HomeMy WebLinkAbout07-14-2021 YPC Agenda PacketDEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planninggyakimawa.gov • www.yakimawa.gov/services/planning/ypc/
City of Yakima Planning Commission
STUDY SESSION
City Hall Council Chambers
Wednesday, July 14, 2021
3:00 p.m. - 5:00 p.m.
YPC MEMBERS:
Chair Jacob Liddicoat, Vice -Chair Lisa Wallace, Leanne Hughes -Mickel, Al Rose, Robert McCormick,
Philip Ostriem, and Mary Place
Council Liaison: Kay Funk (District 4)
CITY PLANNING STAFF:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development
Administrative Asst.), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner),
Trevor Martin (Associate Planner), and Colleda Monick (Community Development Specialist),
Analilia Nunez (Planning Technician)
AGENDA
I. Ca11 to Order
II. Roll Call
III. Staff Announcements
IV. Approval of Meeting Minutes of June 23, 2021
V. Study Session - 2021 Comprehensive Plan Amendments
1. CPA#001-21, RZ#001-21, SEPA#011-21 - Dan Tilley/Property Owners
Vicinity of N 40th Avenue and Summitview Avenues
2. CPA#002-21, RZ#002-21, SEPA#012-21 - Yakima Valley Farmworkers Clinic
5109 Summitview Avenue
3. CPA#003-21, RZ#003-21, SEPA#013-21 - Racquet Lane Townhomes
2802 Racquet Lane
4. CPA#004-21, RZ#004-21, SEPA#014-21 - 2906 West Nob Hill LLC
1108 S 30th Avenue
5. CPA#005-21, RZ#005-21, SEPA#015-21 - Rick Hargraves
210 W Mead Avenue
6. CPA#006-21, RZ#006-21, SEPA#016-21, CL2#024-21, ADJ#012-21 - Kerry and Gina Martin
706 S 48th Avenue
7. CPA#007-21, RZ#007-21, SEPA#017-21 - Casey and Shawna Gamache
1103 S 72nd Avenue
VI. Study Session - Critical Areas Ordinance FEMA Updates
VII. Other Business
VIII. Adjourn
Next Meeting: July 28, 2021
Yakima
The meeting will also be recorded and posted on the Y-PAC website. Visit the Yakima Planning Commission
webpage for more information.
2015
199a
City of Yakima Planning Commission (YPC) Meeting Minutes
Virtual Meeting via Zoom
June 23, 2021
CaII to Order
Chair Liddicoat called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present:
YPC Members Absent:
Staff Present:
Council Liaison:
Others:
Chair Jacob Liddicoat, Vice -chair Lisa Wallace, Al Rose, Mary
Place, Leanne Hughes -Mickel
Phil Ostriem, Rob McCormick
Joseph Calhoun, Planning Manage
Kay Funk, District 4
Jake Mayson, CWHBA
Staff Announcements — Planning Manager Joseph Calhoun announced tF following:
• Final documents will be sent to DOE and a Determination of Consistency was received.
Scheduling the SMP Ordinance for Council in August.
June 9, 2021 Meeting Minutes — It was motioned by Commissioner Rose and seconded by
Commissioner Hughes -Mickel to approve the meeting minutes of June 9, 2021 as presented. The
motion carried unanimously.
Housing Action Plan Implementation — Calhoun presented on HAP Strategy 1 to update city
regulations to remove barriers to innovative housing types. This discussion will revolve around
cottage housing, which is in line with the purpose strategy 1 to look at different density and zoning
options. Background: existing code sections were presented including the Land Use Table 4-1;
Design Requirement Table 5-1; Subdivision Requirements Table 5-2; housing definitions pulled
from YMC 15.02.020; Zero Lot Line Development, YMC 15.09.040; and Accessory Dwelling Units,
YMC 15.09.045.
Cottage Housing: this is grouping of small, single family dwelling units around a common area;
typically at higher density than a typical single family neighborhood. Commissioner Place asked
about the Veteran's Housing on 16th which was classified as Multifamily Development.
Commissioner Rose asked about the tiny -home project at 16' and Lincoln — no project has been
submitted at this time. Calhoun stated that the concept would likely be similar to Cottage Housing,
but we have only been looking at the potential project for how it relates to Multifamily
Development. Cottage Housing may have different standards than Multifamily Development
which could encourage that type of project. Councilmember Funk spoke about manufactured
homes being used as infill development in her neighborhood and that those could be potential
construction types for Cottage Housing; further, the council has identified several city -owned
properties for sale which will be sold for housing. Calhoun stated that we are engaging with an
appraiser for the city -owned lots and when the appraisals are completed they will be placed on
the market. Chair Liddicoat asked about the purpose of today's meeting — Calhoun stated that
this was for information today and staff will bring back track changes code to a future meeting.
Kirkland Example: The HUD website includes a case study of the Kirkland, WA Cottage Housing
Ordinance. This Ord includes three different types of Cottage Housing which has different
standards depending on the selected type. Some considerations include maximum unit size,
increased density limits, min/max development size (number of units), parking requirements,
setbacks, lot coverage, open space, and community buildings. We can be creative with our
Ordinance and include development standards that work for Yakima. Standards can be increased
or modified "by -right" for development that meets the definition/standards for Cottage Housing.
Chair Liddicoat discussed Common Open Space, he would like to see that built into our code so
that open space is maintained appropriately. There could also be an incentive to build a
community building that would be tied to a reduced open space or parking requirement.
Next Steps: Staff will begin to draft Cottage Housing Language to add to the Zoning Ordinance
and bring back to a future meeting. Liddicoat asked about odd -shaped lots in the R-2 and R-3
zones — setback requirements are challenging to meet when a diagonal lot line is present.
Calhoun stated that setbacks are challenging in the R-3 which has a 10-foot setback or building
height. We could look at removing or revising the % building height requirement, or tying a reduced
setback to an open space incentive. Commissioner Rose asked where that standard came from
— Calhoun stated he would look through past ordinances to see how long it has been in the code.
Jake Mayson stated that setbacks tied to building height are commonly used to decrease the
perception of high density and preserve views. Liddicoat asked about parking calculations for on -
site amenities — Calhoun stated that parking isn't calculated when the amenity is utilized by the
on -site residents. For example, a laundry facility that is just for the residents has no additional
requirement, but parking would be needed if the facility was open to the public at -large. Liddicoat
asked about parking being tied to resident income or other types of occupancy — Calhoun stated
that those considerations could be added into the Ordinance. Hughes -Mickel asked about looking
through our existing code and how Cottage Housing can fit in -� Calhoun stated that staff will be
proposing a track changes document that integrates Cottage Housing into our different code
sections. Jake Mayson stated that there aren't many°locaI examples of Cottage Housing. There
is a strong preference of "by -right" process to make processes clear and predictable. Rose also
discussed the importance of infrastructure and affordable housing. Funk mentioned that there
...... .......
may be funds ini the American Rescue Plan that' could be used for infrastructure, otherwise there
isn't any city funding for infrastructure extension. Place asked if there is HUD money available for
utility extension — Calhoun stated hewould ask ourONDS manager.
Comprehensive Plan Amendment Updates — Calhoun provided a brief update on the CPA/RZ
applications. Public comment will be sent on Friday, June 25, 2021. YPC will hold study sessions
at the July meetings andwe will schedule public hearing in August.
Other Business — Place asked about working with the County — Calhoun stated that we would
be working with County Staff on setting up a joint meeting.
Adjourn — A motion to adjourn to July 14, 2021 was passed with unanimous vote. This meeting
adjourned at approximately 4:03 p.m.
Chair Liddicoat
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Joseph Calhoun, Planning Manager
2
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
COMPREHENSIVE PLAN AMENDMENTS
STUDY SESSION
The Department of Community Development received seven requests for amendments to the
Future Land Use Map for the 2021 amendment review process. These include:
APPLICANT: Daniel Tilley, on behalf of Lincoln Legacy and property owners
FILE NUMBERS: CPA#001-21, RZ#001-21, & SEPA#011-21
LOCATION: Vicinity of N 40th and Summitview Avenues
PARCEL NO:
AMENDMENT
REQUEST:
181322-42486, 42487, 42488, 42489, 42490, 42492
Change the Future Land Use map designation for 6 parcels from
Low Density Residential to Community Mixed -Use and concurrent
rezone from Single -Family Residential (R-1) to Small
Convenience Center (SCC).
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APPLICANT: Yakima Valley Farm Worker's Clinic
FILE NUMBERS: CPA#002-21, RZ#002-21, & SEPA#012-21
LOCATION: 5109 Summitview Ave
PARCEL NO: 181321-13468
AMENDMENT
REQUEST:
Change the Future Land Use map designation for one parcel from
Mixed Residential to Community Mixed -Use and concurrent
rezone from Two -Family Residential (R-2) to Local Business (B-
2).
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APPLICANT: PLSA Engineering and Surveying, on behalf of Racquet Lane
Townhomes
FILE NUMBERS: CPA#003-21, RZ#003-21, & SEPA#013-21
LOCATION: 2802 Racquet Ln
PARCEL NO: 181335-23406
AMENDMENT Change the Future Land Use map designation for one parcel from
REQUEST: Low Density Residential to Mixed -Residential and concurrent
rezone from Single -Family Residential (R-1) to Multi -Family
Residential (R-3).
Low Density Re i ential
(R-1)
No proposed change
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APPLICANT: PLSA Engineering and Surveying c/o Tom Durant on behalf of
2906 West Nob Hill LLC
FILE NUMBERS: CPA#004-21, RZ#004-21, & SEPA#014-21
LOCATION: 1108 S. 30th Ave.
PARCEL NO: 181326-32008
AMENDMENT Change the Future Land Use map designation for one parcel from
REQUEST: Low Density Residential to Community Mixed Use and concurrent
rezone from Single -Family Residential (R-1) to Local Business (B-
2).
Lo Density esidentla
(R-1)
April 26, 2021
Parcels
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APPLICANT: Hordan Planning Services, on behalf of Rick Hargraves
FILE NUMBERS: CPA#005-21, RZ#005-21, & SEPA#015-21
LOCATION: 210 W Mead Ave
PARCEL NO: 191331-22545
AMENDMENT
REQUEST:
Change the Future Land Use map designation for a portion of one
parcel from Community Mixed -Use to Mixed -Residential and
concurrent rezone from Local Business (B-2) to Two -Family
Residential (R-2).
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FILE NUMBERS:
LOCATION:
PARCEL NO:
AMENDMENT
REQUEST:
Digital Design & Development c/o Leanne Liddicoat on behalf of
Kerry and Gina Martin
CPA#006-21, RZ#006-21, SEPA#016-21, ADJ#012-21 &
CL2#024-21
706 S. 48th Ave.
181328-11008
Change the Future Land Use map designation for one parcel from
Low Density Residential to Community Mixed -Use and concurrent
rezone from Single -Family Residential (R-1) to Local Business (B-
2), and proposed multi -family development consisting of 14
apartment units with 29 parking spaces and associated site
improvements.
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FILE NUMBERS: CPA#007-21, RZ#007-21, & SEPA#017-21
LOCATION: 1103 S 72nd Ave
PARCEL NO: 181329-42428
AMENDMENT Change the Future Land Use map designation of one parcel from
REQUEST: Low Density Residential to Commercial Mixed Use and
concurrent rezone from Single -Family Residential (R-1) to Large
Convenience Center (LCC).
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City of Yakima Planning Commission
YMC Ch 15'27 FENNA Update
July 14,2021
1. Purpose of Update
This isanon-project proposal that updates the City nfYakima Critical Areas Ordinanco(CAO).
Proposed changes to the CAO are required for continued eligibility in the National Flood
Insurance Program (NFIP), consistent with the standards of Paragraph 60.3(d) of the NFIP and
FEK4Aguidanoe.
2' Timeline
July 14.2021Study Session
July 28.2021 Public Hearing
Council Consideration in September
The complete track changes is available at Critical Areas Ordinance Updates I Planning Division
(yakimawa.gov)and are based upon the following Model Ordinance.
State Model *[diD@OC8
December 202UVersion
Simplified Evaluation Sheet
Locality: City ufYakima
Reviewer's Name: Sandy |. Floyd / Joseph Calhoun
Review Date: K8onnh 26. 2021 / July 1. 2021
Reason for Review: LFD
Criteria & Model Ordinance Reference
Community Regulation Citation & Federal
Regulation Reference
Section 1.0 - Statutory Authorization,
(Not mandatory to adopt section 1. 0)
Findings of Fact, Purpose, and Objectives
1.1 Statutory Authorization
The Legislature of the State of Washington has
15.27.100
Authority.
delegated the responsibility to local
communities to adopt floodplain management
regulations designed to promote the public
health, safety, and general welfare of its
citizenry. Therefore, the {Decision eking
ody} of {Community Name}, does ordain as
follows:
15.27.400
Flood Hazard Areas Established.
1.2 Findings of Fact
The flood hazard areas of {CommunityName)
are subject to periodic inundation, which may
result in loss of life and property, health and
safety hazards, disruption of commerce and
governmental services, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base, all of which
adversely affect the public health, safety, and
general welfare.
These flood losses may be caused by the
cumulative effect of obstructions in areas of
special flood hazards that increase flood
heights and velocities, and when inadvertently
anchored, damage uses in other areas. Uses
that are inadequately flood proofed, elevated,
or otherwise protected from flood damage also
contribute to the flood loss.
1.3 Statement of Purpose
It is the purpose of this ordinance to promote
the public health, safety, and general welfare;
reduce the annual cost of flood insurance; and
minimize public and private losses due to flood
conditions in specific areas by provisions
designed to:
15.27.120
Purpose.
1) Protect human life and health;
2) Minimize expenditure of public money
for costly flood control projects;
3) Minimize the need for rescue and relief
efforts associated with flooding and
generally undertaken at the expense of
the general public;
4) Minimize prolonged business
interruptions;
5) Minimize damage to public facilities and
utilities, such as water and gas mains;
electric, telephone, and sewer lines;
and streets and bridges located in flood
hazard areas;
6) Help maintain a stable tax base by
providing for the sound use and
development of flood hazard areas so
as to minimize blight areas caused by
flooding;
7) Notify potential buyers that the property
is in a Special Flood Hazard Area;
8) Notify those who occupy flood hazard
areas that they assume responsibility
for their actions; and
9) Participate in and maintain eligibility for
flood insurance and disaster relief.
1.4 Methods of Reducing Flood Losses
In order to accomplish its purposes, this
ordinance includes methods and provisions for:
1) Restricting or prohibiting development that
is dangerous to health, safety, and property
due to water or erosion hazards, or which
result in damaging increases in erosion or
in flood heights or velocities,
2) Requiring that development vulnerable to
floods be protected against flood damage at
the time of initial construction;
3) Controlling the alteration of natural
floodplains, stream channels, and natural
protective barriers, which help
accommodate or channel floodwaters;
4) Controlling filling, grading, dredging, and
other development, which may increase
flood damage; and
5) Preventing or regulating the construction of
flood barriers that unnaturally divert
floodwaters or may increase flood hazards
in other areas.
Section 2.0 — Definitions
44 CFR 59.
(Not mandatory to adopt al! definitions as
* shown)
Terms with one asterisk trigger a specific
minimum requirement and must be adopted.
15.27.200
Definitions generally.
*ALTERATION OF WATERCOURSE: ANY
ACTION THAT WILL CHANGE THE LOCATION OF
Added
THE CHANNEL OCCUPIED BY WATER WITHIN
THE BANKS OF ANY PORTION OF A RIVERINE
WATERBODY.
N
APPEAL: A request for a review of the
interpretation of any provision of this ordinance
or a request for a variance.
Added
*Area of shallow flooding: A designated zone
AO, AH, AR/AO or AR/AH (or VO) on a
community's Flood Insurance Rate Map (FIRM)
with a one percent or greater annual chance of
flooding to an average depth of one to three
feet where a clearly defined channel does not
exist, where the path of flooding is
unpredictable, and where velocity flow may be
evident. Such flooding is characterized by
ponding or sheet flow. Also referred to as the
sheet flow area.
Added
*Area of special flood hazard: The land in the
floodplain within a community subject to a 1
percent or greater chance of flooding in any
given year. It is shown on the Flood Insurance
Rate Map (FIRM) as zone A, AO, AH, Al-30,
AE, A99, AR (V, VO, V1-30, VE). "Special flood
hazard area" is synonymous in meaning with
the phrase "area of special flood hazard".
Added
ASCE 24: THE MOST RECENTLY PUBLISHED
VERSION OF ASCE 24, FLOOD RESISTANT
DESIGN AND CONSTRUCTION, PUBLISHED BY
y
THE AMERICAN SOCIETY OF CIVIL
ENGINEERS.
*BASE FLOOD: The flood having a 1% chance
of being equaled or exceeded in any given year
(also referred to as the "100-year flood").
Y
Y
*Base Flood Elevation (BFE): The elevation to
which floodwater is anticipated to rise during
the base flood.
N
*BASEMENT: Any area of the building having
its floor sub -grade (below ground level) on all
sides.
Building: See "Structure."
Building Code: The currently effective
versions of the International Building Code and
the International Residential Code adopted by
the State of Washington Building Code Council.
BREAKAWAY WALL: A wall that is not part of
the structural support of the building and is
intended through its design and construction to
collapse under specific lateral loading forces,
without causing damage to the elevated portion
of the building or supporting foundation system.
COASTAL HIGH HAZARD AREA: An area of
special flood hazard extending from offshore to
the inland limit of a primary frontal dune along
an open coast and any other area subject to
high velocity wave action from storms or
seismic sources. The area is designated on the
FIRM as zone V1-30, VE or V.
CRITICAL FACILITY: A facility for which even a
slight chance of flooding might be too great.
Critical facilities include (but are not limited to)
schools, nursing homes, hospitals, police, fire
and emergency response installations, and
installations which produce, use, or store
hazardous materials or hazardous waste.
*DEVELOPMENT: Any man-made change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of
equipment or materials located within the area
of special flood hazard.
Elevation Certificate: An administrative tool of
the National Flood Insurance Program (NFIP)
that can be used to provide elevation
information, to determine the proper insurance
premium rate, and to support a request for a
Letter of Map Amendment (LOMA) or Letter of
Map Revision based on fill (LOMR-F).
ELEVATED BUILDING: For insurance purposes,
a non -basement building that has its lowest
elevated floor raised above ground level by
foundation walls, shear walls, post, piers,
pilings, or columns.
N
N/A
N/A
Added
Added
Added
Added
Essential Facility: This term has the same
meaning as "Essential Facility" defined in ASCE
24. Table 1-1 in ASCE 24-14 further identifies
building occupancies that are essential
facilities.
EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION: A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed
(including, at a minimum, the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete
pads) is completed before the effective date of
the floodplain management regulations adopted
by the community.
EXPANSION TO AN EXISTING MANUFACTURED
HOME PARK OR SUBDIVISION: The
preparation of additional sites by the
construction of facilities for servicing the lots on
which the manufactured homes are to be
affixed (including the installation of utilities, the
construction of streets, and either final site
grading or the pouring of concrete pads).
Farmhouse: A single-family dwelling located
on a farm site where resulting agricultural
products are not produced for the primary
consumption or use by the occupants and the
farm owner.
*Flood or Flooding:
1) A general and temporary condition of
partial or complete inundation of normally
dry land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or
runoff of surface waters from any
source.
c) Mudslides (i.e., mudflows) which are
proximately caused by flooding as
defined in paragraph (1)(b) of this
definition and are akin to a river of liquid
and flowing mud on the surfaces of
normally dry land areas, as when earth
is carried by a current of water and
deposited along the path of the current.
2) The collapse or subsidence of land along
the shore of a lake or other body of water
as a result of erosion or undermining
Added
Added
Y-Revised
Added
caused by waves or currents of water
exceeding anticipated cyclical levels or
suddenly caused by an unusually high
water level in a natural body of water,
accompanied by a severe storm, or by an
unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable
event which results in flooding as defined in
paragraph (1)(a) of this definition.
*Flood elevation study: An examination,
evaluation and determination of flood hazards
and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or
flood -related erosion hazards. Also known as a
Flood Insurance Study (FIS).
*Flood Insurance Rate Map (FIRM): The
official map of a community, on which the
Federal Insurance Administrator has delineated
both the special hazard areas and the risk
premium zones applicable to the community. A
FIRM that has been made available digitally is
called a Digital Flood Insurance Rate Map
(DFIRM).
Flood Insurance Study: See "Flood Elevation
Study."
*Floodplain or flood -prone area: Any land
area susceptible to being inundated by water
from any source. See "Flood or flooding."
*Floodplain administrator: The community
official designated by title to administer and
enforce the floodplain management regulations.
Floodplain management regulations: Zoning
ordinances, subdivision regulations, building
codes, health regulations, special purpose
ordinances (such as floodplain ordinance,
grading ordinance and erosion control
ordinance) and other application of police
power. The term describes such state or local
regulations, in any combination thereof, which
provide standards for the purpose of flood
damage prevention and reduction.
*Floodproofing: Any combination of structural
and nonstructural additions, changes, or
adjustments to structures which reduce or
eliminate risk of flood damage to real estate or
improved real property, water and sanitary
facilities, structures, and their contents.
Y-Revised
Y-Revised
Y-Revised
Added
Added
Added
Added
Added
Floodproofed structures are those that have the
structural integrity and design to be impervious
to floodwater below the Base Flood Elevation.
*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 a designated
height. Also referred to as "Regulatory
Floodway."
*Functionally dependent use: A use which
cannot perform its intended purpose unless it is
located or carried out in close proximity to
water. The term includes only docking facilities,
port facilities that are necessary for the loading
and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not
include long-term storage or related
manufacturing facilities.
*Highest adjacent grade: The highest natural
elevation of the ground surface prior to
construction next to the proposed walls of a
structure.
*Historic structure: Any structure that is:
1) Listed individually in the National Register of
Historic Places (a listing maintained by the
Department of Interior) or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing on the National Register;
2) Certified or preliminarily determined by the
Secretary of the Interior as contributing to
the historical significance of a registered
historic district or a district preliminarily
determined by the Secretary to qualify as a
registered historic district;
3) Individually listed on a state inventory of
historic places in states with historic
preservation programs which have been
approved by the Secretary of Interior; or
4) Individually listed on a local inventory of
historic places in communities with historic
preservation programs that have been
certified either:
a) By an approved state program as
determined by the Secretary of the
Added
Added
Y-Revised
Interior, or
b) Directly by the Secretary of the Interior in
states without approved programs.
*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 non -elevation design requirements of
this ordinance (i.e. provided there are adequate
flood ventilation openings).
MANUFACTURED HOME: 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 attached to the required utilities. The term
"manufactured home" does not include a
"recreational vehicle."
MANUFACTURED HOME PARK OR
SUBDIVISION: A parcel (or contiguous parcels)
of land divided into two or more manufactured
home lots for rent or sale.
*Mean Sea Level: For purposes of the National
Flood Insurance Program, the vertical datum to
which Base Flood Elevations shown on a
community's Flood Insurance Rate Map are
referenced.
*New construction: For the purposes of
determining insurance rates, structures for
which the "start of construction" commenced on
or after the effective date of an initial Flood
Insurance Rate Map or after December 31,
1974, whichever is later, and includes any
subsequent improvements to such structures.
For floodplain management purposes, "new
construction" means structures for which the
"start of construction" commenced on or after
the effective date of a floodplain management
regulation adopted by a community and
includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR
SUBDIVISION: A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed
Added
Y-Revised
Added
Added
Added
(including at a minimum, the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete
pads) is completed on or after the effective date
of adopted floodplain management regulations
adopted by the community.
One -hundred -year flood or 100-year flood:
See "Base flood."
Reasonably Safe from Flooding:
Development that is designed and built to be
safe from flooding based on consideration of
current flood elevation studies, historical data,
high water marks and other reliable data known
to the community. In unnumbered A zones
where flood elevation information is not
available and cannot be obtained by practicable
means, reasonably safe from flooding means
that the lowest floor is at least two feet above
the Highest Adjacent Grade.
*Recreational Vehicle: A vehicle,
1) Built on a single chassis;
2) 400 square feet or less when measured at
the largest horizontal projection;
3) Designed to be self-propelled or
permanently towable by a light duty truck;
and
4) Designed primarily not for use as a
permanent dwelling but as temporary living
quarters for recreational, camping, travel, or
seasonal use.
*Start of construction: Includes substantial
improvement and means the date the building
permit was issued, provided the actual start of
construction, repair, reconstruction,
rehabilitation, addition, placement, or other
improvement was within 180 days from the date
of the permit. The actual start means either the
first placement of permanent construction of a
structure on a site, such as the pouring of slab
or footings, the installation of piles, the
construction of columns, or any work beyond
the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land
preparation, such as clearing, grading, and
filling; nor does it include the installation of
streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or
foundations or the erection of temporary forms;
nor does it include the installation on the
property of accessory buildings, such as
garages or sheds not occupied as dwelling
Y-Revised
Y-Revised
Added
Y-Revised
units or not part of the main structure. For a
substantial improvement, the actual start of
construction means the first alteration of any
wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects
the external dimensions of the building.
*Structure: For floodplain management
purposes, a walled and roofed building,
including a gas or liquid storage tank, that is
principally above ground, as well as a
manufactured home.
*SUBSTANTIAL DAMAGE: Damage of any
origin sustained by a structure whereby the cost
of restoring the structure to its before damaged
condition would equal or exceed 50 percent of
the market value of the structure before the
damage occurred.
*Substantial improvement: Any
reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which
equals or exceeds 50 percent of the market
value of the structure before the "start of
construction" of the improvement. This term
includes structures which have incurred
"substantial damage," regardless of the actual
repair work performed. The term does not,
however, include either:
1) Any project for improvement of a structure
to correct previously identified existing
violations of state or local health, sanitary,
or safety code specifications that have been
identified by the local code enforcement
official and that are the minimum necessary
to assure safe living conditions; or
2) Any alteration of a "historic structure,"
provided that the alteration will not preclude
the structure's continued designation as a
"historic structure."
*Variance: A grant of relief by a community
from the terms of a floodplain management
regulation.
Water surface elevation: The height, in
relation to the vertical datum utilized in the
applicable flood insurance study of floods of
various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
Y-Revised
Added
WATER DEPENDENT: A structure for
commerce or industry that cannot exist in any
other location and is dependent on the water by
reason of the intrinsic nature of its operations.
Section 3',0 — General Provisions
3.1 Lands to Which This Ordinance
Applies (44 CFR 59.22(a))
This ordinance shall apply to all special flood
hazard areas within the boundaries of
{Community Name}.
(44 CFR 59.22(a))
15.27 Part 4 Flood Hazard Areas
3.2 Basis for Establishing the Areas of
Special Flood Hazard
The special flood hazard areas identified by the
Federal Insurance Administrator in a scientific
and engineering report entitled "The Flood
Insurance Study (FIS) for {exact titie of
study}" dated {date}, and any revisions
thereto, with accompanying Flood Insurance
Rate Maps (FIRMs) dated {date}, and any
revisions thereto, are hereby adopted by
reference and declared to be a part of this
ordinance. The FIS and the FIRM are on file at
{community address}.
The best available information for flood hazard
area identification as outlined in Section 4.3-2
shall be the basis for regulation until a new
FIRM is issued that incorporates data utilized
under Section 4.3-2.
Mandatory (44 CFR 60.3 (preamble) and 44
CFR 60.2(h)). *In some communities, the
phrase `and any revisions thereto" is not
considered legally binding and should not be
adopted.
15.27.400 Flood hazard areas established.
Revised
3.3 Compliance
All development within special flood hazard
areas is subject to the terms of this ordinance
and other applicable regulations.
Mandatory (44 CFR 60.2(h))
15.27 Part 4 Flood Hazard Areas
3.4 Penalties For Noncompliance
No structure or land shall hereafter be
constructed, located, extended, converted, or
altered without full compliance with the terms of
this ordinance and other applicable regulations.
Violations of the provisions of this ordinance by
failure to comply with any of its requirements
(including violations of conditions and
safeguards established in connection with
conditions), shall constitute a misdemeanor.
Any person who violates this ordinance or fails
Mandatory (44 CFR 60.2(h))
15.27.405 Penalties for Noncompliance.
Revised
to comply with any of its requirements shall
upon conviction thereof be fined not more than
or imprisoned for not more than days,
_
or both, for each violation, and in addition shall
pay all costs and expenses involved in the
case. Nothing herein contained shall prevent
the from taking such other
lawful action as is necessary to prevent or
remedy any violation.
3.5 Abrogation and Greater Restrictions
This ordinance is not intended to repeal,
abrogate, or impair any existing easements,
covenants, or deed restrictions. However,
where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more
stringent restrictions shall prevail.
15.27.404 Interpretations
3.6 Interpretation
In the interpretation and application of this
ordinance, all provisions shall be:
1) Considered as minimum requirements;
2) Liberally construed in favor of the governing
body; and,
3) Deemed neither to limit nor repeal any
other powers granted under state statutes.
Recommended
(Not mandatory)
15.27.404 Interpretations
3.7 Warning and Disclaimer of Liability
The degree of flood protection required by this
ordinance is considered reasonable for
regulatory purposes and is based on scientific
and engineering considerations. Larger floods
can and will occur on rare occasions. Flood
heights may be increased by man-made or
natural causes. This ordinance does not imply
that land outside the areas of special flood
hazards or uses permitted within such areas will
be free from flooding or flood damages. This
ordinance shall not create liability on the part of
(Community Name}, any officer or employee
thereof, or the Federal Insurance
Administration, for any flood damages that
result from reliance on this ordinance or any
administrative decision lawfully made
hereunder.
Recommended
(Not mandatory)
15.27.406 Warning and disclaimer of
liability. Revised
3.8 Severability
This ordinance and the various parts
thereof are hereby declared to be
Mandatory (44 CFR 60.1(b))
The severability cause may be included in the
adopting ordinance and left uncodified.
severable. Should any Section of this
ordinance be declared by the courts to be
unconstitutional or invalid, such decision
shall not affect the validity of the ordinance
as a whole, or any portion thereof other
than the Section so declared to be
unconstitutional or invalid.
15.27.170 Severability.
Section 4.0 — Adrr
4.1 Establishment of Development
Permit
4.1-1 Development Permit Required
A development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in
Section 3.2. The permit shall be for all
structures including manufactured homes, as
set forth in the "Definitions," and for all
development including fill and other activities,
also as set forth in the "Definitions."
Mandatory (44 CFR 60.3(b)(1))
15.27.416 Permit -Required. Revised
4.1-2 Application for Development Permit
Application for a development permit shall be
made on forms furnished by the Floodplain
Administrator 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 recorded on a current elevation
certificate with Section B completed by the
Floodplain Administrator. 4- f
2) Elevation in relation to mean sea level to
which any structure has been flood proofed;
4- g
3) Where a structure is to be flood proofed,
certification by a registered professional
engineer or architect that the flood proofing
methods for any nonresidential structure
meet flood proofing criteria in Section 5.2-2;
5
4) Description of the extent to which a
watercourse will be altered or relocated as
a result of proposed development; 6
Note: The format of Section 4.1-2 is not
mandatory but the elevation information in
subsection 1 and information in subsections 2
through 7 is mandatory.
Elevation Certificates are not mandatory outside
of Community Rating System communities but
highly recommended.
15.27.417 Permit -Application. Revised
5) Where astructure ispmpn"edinoV.V130.
orVEzone, aVzone design certificate;
S) Where development isproposed ina
Uoodvvay.anengineering analysis
indicating norise ofthe Base Flood
Elevation; and
y) Any other such information that may bo
reasonably required bythe Hoodp|ain
Administrator in order to review the
application. 4-e
4.2 Designation of the F|oodp|ain
Administrator
The Oobtitle mfthe appropriate
administrative official) is hereby appointed to
administor, implement, and enforce this
ordinance bygranting ordenying development
permits inaccordance with its provisions. The
Hoodp|ainAdministrator may delegate authority
to implement these provisions.
Mandatory /44 CFR5&22(b)/tU
15'27'414 Designation ofthe F|uudploio
Administrator. Revised.
4.3 Duties &Responsibilities of the
F|oodp|minAdnninimtrmtor
Duties ofthe (Fkoodp/o/nAdministrator) shall
include, but not belimited to:
Mandatory, (44 CFR00.Y (b)
15-27,418 Permit -Review. Revised
4.3-1 Permit Review
Review all development permits todetermine
that
1) The permit requirements ofthis ordinance
have been satisfied; 1
2) All other required state and federal permits
have been obtained; 5
3) The site isreasonably safe from flooding; O
4) The proposed development ianot located in
theOnndvvay. If located in thef|oodway.
assure the encroachment provisions of
Section 5.4-1 are met. 2
5) Notify FEK4Awhen annexations occur inthe
Special Flood Hazard Area. 7
6) Notify FEK4Aofchanges tothe base flood
elevation within six months ofwhen
technical information ufsuch changes
becomes available. Such notification shall
include technical orscientific information. 8
Mandatory, (44 QFR68Y (b)
15.27.418 Pormub'Ropimw.Rmvimmd
4.3-2 Use ofOther Base Flood Data (|n A
and Zones)
When base flood elevation data has not been
provided (in AnrVzones) inaccordance with
Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OFSPECIAL FLOOD HAZARD, the
Mandatory
/44CFR00.3(b)(4))
15.27.410 Use ofAvailable Data. Revised
Floodplain Administrator 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 5.2, SPECIFIC STANDARDS, and 5.4
FLOODWAYS.
4.3-3 Information to be Obtained and
Maintained
1) Where base flood elevation data is provided
through the FIS, FIRM, or required as in Section
4.3-2, obtain and maintain a record of the actual
(as -built) 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.
it Dpcumentption the elevation „f the bottom „f
Required, verbatim
(44 CFR 60.3 (b)(5))
(44 CFR 60.3(b)(5)(i) and (iii))
(44 CFR 60.3(e)(2))
(44 CFR 60.3(b)(5)(i) and (iii))
(44 CFR 60.3(b)(5)(ii))
(44 CFR 60.3(b)(5)(iii))
(44 CFR 60.3(d)(3))
(44 CFR 60.6(a)(6))
(44 CFR 60.3(b)(5)(iii))
15.27.437 Information to be obtained and
maintained. Added
of
the lowest horizontal in V
structural member or
VE zones.
3) For all new or substantially improved flood
proofed nonresidential structures where base
flood elevation data is provided through the FIS,
FIRM, or as required in Section 4.3-2:
a) Obtain and maintain a record of the
elevation (in relation to mean sea level) to
which the structure was flood proofed.
b) Maintain the flood proofing certifications
required in Section 4.1-2(3).
4) Certification required by Section 5.4.1 for the
numbering system used by the community,'
(floodway encroachments).
5) Records of all variance actions, including
justification for their issuance.
6) Improvement and damage calculations.
7) Maintain for public inspection all records
pertaining to the provisions of this ordinance.
4.3-4 Notification to Other Entities
Whenever a watercourse is to be altered or
relocated:
1) Notify adjacent communities and the
Department of Ecology prior to such
alteration or relocation of a watercourse, and
submit evidence of such notification to the
Federal Insurance Administrator through
appropriate notification means, and
2) Assure that the flood carrying capacity of the
altered or relocated portion of said
watercourse is maintained.
Mandatory
(44CFR 60.3(b)(6))
(44CFR 60.3(b)(7))
15.27.509(L) Revised
4.3-5 Interpretation of FIRM Boundaries
Make interpretations where needed, as to
exact location of the boundaries of the areas of
special flood hazards (e.g. where there
appears to be a conflict between a mapped
boundary and actual field conditions). The
person contesting the location of the boundary
shall be given a reasonable opportunity to
appeal the interpretation. Such appeals shall
be granted consistent with the standards of
Section 60.6 of the Rules and Regulations of
the NFIP.
(44 CFR 59-76)
(This section is not required, but if the Local
Administrators are performing this task on a
regular basis, it should be adopted.)
4.3-6 Review of Building Permits
Where elevation data is not available, either
through the FIS, FIRM, or from another
authoritative source (Section 4.3-2),
applications for floodplain development shall
be reviewed to assure that proposed
construction will be reasonably safe from
flooding. The test of reasonableness is a local
judgment and includes use of historical data,
high water marks, photographs of past
flooding, etc., where available.
(Failure to elevate habitable buildings at least
two feet above the highest adjacent grade in
these zones may result in higher insurance
rates.)
15.27.427(C)
Mandatory
(44 CFR 60.3(a)(3))
Section 5.0 — Provisions forFlood Hazard
Reduction
(Section 5.0 is required)
5.1 General Standards
15.27.407 General Standards
In all areas of special flood hazards, the
following standards are required:
5.1-1 Anchoring
Mandatory
1) All new construction and substantial
(44 CFR 60.3(a)(b))
improvements, including those related
(44 CFR 60.3(a)(3)(i))
to manufactured homes, shall be
(44 CFR 60.3(b)(8))
anchored to prevent flotation, collapse,
or lateral movement of the structure
For more detailed information, refer to guidebook,
FEMA-85, "Manufactured Home Installation in Flood
resulting from hydrodynamic and
hydrostatic loads including the effects
of buoyancy.
Hazard Areas."
PROTECTION STANDARDS
2) All manufactured homes shall be
anchored to prevent flotation, collapse,
or lateral movement, and shall be
installed using methods and practices
15.27.407(A) Revised
that minimize flood damage. Anchoring
methods may include, but are not
limited to, use of over -the -top or frame
ties to ground anchors. b
5.1-2 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-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.
Mandatory
(44 CFR 60.3(a)(3)(ii-iv))
PROTECTION STANDARDS
15.27.407(B)
5.1-3 Storage of Materials and Equipment
1) The storage or processing of materials that
could be injurious to human, animal, or
plant life if released due to damage from
flooding is prohibited in special flood hazard
areas.
2) Storage of other material or equipment may
be allowed if not subject to damage by
floods and if firmly anchored to prevent
flotation, or if readily removable from the
area within the time available after flood
warning.
(recommended)
15.27.407(H) Added
5.1-4 Utilities
1) All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of floodwaters into the
systems;
2) Water wells shall be located on high ground
that is not in the floodway;*
3) New and replacement sanitary sewage
systems shall be designed to minimize or
eliminate infiltration of floodwaters into the
systems and discharges from the systems
into floodwaters;
4) Onsite waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
Mandatory
(44 CFR 60.3(a)(5)(6))
WAC 173-160-171 prohibits new water wells in
floodways.
15.27.407(E)
6.1-5 Subdivision Proposals and
Development
All subdivisions, aswell asnew development
shall:
1) Boconsistent with the need tominimize
flood damage;
2) Have public utilities and facilities, such aa
oewer, gao, a|oothoa|, and water systems
located and constructed tominimize or
eliminate flood damage;
3) Have adequate drainage provided to
reduce exposure toflood damage.
4) Where subdivision proposals and other
proposed developments contain greater
than 5Ulots orbacres (whichever iathe
lesser) base flood elevation data shall ba
included aapart ufthe application.
Mandatory
15.27.407(F) Revised
5.2 Specific Standards
|nall areas ofspecial flood hazards where base
flood elevation data has been provided aoset
forth in Section 3.2, BASIS FOR ESTABLISHING
THE AREAS OFSPECIAL FLOOD HAZARD, ur
Section 4.3-2.USE OFOTHER BASE FLOOD DATA.
The following provisions are required:
6.24 Residential Construction
1) |nAEand Al-30zones nrother Azoned
areas where the BFEhas been determined
orcan bereasonably obtained, new
construction and substantial improvement
ofany residential structure shall have the
lowest floor, including basement, elevated
one foot ormore above the BFE.
Mechanical equipment and utilities shall bo
waterproof orelevated least one foot above
the BFE. (a)
2) New construction and substantial
improvement of any residential structure in
anADzone shall meet the requirements in
Appendix A.(added d)
3) New construction and substantial
improvement ufany residential structure in
anUnnumbered Azone for which aBFEis
not available and cannot bereasonably
obtained shall bereasonably safe from
flooding, but inall cases the lowest floor
shall baatleast two feet above the Highest
Adjacent Grade. (added e)
4) New construction and substantial
improvement ofany residential structure in
Mandatory
(44CfR083(c)(1)U
(Additional standards were clarified /nFEA4A
Technical Bulletin 11-01 tnallow below -grade
omwlspoomconstruction for buildings located in the
special flood hazard areas. However, the standards
/h//'01must bespecifically adopted, and adopting
them can result /nu20%increase /n flood insurance
premiums.)
15'27'400 Specific Standards
Mandatory
(44 CFR683(c)(2) and (5))
(44CFR683(c)(7))
(44CFR00.38d(2U
/44CFR683AeU
/44CFR00.3(c)(5)
1527.408(A) Residential Construction. Revised
a V, V1-30, or VE zone shall meet the
requirements in Appendix B. NIA
5) Fully enclosed areas below the lowest floor
that are subject to flooding are prohibited,
or shall be designed to automatically
equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of
floodwaters. Designs must meet or exceed
the following minimum criteria: (b)
a) Have a minimum of two openings with a
total net area of not less than one
square inch for every square foot of
enclosed area subject to flooding.
b) The bottom of all openings shall be no
higher than one foot above grade.
c) Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that they
permit the automatic entry and exit of
floodwater.
d) A garage attached to a residential
structure, constructed with the garage
floor slab below the BFE, must be
designed to allow for the automatic
entry and exit of floodwaters.
Alternatively, a registered engineer or architect
may design and certify engineered openings.
5.2-2 Nonresidential Construction
Mandatory
(44 CFR 60.3(c)(3) and (4))
New construction and substantial improvement
of any commercial, industrial or other
15.27.408(B) Nonresidential Construction.
nonresidential structure shall meet the
requirements of subsection 1 or 2, below.
Revised
1) New construction and substantial
improvement of any commercial, industrial or
other nonresidential structure shall meet all
of the following requirements:
a) In AE and A1-30 zones or other A zoned
areas where the BFE has been
determined or can be reasonably
obtained:
New construction and substantial
improvement of any commercial,
industrial, or other nonresidential
structure shall have the lowest floor,
including basement, elevated one foot or
more above the BFE, or elevated as
required by ASCE 24, whichever is
greater. Mechanical equipment and
utilities shall be waterproofed or elevated
least one foot above the BFE, or as
required by ASCE 24, whichever is
greater.
b) If located in an AO zone, the structure
shall meet the requirements inAppendix
A.
o) |flocated inanUnnumbered /\ zone for
which a BFEia not available and cannot
boreasonably obtained, the structure
shall boreasonably safe from flooding,
but inall cases the lowest floor shall buat
least two feet above the Highest Adjacent
Grade. e
d) |flocated inaV.V1'3U.orVEzone, the
structure shall meet the requirements in
AppendixB.
e) Fully enclosed areas below the lowest
floor that are subject ioflooding are
prohibited, orshall bedesigned to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for the
entry and exit offloodwaters. Designs for
meeting this requirement must either be
certified by registered professional
engineer orarchitect or must meet or
exceed the following minimum criteria:
i) Have aminimum uftwo openings
with atota| net area ofnot less than
one square inch for every square foot
ofenclosed area subject toflooding.
ii) The bottom ofall openings shall be
nohigher than one foot above grade.
iii)Openings may beequipped with
screens, louvers, valves, nrother
coverings nrdevices provided that
they permit the automatic entry and
exit offloodwater.
iv) Agarage attached toaresidential
atruotuna, constructed with the garage
floor slab below the BFE.must be
designed to allow for the automatic
entry and exit offloodwaters.
A|hornahvo|y, a registered engineer or
architect may design and certify
engineered openings. d
2) If the requirements of subsection 1 are not
met, then new construction and substantial
improvement ufany commercial, industrial
or other nonresidential structure shall meet
all ofthe following requirements:
a) Bedry flood proofed sothat below one
foot ormore above the base flood level
the structure is watertight with walls
substantially impermeable tothe
passage ofwater ordry flood proofed to
the elevation required byASCE 24,
whichever iagreater; neq, rev
b) Have structural components capable of
resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; ok
c) Be certified by a registered professional
engineer or architect that the design and
methods of construction are in
accordance with accepted standards of
practice for meeting provisions of this
subsection based on their development
and/or review of the structural design,
specifications and plans. Such
certifications shall be provided to the
official as set forth in Section 4.3-3(2); ok
d) Nonresidential structures that are
elevated, not flood proofed, must meet
the same standards for space below the
lowest floor as described in 5.2-1(2); ok
(Applicants who are flood proofing
nonresidential buildings shall be notified
that flood insurance premiums will be based
on rates that are one foot below the flood
proofed level (e.g. a building flood proofed
to the base flood level will be rated as one
foot below). Flood proofing the building an
additional foot will reduce insurance
premiums.)
5.2-3 Manufactured Homes
Mandatory
(44 CFR 60.3(c)(6)(12))
1) All manufactured homes to be placed or
substantially improved on sites shall be
elevated on a permanent foundation such
that the lowest floor of the manufactured
home is elevated one foot or more above
15.27.408(C) Manufactured Homes. Revised
(* if this phrase is applied to all manufactured
the base flood elevation and be securely
homes in the floodplain, then the remaining
anchored to an adequately anchored
foundation system to resist flotation,
collapse and lateral movement*.
verbiage is not necessary to adopt.)
This applies to manufactured homes:
a) Outside of a manufactured home park or
subdivision,
b) In a new manufactured home park or
subdivision,
c) In an expansion to an existing
manufactured home park or
subdivision, or
d) In an existing manufactured home park
or subdivision on a site which a
manufactured home has incurred
"substantial damage" as the result of a
flood; and
2) Manufactured homes to be placed or
substantially improved on sites in an
existing manufactured home park or
subdivision that are not subject to the
above manufactured home provisions be
elevated so that either:
a) The lowest floor of the manufactured
home is elevated one foot or more*
b) The manufactured home chassis is
supported by reinforced piers or other
foundation elements of at least
equivalent strength that are no less than
36 inches in height above grade and be
securely anchored to an adequately
anchored foundation system to resist
flotation, collapse, and lateral
movement.
5.2-4 Recreational Vehicles
Recreational vehicles placed on sites are
required to either:
1) Be on the site for fewer than 180 days, or
2) Be fully licensed and ready for highway
use, on wheels or jacking system, attached
to the site only by quick disconnect type
utilities and security devices, and have no
permanently attached additions; or
3) Meet the requirements of 5.2-3, above.
15.27.408(D)
Mandatory
(44 CFR 60.3(c)(14))
Recreational Vehicles
5.2-5 Enclosed Area Below the Lowest Floor
If buildings or manufactured homes are
constructed or substantially improved with fully
enclosed areas below the lowest floor, the
areas shall be used solely for parking of
vehicles, building access, or storage.
15.27.408(E)
Floor. Added
(44 CFR 60.3(c)(5))
Enclosed Area Below The Lowest
5.2-6 Appurtenant Structures (Detached
Garages & Small Storage Structures)
For A Zones (A, AE, A1-30, AH, AO):
1) Appurtenant structures used solely for parking of
vehicles or limited storage may be constructed
such that the floor is below the BFE, provided the
structure is designed and constructed in
accordance with the following requirements:
a) Use of the appurtenant structure must be
limited to parking of vehicles or limited
storage;
b) The portions of the appurtenant structure
located below the BFE must be built using
flood resistant materials;
c) The appurtenant structure must be
adequately anchored to prevent flotation,
collapse, and lateral movement;
15.27.408(F)
Recommended
Appurtenant Structures. Added
d) Any machinery or equipment servicing the
appurtenant structure must be elevated or
flood proofed to or above the BFE;
e) The appurtenant structure must comply with
floodway encroachment provisions in
Section 5.4-1;
f) The appurtenant structure must be designed
to allow for the automatic entry and exit of
floodwaters in accordance with Section 5.2-
1(5).
g) The structure shall have low damage
potential, and
h) If the structure is converted to another use, it
must be brought into full compliance with
the standards governing such use.
i) The structure shall not be used for human
habitation.
2) Detached garages, storage structures, and other
appurtenant structures not meeting the above
standards must be constructed in accordance
with all applicable standards in Section 5.2-1.
3) Upon completion of the structure, certification
that the requirement of this section have been
satisfied shall be provided to the Floodplain
Administrator for verification.
5.3 AE and A1-30 Zones with Base Flood
Elevations but No Floodways
In areas with BFEs (when a regulatory floodway has
not been designated), no new construction,
substantial improvements, or other development
(including fill) shall be permitted within zones A1-
30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the
proposed development, when combined with all
other existing and anticipated development, will not
increase the water surface elevation of the base flood
more than one foot at any point within the
community.
Mandatory
(44 CFR 60.3(c)(10))
15.27.408(G) Added
5.4 Floodways
Located within areas of special flood hazard
established in Section 3.2 are areas designated
as floodways. Since the floodway is an
extremely hazardous area due to the velocity of
floodwaters that can carry debris, and increase
erosion potential, the following provisions apply:
(Note the more restrictive language for
floodway development per RCW 86.16)
5.4-1 No Rise Standard
Prohibit encroachments, including fill, new
construction, substantial improvements, and
other development, unless certification by a
registered professional engineer is provided
(44 CFR 60.3(d)(3))
15.27.410(B) Revised
demonstrating through hydrologic and hydraulic
analyses performed in accordance with
standard engineering practice that the
proposed encroachment would not result in any
increase in flood levels during the occurrence of
the base flood discharge.
5.4-2 Residential Construction in
Mandatory
Floodways
(RCW 86.16.041)
However, subsections 1 and 2 can be
Construction or reconstruction of residential
structures is prohibited within designated
floodways*, except for (i) repairs,
reconstruction, or improvements to a structure
which do not increase the ground floor area;
and (ii) repairs, reconstruction or improvements
to a structure, the cost of which does not
exceed 50 percent of the market value of the
structure either, (A) before the repair, or
reconstruction is started, or (B) if the structure
has been damaged, and is being restored,
before the damage occurred. Any project for
improvement of a structure to correct existing
violations of state or local health, sanitary, or
safety code specifications which have been
identified by the local code enforcement official
and which are the minimum necessary to
assure safe living conditions, or to structures
identified as historic places, may be excluded in
the 50 percent.
eliminated at local option.
15.27.412(J) Added
1) Replacement of Farmhouses in Floodway
Repairs, reconstruction, replacement, or
improvements to existing farmhouse
structures located in designated floodways
and that are located on lands designated as
agricultural lands of long-term commercial
significance under RCW 36.70A.170 may
be permitted subject to the following:
a) The new farmhouse is a replacement for
an existing farmhouse on the same farm
site;
b) There is no potential building site for a
replacement farmhouse on the same
farm outside the designated floodway;
c) Repairs, reconstruction, or
improvements to a farmhouse shall not
increase the total square footage of
encroachment of the existing farmhouse;
d) A replacement farmhouse shall not
exceed the total square footage of
encroachment of the farmhouse it is
replacing;
e) A farmhouse being replaced shall be
removed, in its entirety, including
foundation, from the floodway within
ninety days after occupancy of a new
farmhouse;
f) For substantial improvements and
replacement farmhouses, the elevation
of the lowest floor of the improvement
and farmhouse respectively, including
basement, is a minimum of one foot
higher than the BFE;
g) New and replacement water supply
systems are designed to eliminate or
minimize infiltration of floodwaters into
the system;
h) New and replacement sanitary sewerage
systems are designed and located to
eliminate or minimize infiltration of
floodwater into the system and
discharge from the system into the
floodwaters; and
i) All other utilities and connections to
public utilities are designed, constructed,
and located to eliminate or minimize
flood damage.
2) Substantially Damaged Residences in
Floodway
a) For all substantially damaged residential
structures, other than farmhouses,
located in a designated floodway, the
Floodplain Administrator may make a
written request that the Department of
Ecology assess the risk of harm to life
and property posed by the specific
conditions of the floodway. Based on
analysis of depth, velocity, flood -related
erosion, channel migration, debris load
potential, and flood warning capability,
the Department of Ecology may exercise
best professional judgment in
recommending to the local permitting
authority repair, replacement, or
relocation of a substantially damaged
structure consistent with WAC 173-158-
076. The property owner shall be
responsible for submitting to the local
government and the Department of
Ecology any information necessary to
complete the assessment. Without a
favorable recommendation from the
department for the repair or replacement
of a substantially damaged residential
structure located in the regulatory
floodway, no repair or replacement is
allowed per WAC 173-158-070(1).
b) Before the repair, replacement, or
reconstruction is started, all
requirements of the NFIP, the state
requirements adopted pursuant to 86.16
RCW, and all applicable local
regulations must be satisfied. In addition,
the following conditions must be met:
i) There is no potential safe building
location for the replacement
residential structure on the same
property outside the regulatory
floodway.
ii) A replacement residential structure
is a residential structure built as a
substitute for a legally existing
residential structure of equivalent
use and size.
iii) Repairs, reconstruction, or
replacement of a residential
structure shall not increase the total
square footage of floodway
encroachment.
iv) The elevation of the lowest floor of
the substantially damaged or
replacement residential structure is
a minimum of one foot higher than
the BFE.
v) New and replacement water supply
systems are designed to eliminate
or minimize infiltration of floodwater
into the system.
vi) New and replacement sanitary
sewerage systems are designed
and located to eliminate or
minimize infiltration of floodwater
into the system and discharge from
the system into the floodwaters.
vii) All other utilities and connections to
public utilities are designed,
constructed, and located to
eliminate or minimize flood
damage.
5.4-3 All Other Building Standards Apply
in the Floodway
Mandatory (44 CFR 60.3(d)(1-4)
15.27.412(E) Added
If Section 5.4-1 is satisfied or construction is
allowed pursuant to Section 5.4-2, all new
construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Section 5.0, Provision
For Flood Hazard Reduction.
5.5 General Requirements for Other
(Optional Provision)
Development
All development, including manmade changes
to improved or unimproved real estate for which
specific provisions are not specified in this
ordinance or the state building codes with
adopted amendments and any {community
name} amendments, shall:
1) Be located and constructed to minimize
flood damage;
2) Meet the encroachment limitations of this
ordinance if located in a regulatory
floodway;
3) Be anchored to prevent flotation, collapse,
or lateral movement resulting from
hydrostatic loads, including the effects of
buoyancy, during conditions of the design
flood;
4) Be constructed of flood damage -resistant
materials;
5) Meet the flood opening requirements of
Section 5.2-1(5), and
6) Have mechanical, plumbing, and electrical
systems above the design flood elevation or
meet the requirements of ASCE 24, except
that minimum electric service required to
address life safety and electric code
requirements is permitted below the design
flood elevation provided it conforms to the
provisions of the electrical part of building
code for wet locations.
5.6 Critical Facility
(Optional Provision)
Construction of new critical facilities shall be, to
the extent possible, located outside the limits of
the SFHA (100-year floodplain). Construction of
new critical facilities shall be permissible within
the SFHA if no feasible alternative site is
available. Critical facilities constructed within
the SFHA shall have the lowest floor elevated
three feet above BFE or to the height of the
15.27.407(1)
Added
500-year flood, whichever is higher. Access to
and from the critical facility should also be
protected to the height utilized above. Flood
proofing and sealing measures must be taken
to ensure that toxic substances will not be
displaced by or released into floodwaters.
Access routes elevated to or above the level of
the BFE shall be provided to all critical facilities
to the extent possible.
5.7 Livestock Sanctuary Areas
Elevated areas for the for the purpose of
creating a flood sanctuary for livestock are
allowed on farm units where livestock is
allowed. Livestock flood sanctuaries shall be
sized appropriately for the expected number of
livestock and be elevated sufficiently to protect
livestock. Proposals for livestock flood
sanctuaries shall meet all procedural and
substantive requirements of this chapter.
Note: To be "elevated sufficiently to protect
livestock" typically means to be elevated at least one
foot above the BFE.
Required by RCW 86.16.190. This section
should be included by all counties. A city that
does not allow livestock can forgo this section.
While state law requires that local governments
make provision for critter pads, it is extremely
important to note that RCW 86.16.190 does not
relax NFIP standards, including the no rise
standard in floodways, in any way.
15.27.407(J) Added
Section 6.0 - Variances
Recommended
The variance criteria set forth in this section of
the ordinance are based on the general
15.27 Part Four — Article VII Flood Hazard
principle of zoning law that variances pertain to
a piece of property and are not personal in
nature. A variance may be granted for a parcel
of property with physical characteristics so
unusual that complying with the requirements of
this ordinance would create an exceptional
hardship to the applicant or the surrounding
property owners. The characteristics must be
unique to the property and not be shared by
adjacent parcels. The unique characteristic
must pertain to the land itself, not to the
structure, its inhabitants, or the property
owners.
Variances
It is the duty of the { overnin body} to help
protect its citizens from flooding. This need is
so compelling and the implications of the cost of
insuring a structure built below the Base Flood
Elevation are so serious that variances from the
flood elevation or from other requirements in
the flood ordinance are quite rare. The long-
term goal of preventing and reducing flood loss
and damage can only be met if variances are
strictly limited. Therefore, the variance
guidelines provided in this ordinance are more
detailed and contain multiple provisions that
must be met before a variance can be properly
granted. The criteria are designed to screen out
those situations in which alternatives other than
a variance are more appropriate.
6.1
Requirements for Variances
Recommended. However, any variance
provisions need to meet the standards in 44
1)
Variances shall only be issued:
a) Upon a determination that the granting
of a variance will not result in increased
CFR 60.6
flood heights, additional threats to
15.27.431 Conditions for Authorization.
public safety, extraordinary public
expense, create nuisances, cause fraud
on or victimization of the public, or
conflict with existing local laws or
ordinances; 5
b) For the repair, rehabilitation, or
restoration of historic structures upon a
determination that the proposed repair
or rehabilitation will not preclude the
structure's continued designation as a
historic structure and the variance is the
minimum necessary to preserve the
historic character and design of the
structure; 6
c) Upon a determination that the variance
is the minimum necessary, considering
the flood hazard, to afford relief; 3
d) Upon a showing of good and sufficient
cause; 7
e) Upon a determination that failure to
grant the variance would result in
exceptional hardship to the applicant; 4
f) Upon a showing that the use cannot
perform its intended purpose unless it is
located or carried out in close proximity
to water. This includes only facilities
defined in Section 2.0 {or the
numbering system used by the
community} of this ordinance in the
definition of "Functionally Dependent
Revised
Use." 8
2)
Variances shall not be issued within any
floodway if any increase in flood levels
during the base flood discharge would
result. 9
3)
Generally, variances may be issued 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 BFE, provided the procedures of
Sections 4.0 and 5.0 {or the numbering
system used by the community} of this
ordinance have been fully considered. As
the lot size increases beyond one-half acre,
the technical justification required for
issuing the variance increases. Partially 1
6.2 Variance Criteria
1) In considering variance applications, the
{Governing ody} shall consider all
technical evaluations, all relevant factors,
all 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 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
comprehensive plan and floodplain
management program for that area;
i) The safety of access to the property in time
of flood for ordinary and emergency
vehicles;
j) The expected heights, velocity, duration,
rate of rise, and sediment transport of the
floodwaters 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, water system, and streets and
bridges.
Recommended. However, any variance
provisions need to meet the standards in 44
CFR 60.6
15.27.430 Variance Criteria. Revised
6.3 Additional Requirements for the
Recommended. However, any variance
Issuance of a Variance
provisions need to meet the standards in 44
CFR 60.6
1) Any applicant to whom a variance is
granted shall be given written notice
15.27.431(J) Additional Requirements for the
over the signature of a community
official that:
Issuance of a Variance. Added
a. The issuance of a variance to
construct a structure below the
BFE will result in increased
premium rates for flood
insurance up to amounts as
high as $25 for $100 of
insurance coverage, and
b. Such construction below the
BFE increases risks to life and
property.
2) The Floodplain Administrator shall
maintain a record of all variance
actions, including justification for
their issuance.
3) The Floodplain Administrator shall
condition the variance as needed to
ensure that the requirements and
criteria of this chapter are met.
Variances as interpreted in the NFIP 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 flood
elevations should be quite rare.
APPENDIX A - STANDARDS FOR SHALLOW
FLOODING AREAS (AO ZONES)
(44 CFR 603(c)7, 8 and 11)
(Optional Provision)
Shallow flooding areas appear on FIRMs as AO
44 CFR 60.3(c)(7)
zones with depth designations. The base flood
44 CFR 60.3(c)(8)
depths in these zones range from 1 to 3 feet
44 CFR 60.3(c)(8)(ii)
above ground 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 addition to other provisions in
this code, the following additional provisions
also apply in AO zones:
44 CFR 60.3(c)(11)
15.27.408(H) Added
1. New construction and substantial
improvements of residential structures and
manufactured homes within AO zones shall
have the lowest floor (including basement
and mechanical equipment) elevated above
the highest adjacent grade to the structure,
one foot or more above* the depth number
specified in feet on the community's FIRM
(at least two feet above the highest
adjacent grade to the structure if no depth
number is specified).
2. New construction and substantial
improvements of nonresidential structures
within AO zones shall either:
a. Have the lowest floor (including
basement) elevated above the highest
adjacent grade of the building site, one
foot or more 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 flood
proofed 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 buoyancy. If this
method is used, compliance shall be
certified by a registered professional
engineer, or architect as in section 5.2-
2(c).
3. Require adequate drainage paths around
structures on slopes to guide floodwaters
around and away from proposed structures.
4. Recreational vehicles placed on sites within
AO zones on the community's FIRM either:
a. Be on the site for fewer than 180
consecutive days, or
b. Be fully licensed and ready for highway
use, on its wheels or jacking system, is
attached to the site only by quick
disconnect type utilities and security
devices, and has no permanently
attached additions; or
c. Meet the requirements of subsections
(1) and (3) above and the anchoring
requirements for manufactured homes
(Section 5.1-1(2)).
APPENDIX B - STANDARDS FOR COASTAL
HIGH HAZARD AREAS (V ZONES)
44 CFR 60.3(e)(2 — 8)
Located within areas of special flood hazard
(Optional Provision)
established in Section 3.2 are Coastal High
44 CFR 60.3(e)(4)
Hazard Areas, designated as zones V1-30, VE,
and/or V. These areas have special flood
hazards associated with high velocity waters
44 CFR 60.3(e)(4)(i)
44 CFR 60.3()
44CFR 60.3(e)(2)
surges and, therefore, in addition to
44 CFR 60.3(e)(3)
44 CFR 60.3(e)(5)
)
meeting all provisions in this ordinance, the
44 CFR 60.3(e)(5)(i)
following provisions shall also apply:
44 CFR 60.3(e)(6)
1. All new construction and substantial
44 CFR 60.3(e)(7)
improvements in zones V1-30 and VE (V if
44 CFR 60.3(e)(8)(i-iv)
base flood elevation data is available) on
the community's FIRM shall be elevated on
pilings and columns so that:
a) Elevation:
N/A
44 CFR 60.3(e)(9)(i-iii)
i) Residential Buildings
The bottom of the lowest
horizontal structural member of the
lowest floor (excluding the pilings
or columns) is elevated one foot or
more above the base flood level.
ii) Nonresidential buildings
The bottom of the lowest
horizontal structural member of the
lowest floor (excluding the pilings
or columns) is elevated one foot or
more above the base flood level or
meets the elevation requirements
of ASCE 24, whichever is higher;
and
b) The pile or column foundation and
structure attached thereto is anchored
to resist flotation, collapse and lateral
movement due to the effects of wind
and water loads acting simultaneously
on all building components. Wind and
water loading values shall each have a
one percent chance of being equaled or
exceeded in any given year (100-year
mean recurrence interval).
A registered professional engineer or
architect shall develop or review the
structural design, specifications and plans
for the construction, and shall certify that
the design and methods of construction to
be used are in accordance with accepted
standards of practice for meeting the
provisions of subsections (1)(a)(i) and
(2)(a)(ii).
2. Obtain the elevation (in relation to mean
sea level) of the bottom of the lowest
structural member of the lowest floor
(excluding pilings and columns) of all new
and substantially improved structures in
zones V1-30, VE, and Von the
community's FIRM and whether or not such
structures contain a basement. The
(Floodplain Administrator) shall maintain a
record of all such information.
3. All new construction within zones V1-30,
VE, and V on the community's FIRM shall
be located landward of the reach of mean
high tide.
4. Provide that all new construction and
substantial improvements within zones V1-
30, VE, and V on the community's FIRM
have the space below the lowest floor either
free of obstruction or constructed with non -
supporting breakaway walls, open wood
lattice -work, or insect screening intended to
collapse under wind and water loads
without causing collapse, displacement, or
other structural damage to the elevated
portion of the building or supporting
foundation system. For the purposes of this
section, a breakaway wall shall have a
design safe loading resistance of not less
than 10 and no more than 20 pounds per
square foot. Use of breakaway walls which
exceed a design safe loading resistance of
20 pounds per square foot (either by design
or when so required by local or state codes)
may be permitted only if a registered
professional engineer or architect certifies
that the design proposed meets the
following conditions:
a) Breakaway wall collapse shall result
from water load less than that which
would occur during the base flood; and
b) The elevated portion of the building and
supporting foundation system shall not
be subject to collapse, displacement, or
other structural damage due to the
effects of wind and water loads acting
simultaneously on all building
components (structural and non-
structural). Maximum wind and water
loading values to be used in this
determination shall each have a one
percent chance of being equaled or
exceeded in any given year (100-year
mean recurrence interval).
If breakaway walls are utilized, such
enclosed space shall be useable solely for
parking of vehicles, building access, or
storage. Such space shall not be used for
human habitation.
5. Prohibit the use of fill for structural support
of buildings within zones V1-30, VE, and V
on the community's FIRM.
6. Prohibit man-made alteration of sand dunes
within zones V1-30, VE, and V on the
community's FIRM which would increase
potential flood damage.
7. All manufactured homes to be placed or
substantially improved within zones V1-30,
V, and VE on the community's FIRM on
sites:
a) Outside of a manufactured home park
or subdivision,
b) In a new manufactured home park or
subdivision,
c) In an expansion to an existing
manufactured home park or
subdivision, or
d) In an existing manufactured home park
or subdivision on which a manufactured
home has incurred "substantial
damage" as the result of a flood; shall
meet the standards of paragraphs (1)
through (6) of this section and
manufactured homes placed m
substantially improved onother sites in
an existing manufactured home park or
subdivision within zones V1-30.V.and
VEonthe FIRM shall meet the
requirements of Section 5.2-3.
8. Recreational vehicles placed on aibaa within
VorVEzones onthe community's FIRM
shall either:
a) Boonthe site for fewer than 188
consecutive days, or
b) Bofully licensed and ready for highway
use, onits wheels orjacking system,
attached hothe site only byquick
disconnect type utilities and security
devices, and have nopermanently
attached additions; or
C) Meet the requirements of
subsections (1)and (3)above and
the anchoring requirements for
manufactured homes (Section 5.1'
Chuptmrl5.27
CRITICAL AREAS*
Part Two. Definitions
152I200 Definitions generally.
Definitions listed in Part Two of this chapter shall be applied to the regulation, review, and administration of all
critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard
administration, in which case the definition only applies to that situation.
"Alteration of watercourse" means any action that will change the location of the channel occupied by water within
the banks *fany portion ofarivoincwnterhody.
"Area of shallow flooding" is a clesignated zone AO, AH, AR/AO or AR/AH on a coininunitv's Flood Insurance
Rate Ma
FIRM) with a one
urumnrgreater annual chance offlooding muuaverage dcodhv[one wthree feet
where xclearly defined channel does not exist, where dupndbofflooding (uuupu� d*nd unpredictable, and
muvbcevident. Such Ko^dnaiocharacterized bvomzdozorvhcotOo"v. Also referred mavthe sheet flow area.
"Area of special flood hazard" is the land inthe Ooodpainwithin acommunity subject mo] percent nrgreater
chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A. AO, AH, A
O.&E A99 AR. `'8oc6u|flood hazard area" isxvovuvmouoinmraoinowith the nb, oc^aro/ofxoo6u|Ovvd
hazard".
-ASCE 24" is the most recently published version of ASCE 24, Flood Resistant Design and Construction, published
"Critical Facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities
include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations,
and installations which produce, use, or store hazardous materials or hazardous waste.
"Elevated Building" means, for insurance purposes, a non -basement building that has its lowest elevated floor
seal above round level by foundation walls, shear walls, post, piers, oilin s, or columns.
"Elevation Certificate" means an administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information to determine the proper insurance premium rate, and to support a reducs
of Map Amendment (E()MA) or I etter of Map Revisi
based on
1
R-F
"Essential Facility" this term has the same meaning as "Essential Facility" defined in ASCE 24. Table I -I in ASCE
24-14 further identifies buildine occupancies that are essential facilities.
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
ini num, the installation of utilities, the construction of streets, and either final site rg ading or the pouring of
concrete pads) is completed before the effective date ofthe floodplain management regulations adopted b he
community.
"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streetsand either final site eradine or the nourine of concrete pads)
"Flood or Flooding " means_
I) a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters
b. tThe unusual and rapid accumulation o-For runoff of surface waters from any source.
c. Mudslides (i.e. mudflows) which are proximately caused boodine as defined in paragraph
no
b) of this definition and are akin to a river of liquid and flowing fnud on the surfaces of
malls dry land areas, as when earth is carried by a current of water and deposited alone
he
path of the current.
2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused
by an unusually high water level in a natural body of watcr, accompanied by a severe storm, or by an
unan
and unforeseeable event which results in flooding as defined in paragraph (I )(a) of this definition.
"Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate
corres
ondine water surface elevations, or an examination, evaluation and determination ofmudslide (i.e
mudflow) and/or flood -related erosion hazards. Also known as a Flood Insurance Study (FIS).
"Flood insurance rate map (FIRM)" means the official map on which the Federal gency "anagement ^may
Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM),
"Flood insurance study"
see
"Flood Elevation Study."
"Floodplain or flood -prone area" means
Any land area
susceptible to being inundated by water from any source. See "Flood or flooding."
"Floodolain Adininistrator" is the coniniunitv official designated bv title to administer and enforce the floodplain
management regulations.
^HonJp|uinmanagement regulations" mcmnxzoning n,dinuncco subdivision regu(minnx`building codes, hcuhh
regulations, spu6o|purpose ordinances (
ordinance) and other annfication of police Power. The term describes such state or local regulations, in anv
combination thereof, which provide standards for the purpose of flood darnage prevention and reduction.
"Floodproofing," rnearis any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or e
facilities. s
of flood darnage to rea
ctures, and their contents. F
oodoroofedo
ctures are those tha
design to be impervious to floodwater below the Base Flood Elevation.
flood damages to lands, watef or wastewateF treatment t�aeilities, stidetures and contents of buildings,
roved rea
water and sanitar
mcgr
^^Floodvoy`means the regular channel o[ariver, stream, coother watercourse, plus the adjacent land areas that
must bcreserved inorder to discharge the base flood without cumulatively increasing the water surface o|ongioo
more than one 6noudesignated height.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried
'includes
out in close proximitv to water. The term
loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include
long-term storage orrelated manufacturing facilities.
"Hi�hcmadjacent grade" mcuxathe highest natural elevation of the cxtoconstruction next wthe
Proposed walls o[ustructure.
"Hiomrica/ruuoo^m/anaonyutruuurc/hu/is:
5) Listed Individually in the National Register of Historic Places (a listing maintained by the Department of
Interior) nrnrJimina,|vdetermined bvthe Sccnurvn[the Interior uomeeting the muuiomcntsfor
individual listing nnthe National Kcuiote,:
6) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a rc�_)istcrcd historic district or a district preliminarilv determined bv the Secretary to Clualify as a
c��a�odhiowr�dim�u;
7) Individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved bythe Secretary of|ntuior�or
'^KJnn 8cu Lcvc|~mnanx, kvouronsno of the National Hood Insurance Program. the vertical dammwwhich Dvoo
Flood Elevations shown 000community's Flood inavnmcz Rate Map are referenced.
"Now construction," for purposes of administering Part Four of this chapter and for the Purposes ofdocrinining
insurance rates, structures for which the "start of construction" commenced on or after the effective date of the
initial Flood Insurance Rater Map or after December 3 1, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodolain management purposes, "new construction" means structures for
which the "start of construction" COMMenced on or after the effective date of a floodplain management regulation
"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the
construction offacilities for ocrvioin�du)moonv6ichUhcnmou�c/urmjhomes mrmheudixod(including a/a
concrete pads) is completed on or after the effective date of adopted floodplain management regulations adopted by
the coi uni
"One -hundred -year -flood or 100-year flood" See "Base flood'
"Reasonably Safe from Flooding" means development that is designed and built to be safe from flooding based on
consideration of current flood elevation studies, historical data, high water marks and other reliable data known to
the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained
racticable means reasona safe from floodin means that the lowest floor is at least two feet above the
Hihest Adiacent Grade.
"Start of construction," for purposes of administering Part Four, 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 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
ofpipespiles, 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 the excavation
for a basement, footings, piers or foundations, or the erection oftemporary forms nor does it include -of the erection
installation of temporary accessory buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or structural part of a building, whether or not that alteration affects the external dimensions of
the building.
"Structure" means anything constructed or erected, which requires location on the ground, or attached to something
having a location on the ground, but not including fences or walls used as fences less than six feet in height, and
including gas or liquid storage tanks when located aboveground. Fo u oses of administerin = Part Four means a
walled and roofed building. including a gas or liquid storage tank, that is
manufactured home,
rinci all
above =round as well as a
"Substantial improvement," for purposes of administering Part Four, means any repair, reconstruction, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the
structure eitherbefore the -start of construction" of the improvement:. This term includes structures which have
incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include
either:
I. Before the improvement or repair is started,
1. Any project for improvement to a structure to cctpgioujyicicntiflcjcompIy with existing violations
of state or local health, sanitary or safety code specifications that have been identified by the local code
enforcement official and that which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of H istoric Places or a state inventory of
historic places."historic structure," provided that the alteration will not preclude the structure's continued
designation as a "historic structure."
"Variance" means a grant of relief by a community from the terms of a floodplain management regulation.
"Water surface elevation" means the height, in relation to vertical datum utilized in the applicable flood insurance
stud o oods of various rraenitudes and freauencies in the flood is of coas a or riverine areas.
B. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or
clearing, unless within a Special Flood Hazard Area. Examples include painting, trim or facing replacement,
reroofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, wasteways, etc., is not considered
additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers;
C. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education
or scientific research;
D. Creation of private trails that are less than two feet wide that do not cross streams or wetlands and do not
involve placement of fill or grubbing of vegetation, unless within a Special Flood Hazard Area;
E. Maintenance and normal work of the greenway pathway and grounds;
F. Planting of native vegetation;
G. Noxious weed control outside vegetative buffers identified in YMC 15.27.511; and
H. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not
meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:
1. Hand removal/spraying of individual plants or other acceptable method approved by the administrative
official;
2. No area -wide vegetation removal/grubbing.
15.27.304 Documented exemption Procedural requirements.
The following development activities are exempt from standard development permits when located outside of the
Special Flood Hazard Arca,
YMC 15.27.103. Exemption from this chapter shall follow subsection (F)(1) of this section, and does not under any
circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage
to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored,
rehabilitated, or replaced at the responsible party's expense, according to YMC 15.27.521.
15.27.305 Documented exemptions for fish and wildlife habitat conservation areas and wetlands.
The following development activities are exempt from standard development permits when located outside the
Special Flood I lazard Area,
YMC 15 27.403:
K. A public or private project to improve fish or wildlife habitat or fish passage °111 a shoreline waterbody, if:
1. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.18 I (Fish Habitat
LK. Hazardous substance remedial actions pursuant to RCW Chapter 70.105D (Model Toxics Control Act);
ML. The removal of trees which are hazardous, posing a threat to public safety, or posing an imminent risk of
damage to private or public property, from critical areas and their buffers.
Part Four. Flood Hazard Areas
Article I. Flood Hazard Areas General Provisions
15.27.400 Flood hazard areas established.
The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering
report entitled. "The Flood insurance Study for Yakima County, Washington and Incorporated Areas" dated October
21, 2021, and any revisions thereto, once Study for
with accompanying Flood Insurance Rate Maps
(FIRMs), and any a e a, v *revisions thereto are herebyfa
adopted by reference and declared to be part of Part Four of the city of Yakima's Critical Areas Ordinance. The
Flood Insurance Study and F1RMsmaps are on file at 129 N 2" Street, 2" `1 Floor, Yakima,
Washington, 98901.
15.27.401 Principles.
Part Four recognizes the right and need of river and stream channels to periodically carry more than the normal flow
of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures
consistent with the degree of flood hazard. In advancing the above principles, the intent of Part Four is:
A. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood -
prone land;
B. To meet the minimum requirements of the National Flood Insurance Program; and
C. To implement state and federal flood protection programs.
15.27.402 Applicability.
The guidelines and regulations set forth herein and in YMC Title 11 and related building codes shall apply to all
special flood hazard areas.
A. The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard
area;
B. Flood hazard permits shall be approved by the city of Yakima. Approval shall only be granted in accordance
with Part Four of this chapter and other applicable local, state, and federal regulations;
C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be
submitted to the department for approval; and
D. The granting of a permit for any development or use does not constitute a representation, guarantee or warranty
of any kind or nature by the city of Yakima, or its employees, of the practicality or safety of any structure or
proposed use, and shall not create liability upon or cause action against the above -mentioned body, or employee, for
any damage that may result.
state inventory of historic places;
tick the
15.27.404 Interpretations.
A. In the interpretation and application of Part Four of this chapter, the provisions shall be considered as minimum
requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed neither to
limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a
supplement to provisions of Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14,
Subdivisions; and this title, Yakima Urban Area Zoning Ordinance. YMC 15.27.400 through 15.27.436 are not
intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these
ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall
prevail.
B. In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict
between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the
standards of the National Flood Insurance Program Section 60.6 (See 44 CFR 59, et seq., and IBC Section 104.1).
15.27.405 Penalties for Noncompliance.
No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full
compliance with the terms of Part Four of this chapter and other applicable regulations. Violations of the provisions
of this ordinance by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this
ordinance orfails to comply with any of its requirements shall upon conviction thereof be fined not more than five
hundred dollars or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the City of Yakima from taking such
other lawful action as is necessary to prevent or remedy any violation.
15.27.406 Warning and disclaimer of liability.
The degree of flood protection required by Part Four of this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. Part Four does not imply that land outside the area of
special flood hazards or permitted uses within such area will not be subject to flooding or flood damage. This
ordinance shall not create liability on the part of the City of Yakima, any officer or employee thereof, or the Federal
Insurance Administrator, for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
Article IL Flood Hazard Protection Standards
15.27.407 General standards.
The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24
CFR Part 3280:
A. Anchoring and Construction Techniques. All new construction and substantial improvements includin those
related to manufactured homes, mustshall fikc;ise be anchored to prevent flotation, collapse or lateral movement of
structure resulting from hydrodynamic and hydrostatic loads including the effects of buo anc , 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. (For additional information please refer to
guidebook, FEMA-85.) Anchoring shall meet the specifications set forth below for structures located within one
hundred feet of a floodway or the ordinary high water mark if no floodway has been established.
B. 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 and substantial improvements shall be constructed using methods and practices that minimize
flood damage.
3. 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 the conditions of flooding.
C. All new construction and any improvements or additions to existing floodproofed structures that would extend
beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the
ordinary high water mark if no floodway has been established shall be elevated to a height equal to one foot or
greater than the base flood, using zero -rise methods such as piers, posts, columns, or other methodology, unless it
can be demonstrated that non -zero -rise construction methods will not impede the movement of floodwater or
displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall
be designed to penetrate bearing soil, and be sufficiently anchored, as specified above in subsections A and B of this
section, provided therefrom, if the original building permit required a floodproofing certificate, then the
floodproofin certificate must be updated. Also provided theref omg if anart of the proiect is in a flood he
floodway standards in this code still apply.
D. Except where otherwise authorized, all new construction and substantial improvements to existing structures
shall require certification by a registered professional engineer, architect or surveyor that the design and construction
standards are in accordance with adopted floodproofing techniques.
E. Utilities.
1. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
on -site waste disposal systems shall be located to avoid impairment to them or contamination from them during
flooding.
2. Water wells shall be located on high ground that is not in the floodway.
F. Subdivision Proposals and development. All Ssubdivision proposals, as well as new development shall:
1. Be consistent with the need to minimize flood damage;
2. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage;
3. Have adequate drainage provided to reduce exposure to flood damage;
4. Include base flood elevation data; and
5. In the cases where base flood elevation is not available and the subdivision proposal and other
development is greater than five acres or fifty lots1 ichever is lesser), a step -back water analysis shall be
required to generate the base flood elevation data.
oscd
G. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of any watercourse
shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the
department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development.
H. Storage of Materials and Equipment.
e storaee orocessine of materi
could be iniurious to human, animal, or plant life if released due
to dai
;ial flood hazard areas
2. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly
anchored to prevent floatation, or if readily removable from the area within the time available after flood
warning.
I. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits
of the SENA (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no
feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor
elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from thc
critical facility should also be protected to thc height utilized above. Flood roofinc, and scaling measures must be
taken to ensure that toxic substances will not be displaced b or released into floodwaters. Access routes elevated to
or above the level of the BFE shall be provided to all critical facilities to the extent possible.
J. Livestock Sanctuary Areas. Elevated areas for the purpose of creating a flood sanctuary for livestock are
allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the
expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood
sanctuaries shall meet allgaroecdural and substantive requirements of this chapter. To be "elevated sufficiently to
protect livestock" typically means to be elevated at lease one foot above the BFE.
15.27.408 Specific standards.
In all special flood hazard areas where base elevation data has been provided as set forth in YMC 15.27.400, the
following regulations shall apply, in addition to the general standards of YMC 15.27.407:
A. Residential Construction. (See IRC Section 323.2.)
1. In AE and Al-30 zones or other A zones where the BFE has been determined or can be reasonably
obtained, Nnew construction and substantial improvement of any residential structure shall have the lowest
floor, including basement, elevated at n nn one foot or more above the BFE
Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.
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 walls by allowing for the entry and exit of
floodwaters. 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 provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they
permit the automatic entry and exit of floodwaters.
d A garage attached to a residential structure constructed with the garage floor slab below the BEE„ roust
be des to all for the entry and exit of floodwaters.
3. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no
floodway has been established, shall also meet the requirements of YMC 15.27.407(C).
4. New construction and substantial improvement of any residential structure in an AO zone shall meet the
requirements in Section 15.27.408(H).
5. New construction and substantial improvement of any residential structure in an Unnumbered A zone for
which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding but in
all cases thc lowest floor shall be at least two feet above the Highest Adjacent Grade.
B. Nonresidential Construction (44 CFR 60.3(C)(3) and (4)). New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement,
lava �a ^terh�bu;^^ameet the standards in subsection (A) of this section; or,
together with attendant utility and sanitary facilities, shall:
1. Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight
with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by
ASCE 24, whichever is greater;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
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 set forth in Section 15.27.437; and
4. Nonresidential structures that arc elevated, not floodproofed, must meet the same standards for space
below the lowest floor as described in subsection (A)(2) of this section.
5. If located in an Unnumbered A zone for which a BET is not available and cannot be reasonably obtained,
thc structure shall bc reasonably safe from flooding, but in all cases the lowest floor shall bc at least two feet
above the H i The st Adiacent Grade,
C. Manufactured Homes. All Mmanufactured homes to be placed or substantially improved on sites shall be
elevated on a permanent foundation such that the lowest floor is elevated one foot or more above the base flood
elevation, and shall be securely anchored to an adequatelyanchored foundation systemo resist flotation collapse
and lateral movement in accordance with subsection (A) of this section.
64.
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than one hundred eighty consecutive days;
2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by
quick -disconnect -type utilities and security devices, and have no permanently attached additions; or
3. Meet the anchoring requirements of subsection C of this section.
E. Enclosed Area Below the Lowest Floor. If buildin t or -nanufactured homes are constructed or substantial
improved with fully enclosed areas below the lowest floor, the areas shall be used so1e1yf,jr1KinGofveijjc1cs
building access, or storage.
F. Appurtenant Structure (Detached Garages & Small Storage Structures) For A Zones (A, AE, A1-30, Aft AO):
A urtenant structures used sold ftr arkin tf vehicles or lited stora be constr icted such that
the floor is below thc BFE, provided the structure is designed and constructed in accordance with the following
requirements:
se of the arrnu
lure must be Iimited to narkin of vehicles or limited s ora te:
b. The �ortions of the appurtenant structure located belowBFE mustbe built usii
materials:
c. The a
be adequatelyanchored to orevent flotation colla se and lateral
movement;
d. Any machine
or above the BEE;
e. The a
cci U
nt scrvicin
urtenant structure rnust co
e annu
nant ructure rnust be elevated or flood nroofed to
ith the floodwav encroachment °visions in Section
15.27.411(B);
f. The appurtenant structure must bc designed to allow for the automatic entry and cxit of floodwaters in
accordance with Section 15.27.408 A 2
g. Thc structure shall have low damage potential;
h. If the structure is converted to another use, it must he brought into full compliance with the standards
governing such use, and,
i. The structure shall not bc used for human habitation.
2. Detached a es, storaee structuues. and other atataurtcnant structures not nice tine the above standards
must be constructed in accordance w
applicable standards in Section 15,27.408(A)(1).
3Upon completion of the stnrcture, certification that the requirements of this section have been satisfied shall
be provided to the Floodplain Administrator for verification.
G. AE and Al-30 Zones with Base Flood Elevations but No Floodways. In areas with BFEs (when a regulatory
floodway has not been desiunated), no new construction, substantial improvements, or other development (including
fill shall be permitted within zones AI-30 and AE on the community's FIRM, unless it is demonstrated that the
cumulative effect of the imposed development when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one foot at anoint within the community
H. Standards for Shallow Floodine Areas (AO Zones Shallow floodine areas aeat on FIRMS as AO zones
detrth desicnations. The base flood deaths in these zones range from 1 to 3
defined channel does not exist, or where th
0
ve ground where a clearl
is unrrredictable and where veloci
ow may be
evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this code, the
following additional provisions shall apply in AO zones:
1. New construction and substantial improvements of residential structures and manufactured homes within
AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the
highest adjacent grade to the structure, one foot or more above* the depth number specified in feet on the
community's FIRM (at least two feet above the hi=hest adjacent grade to the structure if no depth number is
specified).
2. New construction and substantial improvements of nonresidential structures within AO zones shall either:
a. Have the lowest floor (including basementl elevated above the highest adiacent grade of the
building site, one toot or more 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, bc completely flood proofed 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 buovancy. If this method is used, compliance shall be certified by a roistered professional
en *ineer, or architect as in Section 15.27.408(Bl(5
e adequate drainace oaths around structures on sl
ride floodwaters around and away fro
proposed stnrctures.
4. Recreational vehicles placed on sites within AO zones on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days, or
b. Be full licensed and ready for hi ihwav useon its wheels or acki system, is attached to the site
e utilities and secu
attached additions: or
Meet the requirements of subsections (1 and 3) above and the anchor in
manufactured homes (Section 15.27.407(B),
Article III. Floodway Fringe Uses
15.27.409 Permitted uses.
The following uses are permitted in the floodway fringe areas:
ecru
reme
is for
A. Permitted Uses. Any use peiinitted in the zoning district in accordance with this title, unless prohibited by
YMC 15.27.410; provided, that said use is in compliance with the flood hazard protection standards of YMC
15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the
floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B).
B. All new encroachments, including fill, new construction and other development, if certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of
all similar potential encroachments shall not materially cause water to be diverted upland of the established
floodway fringe, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or
result in any increase in flood levels during the occurrence of the base flood discharge;
C. All new encroachments, including fill, new construction and other development, if:l. The new
encroachment is separated from the waterbody by an existing public ro5adway or legal development.
2. The new encroachment is located in a residential zone with a density of greater than 1 unit per acre.
D. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with this title and where
not otherwise inconsistent with Part Four of this chapter; except that when the primary purpose of such a
transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such
transmission line shall conform to the following:
1. Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct
route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they
shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed.
2. Buried utility transmission lines transporting hazardous materials, including but not limited to crude and
refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be
maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel
migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of
YMC 15.27.411(C)(3).
3. Beyond the maximum extent of potential channel migration, utility transmission lines transporting
hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features.
4. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for
the transportation of nonhazardous materials. In such cases, applicants must demonstrate that line placement
will have no appreciable effect upon flood depth, velocity or passage. Such lines shall be adequately protected
from flood damage.
5. Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other
control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other
alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally
preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances,
aboveground structures shall be located so that no appreciable effect upon flood depth, velocity or passage is
created, and shall be adequately floodproofed.
E. Any use permitted in the zoning district in accordance with this title, unless prohibited by YMC 15.27.410, that
is unable to adhere to the standards contained in YMC 15.27.409(A-D) above may be permitted if a critical areas
report is prepared by a qualified professional, in accordance with YMC 15.27.314, that addresses whether the
encroachment would have an adverse impact on fish and wildlife and/or floodplain functions.
15.27.410 Prohibited uses.
The following uses are prohibited in the floodway fringe areas:
A. Any structure, including manufactured homes and the expansion of manufactured home/parks, designed for or to
be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130
and 15.04.140) that does not meet the criteria in YMC 15.27.409(A-E);
B. Any encroachments, including fill, new construction, substantial improvements, and other development, unless
certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice that the effect of the subject encroachment
together with the cumulative effects of all similar potential encroachments shall not materially cause water to be
diverted upland of the established floodway fringe, cause erosion, obstruct the natural flow of water, reduce the
carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood
discharge;
C. Construction or reconstruction of residential structures within the designated floodway fringe, except for:
1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of
the assessed value of the structure either:
a. Before the repair, reconstruction or improvement is started; or
b. If the structure has been damaged and is being restored, before the damage occurred.
3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to
structures identified as historic places, shall not be included in the fifty percent.
4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of Part Four.
Article IV. Floodway Uses
15.27.411 Permitted uses.
The following uses are permitted in the floodway fringe areas:
A. Any use permitted in the zoning district in accordance with this title; provided, that said use is in compliance
with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this
chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment
provisions of YMC 15.27.412(B). Permitted uses include:
B. All new encroachments, including fill, new construction and other development, if certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of
all similar potential encroachments shall not materially cause water to be diverted from the established floodway,
cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any
increase in flood levels during the occurrence of the base flood discharge;
C. Surface mining; provided, that the applicant can provide clear evidence that such uses will not divert flood
flows causing channel -shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas,
increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties.
When allowed, such removal shall comply with the provisions of this title;
D. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of
such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as
opposed to serving customers within a floodway, such transmission lines shall conform to the following:
1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to
paralleling floodways;
2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or
beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to
avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed;
3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not
limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below
the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial
depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential
channel migration as determined by hydrologic analyses. In the event potential channel migration extends
beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall
also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall
assume the conditions of a one -hundred -year frequency flood as verified by the U.S. Army Corps of Engineers,
and shall include on -site investigations and consideration of historical meander characteristics in addition to
other pertinent facts and data;
4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting
hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features;
and
5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for
the transportation of nonhazardous materials where an existing or new bridge or other structure is available and
capable of supporting the line. When located on existing or new bridges or other structures with elevations
below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and
protected from flood debris. In such instances, site -specific conditions and flood damage potential shall dictate
placement, design and protection throughout the floodway. Applicants must demonstrate that such
aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be
adequately protected from flood damage. If the transmission line is to be buried except at the waterway
crossing, burial specifications shall be determined as in subsection (C)(3) of this section;
E. Construction or reconstruction of residential structures only as authorized in YMC 15.27.412(E);
F. Improvements to existing residential structures that are not substantial improvements per YMC 15.27.200,
provided the improvement complies with the requirement set forth in YMC 15.27.412(B);
G. Water -dependent utilities and other installations which by their very nature must be in the floodway. Examples
of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream
crossings or wetlands; flood control and/or hydroelectric production; water diversion structures and facilities for
water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities;
hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices;
provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of
the proposal; and provided further, that the proposal is consistent with other provisions of this chapter. In all
instances of locating utilities and other installations in floodway locations, project design must incorporate
floodproofing and otherwise comply with subsection C of this section; and,
H. Roads and bridges, subject to the regulations of subsections (D)(1) through (5) of this section.
15.27.412 Prohibited uses.
The following uses/developments are prohibited in the floodway:
A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent
nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140);
B. Any encroachments, including fill, new construction, substantial improvements, and other development, unless
certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice that the effect of the subject encroachment
together with the cumulative effects of all similar potential encroachments shall not materially cause water to be
diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying
capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge;
C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other
control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities
where necessary;
D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official
designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified
one -hundred -year flood event;
E. All other building standards apply in the floodway. If section 15,27.410(B) is satisfied or construction is allowed
pursuant to 15.27.412(J), all new construction and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Part Four --- Flood Hazard Areas.Construction or reconstruction of residential
Repairs, reconstruction, or improvements to a structurc which do not m
mnnrov
started; or
4. If subsection B of this s
be inclu
ction is satisfied, all ne
construction and substantial improvements shall comply with
F. The construction or storage of any object subject to flotation or movement during flood level periods;
G. The following uses, due to their high degree of incompatibility with the purpose of establishing and
maintaining a functional floodway, are specifically prohibited:
1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream
Corridor, and Part Six, Wetlands;
2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and
3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels
during the occurrence of the base flood discharge (see YMC 15.27.509).
H. The construction of new dikes.
I. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory
construction that any use not permitted is prohibited.
J. Residential Construction in Floodways. Construction or reconstruction of residential structures is prohibited
within designated floodways*, exce tp for (i) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area. and repairs, reconstruction or improvements to a structure, the cost of which does
not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or
(B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or to strictures identified as historic places, may he excluded in the 50
percent.
15.27.413 Nonconforming uses and facilities.
A. Within the special flood hazard areas established by this chapter or amendments thereto, there may exist
structures and uses of land and structures which were lawful before these sections were adopted or amended, but
which would be prohibited or restricted under the terms of Part Four of this chapter or future amendment.
B. It is the intent of YMC Chapter 15.19 to permit these lawful preexisting nonconformities to continue until they
are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance
thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter.
Article V. Flood Hazard Protection Administration
15.27.414 Designation of the Floodplain Administratorio-n.
The administrative official is vested with the duty of administering the rules and regulations relating to flood hazard
protection in accordance with the provisions of Part Four and may prepare and require the use of such forms as are
essential to such administration.
15.27.415 Authority.
Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance
with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal
regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the
critical areas ordinance.
15.27.416 Permit Required.
Prior to any development within a special flood hazard arca, a flood hazard permit shall be obtained. The permit
shall be for all structures including manufacttired homes, as set forth in "Definitions," and for all development
including fill and other activities, also set forth in the "Definitions." This permit may be in addition to the critical
area development authorization as set forth in Part Three of this chapter.
15.27.417 Permit —Application.
All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee
as specified in YMC Title 11, using the forms supplied. The application shall not be considered complete until the
following minimum information is provided as identified below and in YMC 15.11.050:
A. Name, address and telephone number of applicant and property owner if different;
B. Project description and taxation parcel identification number;
C. Name of the stream or body of water associated with the floodplain in which the development is proposed; and
D. Site plan map drawn to an engineering scale showing:
1. Actual dimensions and shape of the parcel to be built on;
2. Sizes and location of existing structures on the parcel;
3. Location and dimensions of the proposed development, structure or alteration;
4. Location, volume and type of any proposed fill;
5. The application shall include other information as may be required by the administrative official to clarify
the application for the enforcement of Part Four of this chapter;-
6. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, and
evation in relation to mean sea level to which any structure has been floodnroofed.
E. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the
floodroofin methods for any nonresidential structure meet tloodrrrootin criteria in Section 15.09,408(Bl
F. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
G. Where develonrnent is nroosed in a floodwava an eneineerine analysis indica
he Base Flood
Elevation.
15.27.418 Permit Review.
Duties and Responsibilities of the Floodplain Administrator-1
limited to reviewinged all development permits to determine:
shall include, but not be
A. Thate the elevation, -an# floodproofing, and other requirements of Part Four of this chapter have been satisfied;
B. The proposed development's location in relation to the floodway and any encroachments, YMC 15.27.412(B);
C. Alteration or relocation of a watercourse;
D. That the proposed development is a permitted use under Part Four of this chapter and YMC Title 15; and
E. That all necessary permits have been obtained from those federal, state or local governmental agencies from
which prior approval is required.
F. That
G. No
oodi
A when annexations occur in the Snecial 1^lood Hazard Area.
H. No FNMA of changes to the base flood elevation within six months of when technical information of such
changes becomes available. Such notification shall include technical or scientific information.
15.27.419 Use of available data.
When base flood elevation data has not been provided (in A zones) in accordance with YMC 15.27.400, Flood
hazard areas established, the Floodplain Administrator€+ty 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 YMC 15.27.408,
15.27.412, and Chapter 15.25.
15.27.420 Limitations.
Permits issued on the basis of plans and applications approved by the administrative official authorize only the use,
arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or
construction. Use, arrangement or construction at variance with that authorized is a violation of Part Four and
punishable as provided by YMC Chapter 15.25.
15.27.421 Permit —Expiration and cancellation.
If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof,
the permit shall expire and be canceled by the administrative official.
15.27.422 Performance bonds.
A. The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall
be completed in accordance with approvals under Part Four of this chapter. Bonds, if required, shall be furnished by
the property owner or other person or agent in control of the property.
B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount
equal to that which would be required in the surety bond.
15.27.423 Appeals.
The decision to grant, grant with conditions, or deny a flood hazard pen -nit shall be final and conclusive unless the
applicant appeals the decision pursuant to the procedure established for appeals in Part Three.
15.27.424 Coordination.
Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance
with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal
regulations has been demonstrated and the proposal is found to be consistent with the purpose of this chapter.
Article VI. Elevation and Floodproofing Certification
15.27.425 Applicability.
Certification for elevation and floodproofing shall be required only for the new construction or substantial
improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard
area.
15.27.426 Certification form.
The form of the elevation and floodproofing certificate shall be specified by the administrative official and shall be
generally consistent with that required by FEMA for the administration of the National Flood Insurance Program.
15.27.427 Information to be obtained and maintained.
The elevation and floodproofing certificate shall verify the following flood hazard protection information:
A. 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;
B. The actual elevation (in relation to mean sea level) of floodproofing of all new or substantially improved
nonresidential floodproofed structures; and
C. Where a base flood elevation has not been established according to YMC 15.27.400, or where elevation data is
not available either through the flood insurance study, FIRM, or from another authoritative source, applications for
building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The
test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past
flooding, etc., where available.
15.27.428 Certification responsibility.
The project proponent shall be responsible for providing required certification data to the administrative official
prior to the applicable construction inspection specified in the certification form. All elevation and floodproofing
data specified in YMC 15.27.427 must be obtained and certified by a registered professional engineer, architect, or
surveyor. The elevation and floodproofing certification shall be permanently maintained by the administrative
official.
Article VH. Flood Hazard Variances
15.27.429 Procedure.
Any person seeking a variance from the requirements of Part Four authorized under YMC 15.27.430 shall make
such request in writing to the planning department on the forms they supply. Upon receipt of a completed
application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners
of adjacent property within twenty-eight days of the receipt of a completed application and payment of fees. The
notice shall solicit written comment on the variance request and specify a time period not less than twenty days from
the date of mailing, during which written comments may be received and considered. The notice shall also state that
copies of the administrative official's final decision will be mailed upon request. The administrative official may
also solicit comments from any other person or public agency he or she feels may be affected by the proposal.
15.27.430 Variance Criteria.
A. [n considerinc Vvariances applications the City of Yakima shall consider all technical evaluations, all relevant
factors. all standards specified in other sections of this Ordinance, and
1. The danger that materials may he s
nds to
2. The danger to life and property due to flooding or erosion d
floodproofing; . s
3. The susceptibility of the proposed facility and its contents to flood damage and the of
on the individual owner
dama
4. The importance of the services provided h the posed facility to the co
The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion
damage;
e con of the
o osed use with exis
ne and anticipated develonme
8. The relationship of the proposed use to the comprehensive elan and floodolain manaeement proLrain fo
that area;
of access to the
0
el
flood.
or ordina
and e
er encv vehicles:
10. The expected hci hts, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at
the site; and,
11. 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, water system, and streets and bridges.
B. Variances shall not be considered for any procedural or informational requirements or use prohibitions of Part
Four of this chapter.
15.27.431 Conditions for authorization.
Before a variance to the provisions of Part Four may be authorized, it shall be shown that:
A. There are special circumstances applicable to the subject property or to the intended use, such as size,
topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone;
B. The granting of such variance will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in which the subject property is located;
C. Such a variance is the minimum necessary, considering the flood hazard, to afford relief;
D. Failure to grant the variance would result in exceptional hardship to the applicant; and
E. The granting of such a variance will not result in:
1. Increased flood heights;
2. Additional threats to public safety;
3. Creation of nuisances;
4. Extraordinary public expense; or
5. Conflicts with other existing local laws or ordinances.
F. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair
or rehabilitation will no1j preclude the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
U on a showingof ,00d and sufficient cause.
H. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close
proximityto water. This includes only facilities defined in Section 15,27.200 of this Ordinance in the definition of
-Functional! De endent Use."
I. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge
would result,
J. Additional Requirements for the Issuance of a Variance.
. Any applicant to whom a Variance is granted shall be given written notice over the signature of a
community official that:
a, The issuance of a Variance to construct a structure below the BFE will result in increased premium
rates for flood insurance u to amounts as hi ,h as $25 for $100 of insurance covera and
b. Such construction below the BFE increases risks to life and property.
2. The Flood lain Administrator shall maintain a rec& rd of all Variance actionsJncIudinujus ification foi
their issuance.
3. The Flood lain Administrator shall condition the Variance as needed o ensure that the re uire iiets and
criteria of this chapter are met.
Variances as interpreted in the NFIP are based on thegeneral zoning law j principle that thcy ocrtain to a h sical
piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or
financial circumstances. They primarilyaddress small lots in denscly popu1ated residential neighborhoods. As such
variances from flood elevations should be quite rare.
15.27.432 Administrative official's decision.
After considering any comments received from other agencies, jurisdictions or adjoining property owners, the
administrative official shall approve, approve with conditions, or deny the variance request. The administrative
official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based.
15.27.433 Notification and final decision.
The decision shall be issued within seven days from the end of the comment period. Further, the administrative
official shall mail the findings and decision to the applicant and to other parties of record requesting a copy.
15.27.434 Power to refer decisions.
In exercising the duties and powers of implementing and administrating Part Four of this chapter, the administrative
official may refer any variance application to the hearing examiner for action at a public hearing.
15.27.435 Appeals.
Any decision by the administrative official to approve or deny a variance request may be appealed subject to the
procedures set forth in YMC Chapter 15.16.
15.27.436 Federal flood hazard map correction procedures.
The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the
National Flood Insurance Program, are hereby adopted by reference.
15.27.437 Information to be Obtained and Maintained
A� Where the base flood elevation data is provided through the FIS, FIRM, or required as in Section 15.27,419,
obtain and mxinui orecord o[the actual Lms-bvUoelevation (in relation mmcnnsea level) ofthe lowest floor
tLincluding basement (Yf all new or substantially improved structures, and whether *rnot the structure contains o
nuocmco/.
B. For all new or substantially improved flood proofed non-residential structures where the base flood elevation
data is provided through the FIS, FIRM, or as required in Section 15.27.4 19:
l, Obtain and maintain a record of the elevation (in relation to mean sea level) to which the Structurewas
flood proofed,
2. Maintain the flood proofing certifications required in Section 15.27.4 1 7(E)�
C. Certification required by Section 1 5.27A 1 2(B) (floodway encroachments)-
D. Records of all variance actions, includ
E� Improvement and damage calculations.
F. Maintain for Dubtic inSDCCtion all records ocrtainin2 to the nrovisions of this Oo
L. The Department n[Ecology and adjacent communities shall bunntificdprior wany alteration c«relocation nfa
watercourse and evidence oysuch notification shall hcsubmitted mthe Federal Efflefgeney Management