HomeMy WebLinkAbout3046 AMND 15.10 Flood Insurance Study & Rate Maps
ORDINANCE NO. ~DLtlJ,
AN ORDINANCE AMENDING THE CITY OF ASHLAND FLOOD
DAMAGE PREVENTION REGULATIONS (CHAPTER 15.10), ADOPTING
BY REFERENCE REVISED THE FLOOD INSURANCE STUDY FOR
JACKSON COUNTY OREGON AND INCORPORATED AREAS, AND
ACCOMPANING FLOOD INSURANCE RATE MAPS.
Annotated to show deletioH5 and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, the Federal Emergency Management Agency (FEMA) published a preliminary
Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) on June 30, 2009, and
both, after public input and revision, are completed and will be effective on May 3, 201 I for
Jackson County, Oregon and the incorporated areas;
WHEREAS, the City of Ashland is a participant in the National Flood Insurance Program, and
each participating community is responsible for planning, adoption and enforcement of
regulations to accomplish proper floodplain management;
WHEREAS, notice of the proposed Ordinance Arnendrnent was sent to the Department of Land
Conservation and Development (DLCD) on May 14, 2010 as required by State law;
WHEREAS, public notice was mailed on May 7, 2010 consistent with Oregon state law. (ORS
227.186) directly to property owners whose property is currently located in the floodplain, and
those whose properties will be in the floodplain when the new floodplain maps become effective;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on March 1,201];
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WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter;
WHEREAS, the City Council ofthe City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code Flood Damage and Prevention regulations and Physical
and Environmental Land Use Ordinance in the manner proposed; and
WHEREAS, the City Council of the City of Ashland has determined 'that an adequate factual
basftexists for the amendments, the amendrnents are consistent with the cornprehensive plan and
that such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Those docurnents entitled "Flood Insurance Study (FIS) for Jackson County,
Oregon and Incorporated Areas" effective May 3,2011, with accompanying Flood Insurance
Rate Maps (FIRMS) are hereby adopted as the basis for establishing the special flood hazard
areas for floodplain management in the City of Ashland.
The special flood hazard areas documented in the FIS and the FIRMS are the minimum area of
applicability of the floodplain rnanagement regulations and may be supplemented by studies for
other areas as allowed in the regulations.
SECTION 3. Section 15.10.040 [Methods of Reducing Flood Losses] through 15.10.090
[Variances and Appeals] are hereby amended to read as follows:
]5.]0.040 Methods of Reducing Flood Losses.
In order to accornplish its purpose, this section includes methods and provisions for:
A. Restricting or prohibiting uses which are 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;
B. Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the tirne of initial construction;
C. Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accomrnodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development which may increase
flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards outside of identified
flood hazard areas.
F. Coordinatinl! and supplementinl! the provisions of the state buiIdinl! code
with local land use and development ordinances.
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15.10.050 Definitions.
Unless specifically defined below or elsewhere in this Code, words or phrases used in
this Chapter shall be interpreted as to give them the meaning they have in cornmon usage
and to give this Chapter it' s most reasonable application.
A. Appeal means a request for a review of the Building Official's interpretation of
any provision of this Section or a request for a variance.
B. Area of Shallow Flooding means a designated AO or AH zone on the Flood
Insurance Rate Map. The base flood depths range from one (I) to three (3) feet;
clearly defined channel does not exist; the path offlo.oding is unpredictable and
indeterminate; and, velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding. .
C. Area of Special Flood Hazard means the land in the flood plain within a'
community subject to a one percent (I %) or greater chance of flooding in any
given year. Designation on rnaps always includes the letters A or V.
D. Base Flood means the flood having a one percent (I %) chance of being equaled or
. exceeded in any given year. Also referred to as the "100-year flood".
Designation on flood rnaps always includes the letters A or V. _
E. Basement. for the purposes of this chapter. means the portion of a structure
with its floor su b-!!rade (below !!round level) on all sides. or the definition
provided in Section 18.08.078 ofthe Ashland Municipal Land Use code.
whichever is more restrictive.
F. Below-Grade Crawl Space means an enclosed area below the base flood
elevation in which the interior !!rade is not more than two feet below the
lowest adiacent exterior !!rade and the hei!!ht. measured from the interior
!!rade of the crawlspace to the top of the crawlspace foundation. does not
exceed 4 feet at anv point.
G. BuiIdin!! Code means the combined specialty codes adopted under ORS
446.062.446.185.447.020 (2). 455.020 (2). 455.610. 455.680. 460.085. 460.360.
479.730 (I) or 480.545. but not include re!!ulations adopted by the State Fire
Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and
479.210 to 479.220.
H. Critical Facility means a facility for which even a sli!!ht chance of floodin!!
mi!!ht be too !!reat. Critical facilities include but are not limited to schools.
nursin!! homes. hospitals. police. fire and emer!!encv response installations.
installations which produce. use. or store hazardous materials or hazardous
waste.
.E.Eo Developrnent means any man-made change to improved or unimproved real
estate, including but not limited to, buildings or other structures, rnining,
dredging, filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
GF. Flood or Flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
I. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
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\
!!.. b.Flood Insurance Rate Map (FIRM) rneans the official rnap of a community &It
whieh the issued bv the Federal Insurance Administration has deIiBeated beth
delineatinl!. the areas of special flood hazards and/or the risk premiurn zones
applicable to the community.
LH. Flood Insurance Study means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Boundary -
Flood way Map, and the water surface elevation of the base flood.
JJ. Flood-way means that channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (I) foot.
J. Habitable Floor meaBS aB)' floor usable fer Ih'iBI; purposes, whieh iBeludes
worldBg, sleepiBg, eatinl;, eeollinl; or reereation, or a eombination thereof. A
floor used on I)' f'6r storage purposes is not a "habitable" fleor.
K. Lowest Floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement area is not
considered a 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 found in Section 15.1 O.080(B)(I )(b).
L. Manufactured Home means a structure, transportable in one (1) or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For flood plain
management purposes the term "manufactured horne" also includes park trailers,
travel trailers, and other sirnilar vehicles placed on a site for greater than one
hundred eighty (180) consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel trailers, and other
similar vehicles.
M. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels)
of land divided into two (2) or more manufactured home lots for rent or sale.
N. New Construction means structures for which the "start of construction"
commenced on or after the effective date of this Ordinance and includes new
mobile home parks and rnobile home subdivisions.
O. Recreational Vehicle, as it pertains to the provisions of this chapter, means a
vehicle which is:
a. Built on a sinl!.Ie chassis;
b. 400 square feet or less when measured at the Iarl!.est horizontal
proiection:
c. Desil!.ned to be self-propelled or permanentIv towable bv a Iil!.ht
duty truck: and
d. Desil!.ned primarilv not for use as a permanent dwellinl!. but as
temporary Iivinl!. Quarters for recreational, campinl!., travel, or
seasonal use.
P.G-. Start of Construction includes substantial improvernent, 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 (180) days of the permit date. The actual start means either the first
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placement of permanent construction of a structure on a site, such as the pouring
of a 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 permanent basement,
footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory erection or temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
~p.,Structures as it pertains to the provisions of this Chapter is a walled and roofed
building, including a gas or liquid storage tank that is principally above ground.
R.XX. Substantial Dama!!e means dama!!e of any ori!!in sustained by a structure
whereby the cost of restorin!! the structure to its before dama!!ed condition
would equal or exceed 50 percent of the market value of the structure before
the dama!!e occurred.
S.Q.Substantial Irnprovement means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the rnarket
value of the structure either: .
I. Before the irnprovement or repair is started; or
2. If the structure has been darnaged and is being restored, before the damage
occurred. For the purpose of this definition, "substantial irnprovement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term DOES NOT,
however, include either:
a. Any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
T.R. Variance means a grant of relief fi'om the requirements of this Chapter
which permits construction in a manner that would otherwise be prohibited by this
Chapter.
15.10.060 General Provisions.
A. Lands to which this Chapter applies. This Chapter shall apply to all areas of special
flood hazards within the jurisdiction of the City of Ashland, Oregon.
B. Basis for establishing the areas of special flood hazard. The areas of special flood
hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Studyt City of ".shland, Oregon,
for Jackson County. Ore!!on and Incorporated Areas", dated June 1, 1981, May
Jrd. 201 I. with accompanying Flood Insurance Rate Maps is hereby adopted by
reference and declared to be a part of this Ordinance. The Flood Insurance Study and
C. Compliance. No structure on land shall hereafter be constructed, located, extended,
converted, or altered without full cornpliance with the terms of this Ordinance and
other applicable regulations. .
D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this Ordinance and another Ordinance, state buiIdinl! code, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the rnore
stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this Chapter, all provisions
shall be:
]. Considered as rninimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit or repeal any other powers granted under state statutes
and rules incIudinl! the state buiIdinl! code.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this
Chapter is considered reasonable for regulatory purposes and is based on scientific
and engineering consideration. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This section 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 the City, 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 tHereunder.
15.10.070 Administration.
A. Establishment of Developrnent Permit. A development permit shall be obtained
before construction or development begins within any area of special flood hazard
established in Section] 5.1 0.060(8). The permit shall be for all structures including
manufactured hornes, as set forth in the Definitions, and for all other development
including fill and other activities, also set forth in Definitions.
Application for a development permit shall be made on forms furnished by the
Building Official 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:
]. Elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures;
2. Elevation in relation to mean sea level to which any structure has been flood-
proofed;
3. Certification by a registered professional engineer or architect that the flood-
proofing methods for any nonresidential structure meet the flood-proofing criteria
in Section 15.10.090(8)(2);
4. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
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B. Designation of the Building Official. The Building Official is hereby appointed to
administer and implement this Chapter by granting or denying development permit
applications in accordance with its provisions.
C. Duties and Responsibilities of the Building Official. Duties and responsibilities of
, the Building Official shall include, but not be limited to:
I. Permit Review:
a. Review all development permits to determine that the permit requirements of
this Section have been satisfied.
b. Review all development permits to determine that all necessary permits have
been obtained from those federal, state or local governmental agencies from
which prior approval is required.
c. Review all development permits to determine if the proposed developrnent is
located in the flood way. Iflocated in the flood way, assure that the
encroachment provisions of Section 15.1 0.080)C)(I) are rnet.
2. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with Section I 5.1O.060(B), "Basis for Establishing the
Areas of Special Flood Hazard", the Building Official shall obtain, review, and
reasonably utilize any base flood elevation and flood-way data available from a
federal, state or other source, in order to administer Sections 15.1 0.080(B)( I)
"Specific Standards: Residential Construction", 15.10.080 (B)(2) "Specific
Standards: Nonresidential Construction, and 15.1O.080(C) "Flood-ways".
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance
Study or required as in Section 15.1 0.070(C)(2), obtain and record the actual
elevation (in relation to mean sea level) of the lowest habitable floor
(including basement and below grade crawlspaces) of all new or substantially
improved structures, and whether or not the structure contains a basernent.
b. For all new 6r substantially improved flood-proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level); and
ii. Maintain the flood proofing certifications required in Section
15. I 0.070(A)(3).
c. Maintain for public inspection all records pertaining to the provisions of this
Section.
4. Alteration of Watercourses.
a. Notity adjacent communities and the Water Resourees CommissioR
Department of Land Conservation and Development and other
. appropriate state and federal aeencies prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the boundary shall
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be given a reasonable opportunity to appeal the interpretation as provided in
Section 15. I 0.090.
15.10.080 Provisions for Flood Hazard Protection.
A. General Standards. In all areas of flood hazards the following standards are required:
1. Anchoring:
a. All new construction and substantial irnprovernents shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
b. All manufactured hornes must likewise be anchored to prevent flotation,
collapse, or lateral rnovernent, and shall be installed using rnethods 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
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"
guidebook.
2. Construction Materials and Methods:
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
b. All new construction and substantial irnprovements shall be constructed using
rnethods and practices that minirnize flood damage.
c. Electrical, heating, ventilation, plurnbing, 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.
3. Utilities:
a. All new and replacernent water supply systems shall be designed to rninimize
or eliminate infiltration of flood waters into the system;
b. New and replacernent sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from
the systerns into flood waters; and
c. On-site waste disposal systems shall be located to avoid impairment to them
or contamination for the during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood
damage;
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minirnize
flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
d. Where base flood elevation data has not been provided or is not available
from another authoritative source it shall be generated for subdivision
proposals and other proposed development which contain at least fifty (50)
lots or five (5) acres, whichever is less.
5. Review of Building Permit:
a. Where elevation data is not available, either through the Flood Insurance
Study or frorn another authoritative source (Section 15.10.070(C))
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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. Failure to elevate the
lowest floor at least two (2) feet above grade in these zones may result in
higher insurance rates. .
b. To determine the flood base elevation, the applicant's Oregon registered
engineer or land surveyor shall investigate all available sources of
information, such as historic flooding profiles, high water marks, photographs
of past flooding, soil characteristics, or any other feasible methods. A report
shall be subrnitted to the City by the applicant, setting forth said elevation and
citing the evidence upon which the estimate is rnade. Said report may be
accepted or rejected by the City. The Oregon registered engineer or surveyor
shall place a permanent elevation marker on the property.
B. Specific Standards. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 15. I O.060(B), "Basis for Establishing
the Areas of Special Flood Hazard", or Section 15.IO.070(C)(2), "Use of Other Base
Flood Data, the following provisions are required:
1. Residential Construction:
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to at least two (2)
feet or above base flood elevation. Prior to the issuance of a certificate of
occupancy by the City, the property owner shall furnish certification by a
registered engineer or surveyor of the actual elevation of the lowest habitable
floor, including a basement.
b. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
sources on exterior walls by allowing for entry and exit of flood-waters.
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:
1. A rninirnum of two openings having a total net area of not less than
one (1) square inch for every square foot of enclosed area subject to
flooding.
11. The bottom of all openings shall be no higher than one (1) foot above
grade.
iii. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
flood-waters.
2. Nonresidential Construction: New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level of the base flood elevation;
or together with attendant utility and sanitary facilities; shall:
a. Be flood-proofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
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b. Have structural cornponents capable of resisting hydrostatic and
hydrodynarnic loads and effects of buoyancy; and
c. Be certified by an Oregon registered professional engineer or architect that
the designs and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this subsection based
on their development review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in
Section
15.IO.070(C)(3)(b).
d. Nonresidential structures that are elevated, not flood-proofed, must meet
the same standards for space below the lowest floor as described in
15. I O.080(B)(1 )(b).
e. Applicants flood-proofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one (I) foot
below the flood proofed level (e.g., a building constructed to the base
flood level will be rated as one (1) foot below that level).
3. Manufactured Homes: All manufactured hornes to be placed or substantially
improved within Zones Al-30, AH, and AE shall be elevated on a permanent
foundation such that the lowest floor of the manufactured horne is at least two (2)
feet above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of Section
15. I O.080(A)(l).
4. Recreational vehicles placed on sites are required to either:
a, Be on the site for fewer than 180 consecutive days,
b. Be fullv licensed and ready for hil!hwav use, on its wheels or iackinl!
system, is attached to the site on Iv bv Quick disconnect type utilities and
security devices, and has no permanentlv attached additions: or
c. Meet the requirements of Section 15.10.80 the elevation and anchorinl!
requirements for manufactured homes.
5. Critical Facility: Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the Special Flood Hazard Area (SFHA)
(tOO-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 heil!ht of the 500-vear flood,
whichever is hil!her. Access to and from the critical facility should also be
protected to the heil!ht utilized above. Floodproofinl! and seaIinl! measures
must be taken to ensure that toxic substances will not be displaced bv or
released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent
possible.
6. Below-l!rade Crawl Spaces: Below-l!rade crawl spaces area allowed provided
they conform to the l!uidelines in FEMA Technical Bulletin 11-01.
Crawlspace Construction for Buildinl!s Located in Special Flood Hazard
Areas.
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C. Flood-ways: Located within areas of special flood hazard established in Section
15. I 0.060(B) are areas designated as flood-ways. Since the flood-way is an
extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
I. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
2. If Section I 5.1O.080(C)(1) above is satisfied, all new construction, and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 15.10.080, "Provisions for Flood Hazard Protection".
15.10.090 Variances and Appeals.
A. Appeals shall be granted consistent with Ihe standards of Section 1910.6 of the Rules
and Regulations of the National Flood Insurance Program (21 CFR 1909, ete. 44
CFR 60.6.).
B. The Board of Appeals established by Section 15.04.200 of this Chapter shall hear
variances and appeals from the final decisions of the Building Official.
C. In passing upon applications for appeal or variance, the Board of Appeals shall
consider all technical evaluations, all relevant factors, standards specified in other
parts of this Code; and
I. The danger that materials may be swept onto other lands to the injury or loss of
others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood darnage and
the effect of such darnage on the individual owner;
4. The importance of the services provided by the proposed facility to the
community;
S. The necessity to the facility of a waterfront location. where applicable:
S 6..The availability of alternative locations for the proposed use which are not
subject to flooding or erosion darnage;
6..1,.The compatibility of the proposed use with existing and anticipated
development;
f.ji".The consistency of the proposed use with the policies of the Comprehensive Plan
and flood plain management program for that area;
8.j!,.The safety of access to the property in times of flood for ordinary and emergency
vehicles;
9.10..The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and effects of channel movement, if applicable, expected at the
site; and
MlL.The costs ofprovidil)g governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
Page I I of 13
D. Upon consideration of the factors of and the purpose of the Chapter, the Board of
Appeals may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this Chapter. '
E. The Building Official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon approval.
,F. Conditions for Variances:
I. Variances shall not be issued within any designated flood-way if any increase in
flood levels during the base flood discharge would result.
2. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
3. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship for the applicant; and,
c. A determination that granting the variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victirnization of the public, or conflict with
existing laws or Ordinances.
4. Any applicant to whom a variance is granted shall be given written notice that the
cost of flood insurance will be commensurate with any increased risk that may
result frorn development for which the variance is issued.
SECTiON 4. Section 15.10.100 [Penalties] is hereby amended to read as follows:
15.10.100 Penalties
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating or causing the violation of any of the provisions of this ordinance has
committed an infraction, and upon conviction thereof, is punishable as prescribed in
Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is
guilty of a separate violation for each and every day during which any violation of this
Chapter is committed or continued by such person, firm or corporation. In addition,
violation of this Ordinance shall constitute a public nuisance and may be regarded as such
in all actions, suits and proceedings. Said nuisance may be prosecuted in the courts of the
State of Oregon.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTiON 6. Savinl!s. Notwithstanding this amendrnentJrepeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were cornrnenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions cornrnenced and
continued under the laws in effect at the time the matters were originally filed.
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SECTiON 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", Hchapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 1,2, 5, 6, and 7) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the ----L- day of 11I~ ,201 I,
and dul ASSED and ADOPTED this ~ day of ~ ,201 I.
;t{~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this /~ay of/ll4u!t., 2011.
S""mb~J
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