Where appropriate, such
structures shall be elevated above the crown of the nearest
road, to at least one foot above the depth number specified in
the FIRM. Where hazardous velocities are noted vn the FIRM,
consideration shall be given to mitigating the effects of
these velocities through proper construction techniques and
methods.
~. New construction and substantial improvements of non-
residential structures within these zones shall either:
a. Have the lowest floor tincluding basement} 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 floodproofed 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 leads and effects of bouyancy. If this method
~s used, compliance shall be certified by a registered
professional engineer or architect.
Where hazardous velocities are noted on the FIRM, considera-
tion shall be given to mitigating the effects of these velo-
cities through proper construction techniques and methods.
Section 2. That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency is hereby declared to exist,
Ordinance - 8
and this Ordinance sham become effective immediately upon its passage by
the City Council and approval by the Mayor.
Passed by the City Council this
27th day of April, 1981
~::
r
~t
ity Recorder
Approved by the Mayar this
27th day April, 1
1
M r
Ordinance - 9