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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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SEPA SITE PLAN APPLICATION Z 0 ^p� n DWAWv Ere. 3. *WED �'�M94a*dfi 3r',:e vcTdu ZONING MAP Yakima Urban Area Zoning SR Suburban Residential Sinote ;ram; R-2 Two Fern 'Ey R-3 Mull -Farr B-1 Proifessionall Business E--2 Local E usi ness 111 Ha Historical a LEisiness SCC Small Convene:ice Center LCC Large Convenience Center ECBD Central Business, District GC 'General Commercial LiEcir. intustrial ET M-2 Heavy I n t,% ;title ?IP PT' Peo oneDeveioomenl AS A' rpo.1 Sport FUTURE LAND USE MAP Yaki as Future Land Use Dem. xatio s wR°Damns`vRes:d nt: 1 Mixed Res.> ' Business Core Ci 5; 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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YAKIMA, YA.KIMA COUNTY, WASHINGTON 1.101.1001. 0 10 110, COMP PLAN / REZONE SITE PLAN C.11014.19 EMM.VMS 474 01 5555 0E00 000 00. 0 FEE... a.. (I,M IMVIA Vstri MTV , LIVE,M2 PAK enr., rot km00 0011., 0 00. 001 , - RECENED F 'APR S 2021 cir( YAKikm COMMUNIIY DEYWOMENT YVFWC 5109 SUMMITVIEW AVENUE PROPERTY ZONING MAP eMinwitvni Yakima Urban Area Zoning SR Suburban Residentiei ass; Famiiy R.-2 Tc F fr y 81 ProfiescioneJ BusThess, ELS iLoc& Busineoz Himriciej Business SCC. Small Conuen&ce Center LCC Large Converi-eince -Center CSC,' Centrai Bucine” Dicricit GC General Commercial Vv: M-1 .„.,,ght. Jndustriai M-2 Heavy Inciuwial avvl kOV Rgion& iukevei5oomeric - AS Anpont.Sui,pport FUTURE LAND USE MAP Yakima Future Laud Use Designations 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 ZO ING MAP N Yakima Urban Area Zoning Sub;�,b n Red; e, R-2 Two Ram ly M ors:„ CED Ce tr&& Business c Gererre FUTURE LAND USE MAP 4010,0 .44,1.. 6f SITE 1 N Yakima Future Land Use Desi . a MoKed F,Ies dert Centred B,,,isiness Core Commercia, Commrci& M xed Us,e. Reg onal Corrrrefe,,ei Comrnun,t Mxec Use Indusir 05 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 Yakima Urban Area Zoning SR Suburban Residential 2906 W. Nob Hill ixed Residential ow Densi y Resi en 1) R-1 Single Family 18-1 Prole5s lona! Business R-2 Two Family kIII 13-2 Local Business R-3 Multi -Family 111 HB Historical Business Low Derisit ixed Residential Re d ntial R. SCC Small Conveneice Center LCC Large Convenience Center CBD Central Business District 1:2,257 0 0_01 0.03 r 0 0,02 0,04 0.08 km 0,05 mi Yakima GiS. Ctiy af Yaiorria010. SourHERE, Gamin, mrerneril P Coq) 14.00 USGS, FAO, NPS, NACAR Ciogiakke, Criy N Yakima, Watihinckon riFYRk,rela INa,hirmqnn 70, ZONING MAP i'll)t)11111 i3vd • • IU ,A4,4 Yakima -Urban Area Zoning SF SubrJ ban iRes;dert;a1 Part;':y T,No Farnly R-$ Mu't -Earn' .!'y' ProFess,ctal FoGineris B-P Loc:,,..,1 HE Hittoficai usine“ S'CC SrnaH Convene:ce Center LCC Large CorAren'ence Centel, Cep Central BusSYV:rict 0c General G.071 M ro_.1 Lqhtnctri M-7 He RD Cetee'A:rprner: AS A, rporr.Su'ir,r,pc FUTURE LAND USE MP Jt - 4 ets,D Yoiorot.4 NOmwtn1409. Yakima Future Land Use Designatio Low Drsclity Residentlef Itekifp Mixed Reildential Central BUS iness Core Commercial Commercial Mlxed Use Reg onal Commercial Community Mixed Use ndustf,ai! 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). ZONING MAP N Yakima Urban Area Zoning SR Suburban Residerrtraii R-2 TWO Farr:Irv' saiss - ts-1 erorfes&on& Buries B-2 Lode] Business, 1111 HB Historical Business SCCI. SmeJ Convene:ice Center LCC Large Corrivierrlence Center CBD Centred Busidees GC Geraa Commercial LiSidt iIndustiriedi M-2 Heavy Industrial RD Regional; Devei od mans; 11 AS Arriport Support FUTURE LAND USE MAP 'KV KEA r;,,,• E, AKKAKIRcb01544:11i:KivKKKKT Yakima Future Land Use Desirations LOW Detry Re $: dental !'41 Residen't:& Central Bun es5 Core Commercial Commercial %xeci V.se Regione Commercial Commur0,, klkied ' bte 4;44,X 'tvgk VA-14 APPLICANT: 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. - ENPSTM FENCE PEETE. 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Use Desig at ons Lc ° DersFel:d ntt Uor r °r rx.a Corimert '.l xec Use 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