FLOOD DAMAGE PREVENTION
A. The flood hazard areas of the City are subject to periodic inundation which results 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.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 463, 5-4-87)
C. Buoyant and Hazardous Materials and Special Flood Hazard Areas: Damage resulting from buoyant materials carried by rising flood water is well known. There is also a danger from hazardous materials placed or stored in flood hazard areas. The City will monitor the placement or storage of buoyant and hazardous materials within special flood hazard areas to insure the safety of its citizens. The burden of proof rests with the applicant and is subject to Planning Commission review. (Ord. 488-91, 7-8-91)
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 463, 5-4-87)
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 time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
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 floodwaters or may increase flood hazards in other areas. (Ord. 463, 5-4-1987)
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
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 one foot (1').
HAZARDOUS MATERIALS: A combustible, flammable, corrosive, explosive, toxic or radioactive substance which is potentially harmful to humans and the environment.
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 nonelevation design requirements of this chapter found at subsection 13-1-9B1b of this chapter.
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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar 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.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of this chapter.
PUBLIC WORKS PROJECTS: Projects that are necessary to enhance or maintain general public welfare. Such projects may include, but are not limited to, flood control structures, public buildings, city infrastructures, utilities, parks and projects associated with resource protection.
RECREATIONAL VEHICLE: A vehicle which is: built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and 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, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL IMPROVEMENT: A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1. Before the improvement or repair is started, or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
B. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.
VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 463, 5-4-1987; amd. Ord. 488-91, 7-8-1991; Ord. 547-04, 9-13-2004; Ord. 561-07, 10-8-2007)
A. Lands To Which Chapter Applies: This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 463, 5-4-1987)
B. Basis For Establishing Areas Of Special Flood Hazard: The basis for establishing the areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "The Flood Insurance Study For The City Of Heppner, Oregon", dated December 18, 2007, with accompanying flood insurance maps are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at Heppner City Hall, 111 N. Main Street, Heppner, Oregon. (Ord. 561-07, 10-8-2007)
C. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
D. Interpretation: In the interpretation and application of this chapter, 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.
E. 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 considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter 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 chapter or any administrative decision lawfully made hereunder. (Ord. 463, 5-4-1987)
A. Permit Requirements:
1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 13-1-6B of this chapter. The permit shall be for all structures including manufactured homes, as set forth in section 13-1-5 of this chapter, and for all development, including fill and other activities, also as set forth in section 13-1-5 of this chapter.
2. Application For Development Permit: Application for a development permit shall be made on forms furnished by the city 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:
a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 13-1-9B2 of this chapter; and
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 463, 5-4-1987)
3. Permit for Storage of Buoyant or Hazardous Materials:
a. A special land use permit, requiring Planning Commission approval, must be obtained prior to storing, placing or stockpiling buoyant or hazardous materials in a flood hazard area.
b. Planning Commission Review of Special Permits to Store, Place or Stockpile Buoyant or Hazardous Materials: In determining whether or not a permit will be permitted to store, place or stockpile buoyant or hazardous materials in a flood hazard area, the Planning Commission shall consider the following:
(1) The nature of the materials; (e.g., buoyancy, toxicity, flammability);
(2) The danger that materials may be swept onto other properties or structures with resulting injury or damage;
(3) The necessity of locating the materials on the particular site, especially in terms of public benefit;
(4) The ability of emergency vehicles to reach the site in times of flooding;
(5) The availability of alternative locations which are less susceptible to flooding; and
(6) The application's plan for hazard mitigation. (Ord. 488-91, 7-8-91)
B. Planning Commission Appointment; Duties: The Planning Commission is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.
C. City Manager; Duties and Responsibilities: Duties of the City Manager shall include, but not be limited to:
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this Chapter 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 development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 13-1-9D of this Chapter are met.
2. Use of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 13-1-6B, "Basis for Establishing the Areas of Special Flood Hazard", the City Manager may obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsection 13-1-9B of this Chapter, "Specific Standards", and subsection 13-1-9C of this Chapter, "Floodways".
3. Information to be Obtained and Maintained:
a. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection C2, obtain and record 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. For all new or substantially improved floodproofed structures:
(1) Verify and record the actual elevation (in relation to mean sea level); and
(2) Maintain the floodproofing certifications required in subsection A2c of this Section.
c. Maintain for public inspection all records pertaining to the provisions of this Chapter.
4. Alteration of Watercourses:
a. Notify adjacent communities and the appropriate State agencies 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 be given a reasonable opportunity to appeal the interpretation as provided in Section 13-1-8 of this Chapter. (Ord. 463, 5-4-87; 1995 Code)
1. The Planning Commission, as established by the City, shall hear and decide appeals and requests for variances from the requirements of this Chapter.
2. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by City personnel in the enforcement or administration of this Chapter.
3. Those aggrieved by the decision of the Planning Commission, or any taxpayer, may appeal such decision to the City Council.
4. In passing upon such application, the Planning Commission shall consider all technical evaluation, all relevant factors, standards specified in other sections of this Chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront 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 Flood Plain Management Program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
5. Upon consideration of the factors of subsection A4 of this Section and the purposes of this Chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
6. The City Manager shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
B. Conditions for Variances:
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items A4a through A4k of this Section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
2. 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 this Section.
3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in subsection A4 of this Section, or conflict with existing laws or ordinances.
6. Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection B1 of this Section and otherwise complies with subsections 13-1-9A1 and A2 of this Chapter, "General Standards".
8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 463, 5-4-87)
A. General Standards: In all areas of special flood hazards, the following standards are required:
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, 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 (reference FEMAs "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques).
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 improvements shall be constructed using methods and practices that minimize flood damage.
c. 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.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
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 impairment to them or contamination from them 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 minimize 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 developments which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 463, 5-4-87)
5. Review of Building Permits: Where elevation data is not available, either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that the 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, the City's contour flood plain map, etc., where available. Failure to elevate at least two feet (2') above grade in flood hazard areas may result in higher insurance rates. (Ord. 488-91, 7-8-91)
B. Specific Standards: In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection 13-1-6B of this Chapter, "Basis for Establishing the Areas of Special Flood Hazard", or subsection 13-1-7C2 of this Chapter, "Use of Other Base Flood Data", the following provisions are required: (Ord. 463, 5-4-87)
1. Residential Construction:
a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot (1') above the base flood elevation. (Ord. 499-93, 12-13-93)
b. 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 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 minimum of two (2) 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.
(2) The bottom of all openings shall be no higher than one foot (1') above grade.
(3) 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 floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
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 subsection 13-1-7C3b of this Chapter.
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection B1b of this section.
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level). (Ord. 463, 5-4-1987)
3. Manufactured Homes:
a. All manufactured homes to be placed or substantially improved on sites:
(1) Outside of a manufactured home park or subdivision; or
(2) In a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood;
shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot (1') above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's FIRM that are not subject to the above manufactured home provisions shall be elevated so that either: 1) the lowest floor of the manufactured home is elevated one foot (1') above the base flood elevation, or 2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (Ord. 547-04, 9-13-2004)
4. All Accessory Structures: Accessory structures, such as sheds and small unattached garages, located outside of the floodway may be exempt from elevation and floodproofing standards, provided the following conditions are met:
a. The accessory structures are not designed for human habitation;
b. The accessory structure shall be designed to have low flood damage potentials;
c. Accessory structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of water; and
d. Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other structures. (Ord. 488-91, 7-8-1991)
5. Recreational Vehicles: Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c. Meet the requirements of subsection B3 of this section and the elevation and anchoring requirements for manufactured homes. (Ord. 547-04, 9-13-2004)
C. Floodways: Floodways located within areas of special flood hazard established in subsection 13-1-6B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (Ord. 463, 5-4-1987)
1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provided demonstrating thorough hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (Ord. 547-04, 9-13-2004)
2. If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Ord. 463, 5-4-1987)
3. The city recognizes that utilities, flood prevention structures and improvement projects that are in the public's best interest must sometimes encroach on designated floodways. In compliance with FEMA regulations, the city will permit floodway encroachments under the following conditions:
a. The city has determined the proposed project to be of public necessity; and
b. FEMA has approved the proposed project. (Ord. 488-91, 7-8-1991)
D. Encroachments: The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood area more than one foot (1') at any point. (Ord. 463, 5-4-1987)