HomeMy WebLinkAbout1987-3052 FLOOD HAZARD & FLOODWAYS CONSTUCTING REQUIREMENTS 5
ORDINANCE NO. 3052
, 1
AN ORDINANCE relating to building regulations; defining terms, adopb-
ing standards and requiring a development permit and
providing for the administration of the standards and
requirements for constructing in areas of special flood
hazard and floodways; amending 11.58.030, 11.58.100,
11.58.120, 11.58.130, 11.58.140, 11.58.150; amending
subsection 11.58.050A and enacting a new section,
11.58.170, all of the 'City of Yakima Municipal Code.
111 BE IT OREAINED BY THE CITY OF YAKIMA:
Section 1. Section 11.58.030 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"11.58.030. Definitions
Unless specifically defined below, words or phrases in this Chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this Chapter its most reasonable application. The
following words, phrases and terms as used in this Chapter shall have
the following meaning ascribed to them, unless a different meaning
clearly appears from the context:.
"APPEAL" means a request for a review of the interpretation by the
Director of Community and Economic Development of any provision of
this ordinance or a request for a variance.
"AREA CF SHALLOW FLOODING" means a designated AO or AH Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indetenninate; and, velocity
flow may be evident. AO is characterized as sheet flow and AH
indicates ponding.
"AREA CF SPECIAL FLOOD HAZARD" 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 letters A or V.
"BASE FLOOD" means the flood having a one percent chance of being
equalled or exceeded in any given year. Also referred to as the
"100-year flood." Designation on maps always includes the letters
A or V.
"DEVELOPMENT" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other struc-
tures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood haz-
ard.
"FLOOD" or "FLOODING" means a general and temporary condition of
partial or complete inundation of normally dry land areas fran:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface
waters from any source.
"FLOOD INSURANCE RATE MAP" (FIRM) 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.
"FLOOD INSURANCE STUDY" means 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.
ORDRES/U1
rev. 9/15/87
A
HFLOODWAY" 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.
"LOWEST FLOOR" 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 build-
ing's lowest floor, provided that such enclosure is not halt so as
to render the structure in violation of the applicable non-eleva-
tion design requirements of this ordinance found at Section
11.58.150 2.
"HABITABLE FLOOR" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not
a "habitable floor".
"MANUFACTURED HOME" means 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 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 180
consecutive days. For insurance purposes the term "manufactured
home" does not include park trailers, travel trailers, and other
similar vehicles.
"MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or con-
tiguous parcels) of land divided into two or more manufactured hare
lots for rent or sale.
"NEW CONSTRUCTION" means structures for which the "start of con-
struction" ccmuenced on or after the effective date of this ord-
inance.
"SHALL" means:
(a) With respect to the functions and powers of the Director
of Community and Economic Development, any agents and employees of
the City of Yakima authorized hereunder, direction and authoriza-
tion to act in the exercise of sound discretion and good faith.
(b) With respect to the Obligations upon owners and occupants
of premises and their agents, a mandatory requirement to act in
compliance with this Chapter at the risk of civil and criminal
liability upon failure so to act.
"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 im-
provement 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 foundation
or the erection of temporary forms; nor does it include the instal-
lation of the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main struc-
byre. •
"STRUCTURE" means a walled and roofed building or manufactured
home, including a gas or liquid storage tank that is principally
Above ground.
"SUBSTANTIAL IMPROVEMENT" means, 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:
ORDRES/U2
rev. 3/19/87
(1) before the improvement or repair is started, or
(2) 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 cony
mences, Whether or not the alteration affects the
ex-
ternal dimensions of the structure.
The term does not, however, include either:
II/ (1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications Which are solely 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.
"VARIANCE" means a grant of relief from the requirements of this
ordinance which permits construction in a manner that would other-
wise be prohibited by this chapter."
Section 2. Subsection 11.58.050A of the City of Yakima Municipal
Code is hereby amended to read as follows:
"11.58.050. Adoption of Flood Insurance Study - Establishing Areas
of Special Flood Hazard
A. "The Flood Insurance Study for the City of Yakima", dated
June 15, 1981, and accompanying flood maps dated December 1, 1981,
(three copies of which are filed with the office of the Yakima City
Clerk) are hereby adopted as an official study and official maps of the
City of Yakima; and as by this reference declared to he a part of this
Chapter and incorporated in this Subsection."
Section 3. Section 11.58.100 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"11.58.100. Development Permit Required
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 11.58.050 of this Chapter. The permit shall be for all
structures including manufactured homes, as set forth in the "Defin-
itions" (Section 11.58.030 of this Chapter), and for all other dev-
elopment including fill and other activities, also as set forth in the
"Definitions." Application for a development permit shall be made on
forms furnished by the Director of Community and Economic Development
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:
(1) Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
411 (2) Elevation in relation to mean sea level to Which any structure
has been floodproofed;
(3) Certification by a registered professional engineer or archi-
tect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section 11.58.150
2 of this Chapter;
(4) Description of the extent to Which any watercourse will be
altered or relocated as a result of proposed development."
ORDRES/U3
rev. 7/31/87
Section 4. Section 11.58.120 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"11.58.120. Duties and Responsibilities of the Director of Community
and Economic Development
Duties of the Director of Community and Economic Development shall
include, but not be limited to: •
1. Permit Review
(1) Review all development permits to determine that the
permit requirements of this Chapter have been satisfied.
(2) 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.
(3) Review all development permits to determine if the pro-
posed development is located in the floodway. If located
in the floodway, assure that the encroachment provisions
of Section: 11.58.160 (1) of this Chapter are met.
2. Use of Other Base Flood Data
When base flood elevation data has not been provided in ac-
cordance with Section 11.58.050 of this Chapter, the Director
of Community and Economic Development shall obtain, review,
and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other source, in order
to administer Sections 11.58.150 and 11.58.160 (2) of this Chap-
ter.
3. Information to be Obtained and Maintained
(1) Where base flood elevation data is provided through the
Flood Insurance Study or required as in Section 11.58.120
2, obtain and record the actual elevation (in relation to
mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved struc-
tures, and whether or not the structure contains a base-
ment.
(2) For all new or substantially improved floodproofed struc-
tures:
(a) verify and record the actual elevation (in relation
to mean sea level) , and
(b) maintain the floodproofing certifications required
in Section 11.58.100 (3) of this Chapter.
(3) Maintain for public inspection all records pertaining to
the provisions of this Chapter.
4. Alteration of Watercourses
(1) Notify adjacent communities and the Washington State
Department of Ecology prior to any alteration or relo-
cation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
5. 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
ORDRES /U4
rev. 7/31/87
and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable oppor-
tunity to appeal the interpretation as provided in Section
11.58.130 of this Chapter."
Section 5. Section 11.58.130 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"11.58.130 Variance Procedure
For the purpose of this section, Hearing Examiner shall have the
same meaning as in Section 15.02.020 of the City of Yakima Municipal
Code.
A. Appeal
(1) The Hearing Examiner of the City shall hear and decide
appeals and requests for variances from the requirements
of this Chapter.
(2) The Hearing Examiner shall hear and decide appeals when
it is alleged there is an error in any requirement,
decision, or determination made by the Director of Com-
munity and Economic Development in the enforcement or
aclministration of this Chapter.
(3) Those aggrieved by the decision of the Hearing Examiner
or any taxpayer, may appeal such decision to the Superior
Court of the State of WaShington.
(4) In passing upon such applications, the Hearing Examiner
shall consider all technical evaluations,, all relevant
factors, standards specified in other sections of this
Chapter, 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 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 loc-
ation, 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 compre-
hensive 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 repair of public utilities and facilities such
as sewer, gas, electrical, and water systems, and
411 streets and bridges.
(5) Generally, variances may be used 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 (a-k) in Section 11.58.130 A
(4) of this Chapter have been fully considered. As the
lot size increases beyond the one-half acre, the tech-
nical justification required for issuing the variances
increases.
ORDRES/U5
rev. 9/15/87
(6) Upon consideration of the factors of Section 11.58.130 A
(4) and the purpose of this Chapter, the Hearing Examiner
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this
Chapter. The Director of Community and Economic Develop-
ment shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Adminis-
tration upon request.
B. Conditions for Variances
(1) Variances may be used for the reconstruction, rehab- III
ilitation or restoration of structures listed on the
National Register of Historic Places or the State Inven-
tory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
(2) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
(3) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(4) 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 appli-
cant; and
(c) a determination that the granting of a variance will
not result in increased flood height, additional
threats to public safety, extraordinary pdblic
expense, create nuisances, cause fraud on or victim-
ization of the public as identified in Section
11.58.130 A (4) or conflict with existing local laws
or ordinances.
(5) 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 cir-
cumstances. They primarily address small lots in densely
populated residential neighborhoods. As such, variances
from the flood elevations should be quite rare.
(6) Variances may be used 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 crit-
eria except 11.58.130 5, and otherwise complies with Sec-
tion 11.58.140.
(7) 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."
Section 6. Section 11.58.140 is hereby amended to read as follows:
"11.58.140. General Standards
:
u6 a11 areas of special flood hazards the following standards are
required:
110
1. Anchoring
Notwithstanding provisions of Section 11.06.100 of the City of
Yakima MUnicipal Cbde: su
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure.
OMR
rev. 9/15/87
(2) All manufactured homes shall be anchored to resist flota-
tion, collapse or lateral movement by providing over-the .
top and frame ties to ground anchors. Specific requir-
ements shall be that:
(a) over-thetop ties be proVided at each of the four
corners of the manufactured home, with two addi-
tional 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 corner of the home
with five additional ties per side at intermediate
points, with manufactured has less than 50 feet
long requiring four additional ties per side;
(c) all components of the anchoring systeM be capable of
carrying a force of 4,800 pounds; and • .
(d) 'any additions to the manufactured ha be similarly
andhored.
(3) An alternative method of anchoring may involve a system
designed to withstand a wind force of 90 miles per hour
or greater. Certification . must be provided to the Dir-
ector of Community and Economic Development that this
standard has been met.
2. Construction Materials and Methods
(1) All new construction and substantial improvements shall
. be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements Shall
be constructed using methods and practices that minimize
flood damage.
(3) Electrical, heating, ventilation, plumbing, and air-condi-
tioning 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
(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.
4. Subdivision Proposals
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
• (2) All subdivision proposals shall have utilities and
facilities such as sewer, gas, electrical, and water
:systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) 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
411 proposed development Which contain at 50 lots or 5
acres (whichever is less).
5. Review of Building Permits
Where elevation data is not available, either through the
Flood Insurance Study or from another authoritative source
(Section 11.58.120 2), applications for building permits shall
be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is
ORDRES/U7
rev. 9/15/87
a local judgment and includes use of historical data, high
water marks, photographs of past flooding, etc., where avail-
able. Failure to elevate at least two feet above grade in
these zones may result in higher insurance rates."
Section 7. Section 11.58.150 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"11.58.150. Specific Standards
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 11.58.050 or Section
11.58.120 of this Chapter, the following provisions are required:
1. Residential Construction
(1) New construction and substantial improvement of any res-
idential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
(2) 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 Aolls by allowing for the entry and exit of
floOdwatera. 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:
(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 floorwaters.
2. Nonresidential Construction
New construction and substantial improvement of any commer-
cial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to
the level of the base floor 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 imper-
meable to the passage of water;
(2) have structural components capable of resisting hydro
static 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 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 11.58.120
3 (2) of this Chapter.
(4) Nonresidential structures that are elevated, not flood-
proofed, must net the same standards for space below the It
lowest floor as described in Section 11.58.150 1 (2).
(5) Applicants floodproofing nonresidential 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 constructed to the base flood level will
be rated as one foot below that level).
WE§n§/87
3. Manufactured Homes
(1) Manufactured homes shall be anchored in accordance with
Section 11.58.140 1 of this Chapter.
(2) For new manufactured have parks and manufactured home
subdivisions; for expansions, to existing manufactured
home parks and manufactured have subdivisions; for exist-
ing manufactured home parks and manufactured ham subdiv-
isions Where the repair, reconstruction or improvement of
the streets, utilities and pads equals or exceeds 50
• percent of the value of the streets, utilities and is
before the repair, reconstruction or improvement has
cammenced; and for manufactured hares not placed in a
manufactured home park or manufactured home subdivision,
require that:
(a) stands or lots are elevated on ccmpacted fill or on
pilings so that the lowest floor of the manufactured
have will be at or above the base flood level;
(b) adequate surface drainage and access for a hauler
are 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 no
more than ten feet apart, and
-- reinforcement is provided for pilings more than
six feet above the ground level.
(3) No manufactured home Shall be placed in a floodway,
except in an existing manufactured have park or existing
manufactured home subdivision."
Section 8. Section 11.58.170 hereby enacted as a new Section of
the City of Yakima Municipal code to read as follows:
"11.58.170. Standards for Shallow Flooding Areas (AO Zones)
Shallow flooding areas appear on FIRM's as AO zones with depth
designations. The base flood depths in these zones range from 1 to 3
feet where a clearly defined channel does not exist, or where the path
of flooding is unpredictable and Where velocity flow may be evident.
Such flooding is usually Characterized as sheet flow. In these areas,
the following provisions apply:
(1) New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (in-
cluding basement) elevated above the highest adjacent grade of
the building site, to or above the depth number specified on
the FIRM (at least two feet if no depth number is specified).
(2) New construction and substantial improvements of nonresiden-
tial structures within AO zones shall either:
a) have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site, to or
above the depth number specified on the FIRM (at least
two feet if no depth number is specified); or
b) together with attendant utility and sanitary facilities,
be completely floodproofed to or 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 having the capability of
resisting hydrostatic and hydrodynamic loads and effects
of bouyancy. If this method is used, compliance shall be
• certified by a registered professional engineer or arch-
itect as in Section 11.58.150.
3) Require adequate drainage paths around structures on slopes to
guide floodwaters around and away fran proposed structures."
CRDRES/U9
rev. 9/15/87
Section 9. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and
by the City Charter.
PASSED BY THE CITY COUNCIL, signed and apfrored this ,ct day of
, 1983.
OP - r
► � ��. a..1�► ►..x.._.11 ,,J
. Yor
ATTEST:
City Clerk
Publication gate SEP "2 5 1987
Effective Date QCT 2 5 VW
ORDRES /U1O
rev. 9/15/87