HomeMy WebLinkAbout2011ORDINANCE
AN ORDINANCE ADDING A NEW SECTION 1S.04.2S0 TO
THE ASHLAND MUNICIPAL CODE RELATIVE TO FLOOD
PLAINS AND ESTABLISHING REGULATIONS FOR BUILD-
ING CONSTRUCTION THEREIN.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new section 1S.04.2S0 is hereby added to the
Ashland Municipal Code, as set forth in Exhibit "A" consist-
ing of eight (8) pages attached hereto and made a part hereof.
The foregoing ordinance was
of~//~z~ , , 1979 and duly
day of~/~Y~ , 1979.
first read on the~-~day
PASSED and ADOPTED this
Nan E. Frankl in
City Recorder
SIGNED and APPROVED this
~'Z~daY f~rx~cke
O
Mayor
EXHIBIT '~"
15.04.250: FLOOD PLAINS No building permit shall be issued, nor planning or
subdivision/partition approval granted within areas designated by the Federal
Flood Insurance Study for the City of i~hland as subject to flooding prior to
review and authorization in accordance with this section. The purpose of such
regulation is to protect the life, health, and property of the citizens frcra
Ashland for the hazards of periodic flooding, to the extent possible.
A. Definitions (the following definitions apply to this section above).
1. "APPEAI7' means a request for a review of the Building Official's inter-
pretation of any provision of this section.
"AREA OF SHALLOW ~,DODING" means a designated AO or AH Zone on the Flood
~%'~rrance P~te ~p (FII{~). The base flood depths range frc~n one to three
feet; a clearly defined chs~mel does not exist; the path of flooding is
unpredictable ~d ~dete-n~.~ate; and, velocity flow rnay be e~ident.
"AREA OF SPECIAL FLDOD HAZARD" means tbe land in the flood plain v~ithin
a comr~nity subject to a one percent or greater chance of flooding in
any given year.
4. "BASE I~L~TDD'' means the flood having a one percent chance of being equalled
or ~d~'~ in any given year.
'~EVELOI~i~ENT"maans anyman-Fade change to improved or tnimproved real es-
tate, including but not limited to buildings or other structures, mining,
dredg~g, filling, grading, paving, excavation or drilling operations
located within. fi~e area of special flood hazard,
'~XISTtNGMOBIIE H~E PARK OR MOBILE ItO>Z SUBDMSION"means a parcel
(or c~ntiguous parcels) of land dividcd into two or nDre mobile homa
lots for rent or sale for which the construction of facilities for servi-
cing the lot on wbich the mobile home is to be affixed (including, at
minirntmn, the installation of utilities, either final site grading or
pouring of -oncrete pads, and the construction of streets) is cu~lete
before the effective date of this section,
"EXP~qSIONTOANEXISTINGbDBILE HCME PAIKORMOBILEHO~E SUBDMSi0~'
means the preparation of additional sites by the construction of facilities
for servicing the lots on which the mobile homes are to be affixed (in-
cluding the installation of utilities, either final site grading or
pouring of concrete pads, or the construction of streets).
8. "FLOOD" or 'YIDOD~YG" means a general and temporary condition of partial
or conplete inundation of normally dry land areas from:
(1) The overflow of inla~d or tidal.waters and/or
(2) The unusual and rapid accumulation of runoff of surface
waters from any source.
'~IDOD INSURANCE P~ATE MAP" (FIr~M) means the official map on which the
Federal ]~surance ~nninistration has delineated both the areas of special
flood hazards and r/~e risk premium zones applicable to the conmonity.
Pa~e 1
11.
12.
13.
14.
15.
16.
17.
18.
"FLOOD ]2qSURANCE STUDY" mmans the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Boundary-
Floodway Map, and the water surface elecation of the base flood.
"FLOODWA1~' r~ans the channel of a river or other watercourse and the ad-
jacent land areas that nmst be reserved in order to discharge the base
flood without cunmlatively increasing the water surface elevation more
than one foot.
"HABITAISLE FLOOR" means any floor usable for living purposes, which in-
cludes working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used c~ly for storage purposes is not a ']~abitable floor".
'~DBII~ HOb~E" means a structure that is transportable in one or more sec-
tions, built en a permanent chassis, and designed to be used with or without
a permanent foundation ~,~aen connected to the required utilities. It does
not include recreational vehicles or travel trailers.
"~LZW CONSTRUCTIO~' moans structures for which the "start of construction"
connL~nced on or after the effective date of this ordinance.
'~ MOBILE tlO~E PARK OR bDBYIF. tK~viE SUBDIVISION" moans a parcel (or
contiguous parcels'y'6Y land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the
lot (including, at a minimum, the instsllation of utilities, either final
site grading or the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of this section.
"START OF CONSTRUCTION" moans the first placement of permanent censtruc-
tion of a structure (other than a mobile home) on a site, such as the poLLring
Of slabs or footings or any work beyond the stage of excavation. Pernm-
nent construction does not include land preparation, such as clearing,
grading, and filling, nor does it include the installation of streets and/or
walkways; n '.r does it include excavation for a basement, footings, piers
or foandatl ~ns or the erection of temporary foms; nor does it include the
ja~stallatic on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not as part of the main structure.
For a structure (other than a mobile home) without a basen~nt or poured
footings, the "start of constr~ction" includes the first permanent framing
or assembly of the structure or any part thereof on its piling or fOLnda-
tion. For mobile homes not within a mobile home park or mobile h~ne sub-
division, "start of construction" is the date on which the construction of
facilities for servicing the site on which the mobile hcrna is to be affixed
(including, at a minitram, th~ construction of streets, either final site
grading or the pouring of concrete pads, and installation of utilities) is
completed.
"STRUCTURE" moans a walled and roofed building or mobile home that is
~'~incipally above ground.
"S]JBSTANTIAL IMPROVEbENT" moans any repair, reconstruction, or improvennnt
of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
before the i~Drov~n~nt or repair is started, or
if the structure has been damaged and is be~g restored, before
the derange occurred. For the purposes of this definition "sub-
stantial in~rovement" is considered to occur when the first
PaEe 2
alteration of any wall, ceiling, floor, or other structural
part of the building cor~nences, whether or not that alteration
affects the exteraal dimensions of the structnire.
%~e term does not, hc~ever, include either:
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
any alterstion of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
19.
'YARIANCE" means a grant of relief frc~n the requirements of this Section
which permits construction in a nmnner that would otherwise be prohibited
by this Section.
B. Limitations.
This Sectic~ is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. Hcr,,Tever, where this Section
and an ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restricticons shall prevail.
The degree of flood protection required by this SeCtion is considered
reasonable for regulatory purposes an~d is based on scientific and engineer-
ing considerations. larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. 'fhis
Section does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free frcr~n flooding
or flood d~nages. 'ibis Section shall not create liability on the part
of the City , any officer or snployee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this
Section or any administrative decision la, rfully made thereunder.
Application: Plans for projects subject to thls Section shall include the
following information:
1. Elevation. in relation to mean sea level, of the lowest floor
(including basen0 of all structures;
2. Elevation in relation to mean sea level to which any structure
has been floodproofed;
3. Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure
meet the floodproofing criteria in Subsection E(9); and;
4. Descriptiou of the extent to which any watercourse ~ill be
altered or relocated as a result of proposed development.
D. Administration:
The Building Official shall be responsible for ensuri~g that all projects
requiring building permits comply with this Section; the Staff Advisor to
the Planning Conmission shall be responsible for ensuring that projects
requiring planning approval are referred to the Building Official for
flood plan determination. The Building Official shall be ultimately res-
ponsible for staff decisions pursuant to this Section, an~d for serving as
advisor to the Board of Appeals in such matters.
Pa~e 3
The
duties of the Building Official shall include:
Review all development permits to determine that the permit re-
quirements of this Section have been satisfied.
Review all development permits to determine that all necessary permits
have been obtained from those federal~ state or local gove~tal
agencies fromwhich prior approval is required.
Revis~ all development permits to determine if the proposed development
is located in the floodway. If located in the floodway, assure that
the encroachment provisions of this Section are met.
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest habitable floor (including baser~nt) of all new or sub-
stantially improved structures, and~faether or not the structure
contains a basement.
For all new or substantially improved floodproofed ~tructures:
1. verify and record the actual elevation (in relation to mean sea
level), and
2. n~j~tain the floodproofing certifications required in Section C(3).
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 bem~een a mapped boundary and actual field conditions).
The person contesting the location of ~e boundary shall be given a
reasonable opportLnity to appeal the interpretation.
Acceptance and use of Federal, State, or othe~ reliable flood plain
data as may be necessarywhere the Federal Flood Insurance data is
~mavailable for a specific project or waterway,
Notify adjacent communities and the ~propriate State agency prior to
any alteration or relocation of a watarcourse, and submit evidence Df
such notification to the Federal Insurance Administration.
Require that maintenance is providedwithin the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
I. Maintain for public inspection all records pertaining to the provisions
of this Section.
Variances and Appeals. The Board of Appeals established by Section 15.04~200
of this Chapter shall hear variances and appeals from decisions of the
Building Official,
In passingupon applications for appeal or variance, the Board of
Appeals shall censid~r all technical evaluations, all relevant factors,
standards specified in other parts of this section, and:
1. The danger that materials may be swept onto other lands to the
injury of others;
2. The danger to life and property due to flooding or erosion dsr~nge;
3. ~]~e s~sceptibility of the proposed facility m~d its contents to
flood damage and the effect of such danage on the individual
4. The importance of the services provided by the proposed facility
to the conmunity;
5o The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
6. The cc~'lpatibility of the proposed use with existing and antici-
pated development;
7. The relationship of the proposed use to the c~rehonsive plan
and flood plain management program for that area;
8. The safety of access to the property in times of flood for ordinazS'
and e~Ergency vehicles;
9. The e~xpected heights, velocity, duration, rate or rise, and sedi-
ment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and,
10. The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
Generally, variances may be issned for new construction and substantial
improve~r~nts to be erected on a lot of one-half acre or less in size
contiguous to and styrounded by lots with existing structures con-
structed belcrv~ the base flood level, providing that the items in Sub-
section A above, have been f~lly considered. As the lot size increases
beyond the one-half acre, the technical justification required for
issuing the variance increases.
Upon consideration of the factors of and the purposes of this Sections,
the Board of Appeals nmy attach such cc~ditions to the granting of
variances as it deems necessary to further the purposes of this Section,
The Building Official shall maintain the records of all appeal acticons
and report any variances to the Fedexal Insurance Administration upon
request.
E. Conditions for Variances:
1. Variances may be' issued 'for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of
Historic Places, or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this Section.
2, Varis2~ces shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
3. Variances shall only be issued upon a "determination that the varL~nce
is the minitram necessary, considering the flood hazard, to afford
relief.
4. Variances shall only be issued upon:
A. a showing of good ~nd sufficient cause;
B. a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and,
C. a determination that the grsnting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisfn~.ces,
cause fraud on or victimization of the public, or cca~flict
with existing local laws or ordinances.
Page 5
Any applicant to whom a variance is granted shall be given written
notice that the struct~ure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood inm~ance will be conmensurate with the increased risk resulting
from the reduced lowest floor elevation.
E. Technical Standards. In all areas of flood hazards the follc~ing standards
are required:
1. Anchoring:
A. All new construction and substantial improvements shall be an-
chored to prevent flotation, collapse or lateral movement of the
struct~nre.
B. All mobile homes shall be anchored to resist flotation, collapse,
or lateral move~r~nt by providing over-the-top and frame t~es to
ground anchors. Specific require~L~nts shall be that:
1. Over-the-top ties be provided at each of the four corners
of the mobile home., with ~o additional ties per side at
intermediate locations, with mobile h~nes less than 50 feet
long requiring one additional tie per side;
2. Frmne ties be provided at each corner of the home with five
additional ties per side at ihtermediate points, with mobile
honns less than 50 feet long requiring four additional ties
per side;
3o All components of the anchoring system be capable of carry-
ing a force of 4,800 poLnds; and,
4. Any additions to the mobile home be similarly anchored.
C. An alternative method of anchoring may involve a system designed
to withstand a wind force of 90 miles per hour or greater. Certi-
fication mint be provided to the Building Official that this
standard hq.s bean met.
2. Construction Materials and Methods:
A. All n~ construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood dsmage.
B. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Utilities:
A. All new and replacement water supply systems shall be designed to
m~imize or eliminate infiltration of flood waters into the systen~;
B. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters; and,
C. On-site waste disposal systems shall be located to avoid impair-
ment to them or contamination from them during flooding.
4. Subdivision Proposals:
A. All subdivision proposals shall be consistent with the need to
min~nize flood damage;
B. All subdivision proposals shall have public utilities and facilities
Page 6
such as sewer, gas, electrical, and water systems located and constructed
to mininL~ze flood damage;
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and,
Base flood elevation data s~ll be provided for all subdivision pro-
posals and other proposed deve]opment w~ere applicable.
5. Review of Building Permits:
~nere elevation data is not available, applications for building permits
shall be reviewed to assure that proposed construction ~,rill be reasonably
safe from flooding. The test of reasonableness is a local judgment
includes use of historical data, high water marks, photographs of past
flooding, etc., where avsilabte.
6. Residential Construction:
New constn~ction and substantial ~rprovement of any residential struct~-e
shall have the lowest floor, including basement, elevated to or above
base flood elevation.
7. No~residential Construction
New construction and substantial ~provement of any com~ercial, industrial
or other nonresidential stncuc~ure shall either have the lowest floor, in-
cluding basement, elevated to the level of the base flood elevation; or
together with attendant utility and sanitary facilities, shall:
A. Be floodproofed so that below the base flood level the structure is
watertight with walls substantially impern~able to the passage of
water;
B. Have structural conponents capable of resisting hydrostatic and hydro-
dynamic loads and effects of buoyancy; and,
C. Be cer~'ified by a registered professional engineer or architect that
the standards of this subsection are satisfied.
Mobile Homes:
A.
B,
Mobile homes shall be anchored in accordance with Subsection E(1).
For new mobile home parks and mobile home subdivisions; for ex]Dansions
to exist~a~g mobile hcn~ parks and mobile home subdivisions; for existing
mobile borne parks and mobile heine subdivisions where the repair, re-
construction or ]!mprovernent of the streets, utilities and pads equals
or exceeds 50 percent of value of the streets, utilities and pads
before the repair, reconstruction or impr0ven nt has c0mn nced; and
for mobile homes not places ~ a mobile hc~ne park or nDbile horn2 sub-
division, require that:
1. stands or lots are elevated on coxrpacted fill or on pilings so
that the lc~vest floor of the mobile home will be at or above
the base flood level;
2. adequate s~Lrface drainage and access for a hauler are provided;
and,
3. in the instance of elevation on pilings, that:
A. Lots are large anough to pera~it steps,
B. Piling foundations are placed in stable soil no more
than ten feet apart, and
C. Reinforcement is provided for pilings more than six
feet above the ground level.
No mobile home shall be placed in a floock~ay, except in an existing
mobile hon~ park or exj_sting mobile home subdivision.
9. Floodways:
Located within areas of special flood hazard are areas desig~qated as
floodways. Since the floo~.~ay is an extr~nely hazardous area due to the
velocity of flood waters w~hich carry debris, potential projectiles, and
erosion potential, the foltc~ing pro~risions apply:
A. Prohibit encroachments, including fill, new construction, substantial
improvennnts, and other development ~nqless certification by a registe, red
professional engineer or architect is provided demonstrating tbat en-
croacbm~nts shall not result in auqy increase in flood levels durh~g
the occurrence of the base flood discharge.
B. If Subsection (9) (a) above is satisfied, all ~ew constrcuction, sub-
stantial inprovements shall con~ly ~ith all applicable flood hazard
reduction provisions of Section E ge~erally.
C. Prohibit the ptaceunent of any m~bile homes, except in an existing
mobile home park or e}~isting ~sbjle home subdivision.
Page 8