HomeMy WebLinkAboutord1987-0251
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INTRODUCED BY: CONSENT
REQUESTED BY: Public Works
DATE INTRODUCED: April 2, 1987
ORDINANCE NO. 87 -25
AN ORDINANCE AMENDING WHATCOM COUNTY CODE
CHAPTER 17 ENTITLED FLOOD DAMAGE PREVENTION, .
FOR THE PURPOSE OF INCORPORATING NEW FEDERAL
FLOOD DAMAGE PREVENTION REGULATIONS AS REQUIRED
BY THE NATIONAL FLOOD INSURANCE PROGRAM.
WHEREAS, In 1977, Whatcom County enacted a Flood Damage Prevention
Ordinance pursuant to Federal Requirements for community participation in the
National Flood Insurance Program; and
WHEREAS, at the time of its enactment, the Ordinance was in compliance
with mandatory Federal guidelines under the National Flood Insurance Program
for local flood damage prevention legislation; and
WHEREAS, the Federal government has recently adopted the new regulations
concerning flood damage prevention which local communities must incorporate
into their flood damage prevention legislation to continue to participate in
the National Flood Insurance Program; and
WHEREAS, participation in the National Flood Insurance Program provides
a direct benefit to the community by making flood insurance available at
reasonable cost, and participation in the National Flood Insurance Program is
a prerequisite for the use of Federal funds for projects in a flood plain,
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN:
Ordinance Section 1. Title 17 W.C.C. Amended. Whatcom County Code
Chapter 17 is hereby amended to read as follows:
Title 17
FLOOD DAMAGE PREVENTION
Chapters
17.04 General Provisions
17.08 Definitions
17.12 Administration
17.16 Flood Hazard Reduction
ORDINANCE -1-
Date drafted 2/26/87
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Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Findings of fact.
17.04.020 Statement of purposer and Liability Disclaimer
17.04.030 Methods of reducing flood losses.
17.04.040 Application of title
17.04.050 Basis for establishing areas of special flood hazard.
17.04.060 Abrogation and greater restrictions.
17.04.070 Interpretation.
17.04.080 Compliance required.
I-T BQ4rA9e wapak*ff and
17.04.090 Penalty for Non Compliance.
17.04.010 Findings of fact. The findings of fact are the following:
A. The flood hazard areas of whatcom County 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 obstruc-
tions 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. dated 9/23/77 See.
1.2).
17.04.020 Statement of purpose and Liability Disclaimer. This Chapter
is enacted as an exercise of the Dolice Dower of the County for the benefit
of the public at large. It is not intended to create a special relationship
with any individual, or individuals, nor to identify and protect any partic-
ular class of persons. The purpose of this Chapter is to promote,_the public
healthy safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas. The degree of flood protection
rewired by this title is considered reasonable for regulatory purposes and
is based_ on scientific and engineering considerations. Larger floods can and
will occur on occasion. Flood heights may be increased by manmade or natural
causes. This title does not imply that land outside of the areas of special
ORDINANCE -2-
Date drafted 2/26/8'7
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flood hazards or uses permitted within such areas will be free from flooding
or flood damages. This title shall not create liability on the part of
Whatcom County, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this title
or any administrative decision lawfully made thereunder. Nor shall the
County of Whatcom or any officer, agent, or employee thereof incur or be held
as assuming any liability by reason or in consequence of any permission,
certificate of inspection, inspection or approval authorized herein, or
issued or given as herein provided, or by reasons or consequence of any
things done or acts performed pursuant to the provisions of this Chapter.
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17.04.030 Methods of reducing flood losses. In order to accomplish its
purposes, this title 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;
ORDINANCE -3-
Date drafted 2/26/87
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DIVU1 L 11
B. Requiring that uses vulnerable to floods, including facilities which
serve such uses, shall be protected against flood damage at the time of
initial construction;
C. Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate 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 in
other areas. (Ord. dated 9/23/77 Sec. 1.4).
17.04.040 Application of title. This title shall apply to all areas of
special flood hazards within the jurisdiction of Whatcom County. (Ord. dated
9/23/77 Sec. 3.1).
17.04.050 Basis for establishing areas of special flood hazard. The
areas of special flood hazard identified by the Federal Insurance Administra-
tion are contained in a scientific and engineering report entitled "The Flood
Insurance Study for the County of Whatcom, Washington" (effective date Sept.
30, 1977,). The accompanying Flood Insurance Rate Maps, dated Sept. 30,
1977, are adopted by reference and declared to be a part of this title. The
flood insurance study is on file at the dDepartment of1•ltlriega -aed -tea
ad®iftialrrr�tri Public Works. (Ord. dated 9/23/77 Sec. 3.2).
17.04.060 Abrogation and greater restrictions. This title is not
intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this title and another ordinance, ease-
ment, covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail. (Ord. dated 9/23/77 Sec.
3.4).
17.04.070 Interpretation. In the interpretation and application of
this title, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
ORDINANCE -4-
Date drafted 2/26/87
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C. Deemed neither to limit nor repeal any other powers granted under
state statutes. (Ord. dated 9/23/77 Sec. 3.5).
17.04.080 Compliance required. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance
with the terms of this title and other applicable regulations. (Ord. dated
9/23/77 Sec. 3.3).
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17.04.090 Penalty for Non - Compliance. Any person, firm or corporation
violating any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor and each day during which such violation is continued or commit-
ted shall constitute a separate offense, and upon conviction thereof, shall
be punished by a fine of not more than Five Hundred ($500.00) Dollars, or by
,event Whatcom County from taking such other lawful action as is ncecssary
to prevent or remedyany violation.
17.08.010
1- T.08.015
17.08.020
17.08.030
17.08.040
ORDINANCE -5-
Date drafted 2/
Title 17.08
DEFINITIONS
denerally.
Administrator.
Appeal.
Area of shallow flooding.
Area of special flood hazard.
26/87
DRAFT' II
1 17.08.050 Base flood.
17.08.055 Breakaway Wall.
2 17.08.057 Coastal High Hazard Area.
17.08.060 Development.
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X7.98.986— Erpaaaiss- a €- ax- au�sti�g- �obi3� kwre i�et'1F here
.4 ou69i6Vieise.
17.08.999 .070 Flood or flooding.
5 17.080 -W .080 Flood Insurance Rate Map (FIRM).
17.087 }iA .090 Flood insurance study.
6 17.08.095 Floodway.
17.08r�-29 .100 Habitable floor.Lowest Floor.
7 V7-r"040 home�
17.08.110 Manufactured home .
8 17.08.120 Manufactured home park or subdivision.
17.08.140 New construction.
9 V7 x"0.59 New- rehifio- base - Sates- er -rehi le -here ,sabdi W 60"R,
17.08.160 Start of construction.
10 17.08.170 Structure.
17.08.180 Substantial improvement.
11 17.08.190 Variance.
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12 17.08.01.0 Generally. Unless specifically defined below, words or
13 phrases used in this title shall be interpreted so as to give them the
14 meaning they have in common usage or to give this title its most reasonable
15 application. (Ord. dated 9/23/77 Sec. 2.0 (part)).
16 1 .08.015 Administrator. Whenever the term "Administrator" is used it
17 shall mean the Dire for of Public Works or his.designee.
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18 17.08.020 Appeal. "Appeal" means a request for a review of the
19 �epartsea�- a € -hu- 131- ifts Administrator's interpre-
20 tation of any provision of this title or a request for a variance. (Ord.
21 dated 9/23/77 Sec. .2.0 (part)).
22 17.08.030 Area of shallow flooding. "Area of shallow flooding" means a
23 designated AO or Aff zone on the Flood Insurance Rate Map (FIRM). The base
24 flood depths range from one to three feet; a clearly defined channel does not
25 exist; the path of flooding is unpredictable and indeterminate; and, velocity
26 flow may be evident. AO is characterized as sheet flow and AH .indicates
27 ponding. (Ord. dated 9/23/77 Sec. 2.0 (part)).
28 17.08.040 Area of special flood hazard. "Area of special flood
29 hazard" means the land in the floodplain within a community subject to a.one
30 percent or greater chance of flooding in any given year. Designation on maps
31 always includes the letters A or V. (Ord. dated 9/23/77 Sec. 2.0 (part)).
32 17.08.050 Base flood. "Base flood" means the flood having a one
percent chance of being equalled or exceeded in any given year. Also
ORDINANCE -6-
Date drafted 2/26/87
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DRAFT II
referred to as "100 -year flood ". Designation on mans always includes the
letters A or V.(Ord. dated 9/23/77 Sec. 2.0 (part)).
17.08.055 Breakaway Wall. "Breakaway Wall" means a wall that is not a
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 damages to the elevated portion of the building or supporting
foundation system.
17.08.057 Coastal High Hazard Area. "Coastal High Hazard Area means
the area subject to high velocity waters, including but not limited to, storm
surge or tsunamis. The area is designated on the FIRM as Zone V1 -V30. VE or
V.
17.08.060 Development. "Development" means any manmade 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 located within the area of special flood hazard. (Ord.
dated 9/23/77 Soo. 2.0 (part)).
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- to-- ba$ € €iita4
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91A23v47- 9e9r-44- (part)}+
ORDINANCE -7-
Date drafted 2/26/87
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17.08.099.070 Flood or flood.. "Flood or flooding" means a general
and temporary condition of partial or complete inundation of normally dry
land areas from:
A. The overflow of inland or tidal waters; and /or
B. The unusual and rapid accumulation or runoff of surface waters from
any source. (Ord. dated 9/23/77 Sec. 2.0 (part)).
17.08.149.080 Flood Insurance Rate Map (FIRM). "Flood Insurance Rate
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Map" (FIRM) means the official map on which the Federal Insurance Administra-
tion has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community. (Ord. dated 9/23/77 Sec. 2.0
(part)).
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17.08.1. 18.090 Flood insurance study. "Flood insurance study" means the
official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary Map, and the water surface
elevation of the base flood. (Ord. dated 9/23/77 Sec. 2.0 (part)).
17.08.095 Floodway. " Floodway" means the channel of a river or other
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watercourse or land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than one foot.
17.08.1.29.100 F i.4 •ta4 -e- €l"PLowest Floor.
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star+ age- �rrr�7ose�- s-- a- lre� #te��s -- floor`:
(- Papt, }} "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
at 17.16.080(2).
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ORDINANCE -8-
Date drafted 2/26/87
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DRAFT t 1 I
tie -rega# red -aL # # #L #eeT-- 3� -doee- rwtr -#rwl+ Ada- Peoreatrbc ►rr+a�- vel�ia]�Be�r- tiPa�w,l
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17.08.110 Manufactured Home. "Manufactured home" means a structure,
transportable in one or more sections, which 1s 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 home" also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles. I
17.08.120 Manufactured Home Park or Subdivision. "Manufactured home
park or subdivision" means a parcel (or contiguous parcels) of land divided
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into two or more manufactured home lots for rent or sale.
17.08.140 New construction. "New construction" means structures for
Which the start of construction commenced on or after the effective date of
the ordinance codified in this title. (Ord. dated 9/23/77 Sec. 2.0 (part)).
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17.06.160 Start of construction. aSterti -e€- oor+a�riafon��- e¢eaAe -tie
€ii'at �laee�b@ Rtr- 8€- �AP9a8ARtr�eR9trl H0tr14B- 6€$- B$ Plif ithFP@- ibtrf�@r- tkkafi- i- MB6,:6le
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tt+a-OUage - does-- 4eob-- 4ae#ade- laeA
preperatioeT aue )3 ate- f�33�,- �ordoea- inoliide -tie
iwetabla�ioe -o €-sfi eeSa�ndfor nor does
does- fti-fBOlade- e�tiavatrie�r -€or -a
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ORDINANCE -9-
Date drafted 2/26/87
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DRAFP II
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tre -fib -8 'f$il9d- 'i- #r101ild Rgy--B' t► �3- ® #R #mHYT- fii�ie- 4e66tMOtri -0o-0 e•r- 6•JrWHw
S #R&I— el e - grad# Rg - or -Ifibe 3Bd --I RBt �6ti�66 --6•€
Ittril-ktil"s - 4-0- eelpbet+e4r--- (•6rar- datied- 4/43P�T- £ee + - -2• -4' orA,r)i "Start of
Construction includes substantial improvement, and means the date the
i
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within 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 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 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.
17.02.170 Structure. "Structure" means a walled and roofed building er
eebf#e -gene including a gas or liquid storage tank that is principally above
ground. (Ord. dated 9/23/77 Sec. 2.0 (part)).
17.08.180 Substantial improvement. A. "Substantial improvement" means
any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty percent of the market value of the structure either:
1. Before the improvement or repair is started; or
ORDINANCE -10-
Date drafted 2/26/87
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✓lv4 a a a
2. If the structure has been damaged and is being restored, before
the damage occurred.
For the purpose 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. (Ord. dated
9/23/77 Sec. 2.0 (part)).
17.08.190 Variance. "Variance" means a grant of relief from the
requirements of this title which permits construction in a manner that would
otherwise be prohibited by this title. (Ord. dated 9/23/77 Sec. 2.0 (part)).
Chapter 17.12
ADMINISTRATION
Sections:
17.12.010 Establishment of development permit.
17.12.020 Administrative department -- Designated.
17.12.030 Administrative department -- Duties and responsibilities.
17.12.040 Variances -- Appeals board established -- Factors taken into
account -- Maintenance of records.
17.12.050 Variances -- Conditions for issuance.
17.12.010 Establishment of development permit. A development permit
shall be obtained before construction or development begins within any area
of special flood hazard established in Section 17.04.050. 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" Application for a development permit
shall be made on forms furnished by the d•Department of b*k1d4 *&- an4 -eedea
ad�ie►i$frsfiew Public Works and may include, but not be limited to, plans in
duplicate drawn to scale showing the nature, location, dimensions, and
ORDINANCE -11-
Date drafted 2/26/87
DRAI1' I I
1 elevations of the area in question, existing or proposed structures, fill,
2 storage of materials, drainage facilities, and the location of the foregoing.
3 Specifically, the following information is required:
4 A. Elevation in relation to mean sea level, of the lowest floor
5 (including basement) of all structures;
6 B. Elevation in relation to mean sea level to which any structure has
7 been floodproofed;
8 C. Certification by a registered professional engineer or architect
9 that the floodproofing methods for any nonresidential structure meet the
10 floodproofing criteria as provided in Section 17.16.090; and
11 D. Description of the extent to which any watercourse will be altered
12 or relocated as a result of proposed development. (Ord. dated 9/23/77 sec.
13 4.1).
14 17.12.020 Administrative department -- Designated. The department of
1 5 Public Works is appointed to administer
16 and implement this title by granting or denying development permit applicati-
17 ons in accordance its provisions. (Ord. dated 9/23/77 Sec. 4.2).
18 17.12.030 Administrative department -- Duties and responsibilities. The
19 duties of the dDepartment of 1D-" 14isff& - aad- eedes- aa® #n#e#ra# 4ea Public Works
20 shall include, but not be limited to:
21 A. Permit Review. The dDepartment of i rl fr -aw&-eedee-aAa#e#etra-
22 tka Public Works shall:
23 1. Review all development permits to determine that the permit
24 requirements of this title have been satisfied;
25 2. Review all development permits to determine that all necessary
26 permits have been obtained from those federal, state or local governmental
27 agencies from which prior approval is required;
28 3. Review all development permits to determine if the proposed
29 development adversely affects the flood - carrying capacity of the area of
30 special flood hazard. For purposes of this chapter, "adversely affects"
31 means that the cumulative effect of the proposed development, when combined
32 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.
ORDINANCE -12-
Date drafted 2/26/87
DIW-1' Li
1 B. Use of Other Base Flood Data. When base flood elevation data has
2 not been provided in accordance with Section 17.04.050 liBasis for *Establish -
3 ing the &Areas of sS�ecial €Flood hHazard, the dDepartment of b1tId4ago aad
4 seder - sttreSit►a Public Works shall obtain, review, and reasonably
5 utilize any base flood elevation and floodway data available from a federal,
6 state or other source, in order to administer Sections 17.16.98A070, aS.pe-
7 cific s Standardsr- rea} deetiia}- oeaekrao-tri�x�e�-} ��i6r&99r��ec+flri�-ekeacierdar
8 and 17.16.120 Floodways.
9 C. Information To Be Obtained and Maintained. The dDepartment of
10 b*i- ldiage and-sod" Public Works shall:
11 1. When base flood elevation data is provided through the Flood
12 Insurance Study or required as in Section 17.12.030(B), o6btain and record
13 the actual elevation (in relation to mean sea level) of the lowest habitable
14 floor (including basement) of all new or substantially improved structures;
15 2. For all new or substantially improved floodproofed structures:
16 a. Verify and record the actual elevation (in relation to
17 mean sea level), and
18 b. Maintain the floodproofing certifications required in
19 Section 17.12.010(A).
20 3. Maintain for public inspection all records pertaining to the
21 provisions of this title.
22 D. Alteration of Watercourse. The department of buildings and codes
23 administration shall:
24 1. Notify adjacent communities and the Washington State Depart -
25 ment of Ecology prior to any alteration or relocation of a watercourse, and
26 submit evidence of such notification to the Federal Insurance Administration;
27 2. Require that maintenance is provided within the altered or
28 relocated portion of said watercourse so that the flood carrying capacity is
29 not diminished.
30 E. Interpretation of FIRM boundaries. The dDepartment of ko"141flga
31 Public Works shall make interpretations where
32 needed, as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between a
ORDINANCE -13-
Date drafted 2/26/87
DRAFT II
1 mapped boundary and actual field conditions). The person contesting the
2 location of the boundary shall be given a reasonable opportunity to appeal
3 the interpretation as provided in Section 17.12.040.
4 F. Required Submission of Additional Information. The depaPtaee>r -e€
5 Administrator shall have authority to
6 require the applicant to submit information certified by licensed profes-
7 sional land surveyors, architects or engineers as may be reasonably necessary
8 to assure conformance with the standards of this title. (Ord. dated 9/23/77
9 Sec. 4.3).
10 17.12.040 Variances -- Appeals board established -- Factors taken into
11 account -- Maintenance of records. Appeal Board.
12 A. The Hearing Examiner
13 as established by Whatcom County shall hear and decide appeals and requests
14 for variances from the requirements of this title.
15 B. The be&Pd- a €- "Joatms" Hearing Examiner
16 shall hear and decide appeals when it is alleged there is an error in any
17 requirement, decision, or determination made by the degaPkaas�- a €- #3d4age
18 a"- eedee - Administrator in the enforcement or administration
19 of this title.
20 C. Those aggrieved by the decision of the Hearing
21 Examiner, or any taxpayer, may appeal such decision to the Superior Court, as
22 provided in RCW Chapter 36.70.
23 D. In passing upon such applications, the apsesl- Heard Hearing
24 Examiner shall consider all technical evaluations, all relevant factors,
25 standards specified in other sections of this title, and:
26 1. The dlanger that materials may be swept onto other land to the
27 injury of others;
28 2. The danger of life and property due to flooding or erosion
29 damage;
30 3. The susceptibility of the proposed facility and its contents to
31 flood damage and the effect of such damage on the individual owner;
32 4. The ;importance of the services provided by the proposed
facility to the community;
i
ORDINANCE -14-
Date drafted 2/26/87'
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32 1
Mutr1 11
5. 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;
7. The compatibility of the proposed use with existing and
anticipated development;
8. The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
9. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, the
sediment transport of the flood waters and the effects of wave action, if
i
applicable, 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, and water systems, and streets and
bridges.
S. 84
6eaeP8I#gr --v "a ea-- Rerg-4 0-- 1-9ewed-- €eP-- fiGw-- eewatiPUeti#ea --MW
aerl�etaet# a�-# m€ Pevemea�B- �a- �- ePec►tied- �e- a- det -of- one- ba3- P- t+oc� -c►P• ]�ee4 -ief
8• #8b - tfODG#$v Wl� -� e-- 9[�- 6Ni�PeH6�b�--��- �Oti6'-M# tih-
i$PM?$Bd - beieM- fibs- tflfle-€ deod- dovoll- �-- #teoe-- l-- tl�Pewgh -t �-ir6�YY1►Yeo-
tisa- B- of -t$ "- Beet# ea -hePe teem- €*1.1•g- 8988#dePedr - -As- the
-�Bt -S ae- iaePe�aee
teyead -t ired- for-#as�tiag
$lie- iFa•P�8N66- 1�ePe8.898*
RE. Upon consideration of the factors of subsection D of this section
and the purposes of this title, the seai�g- adueteP- fla�feP- teams- e€- adjwt-
meet Hearing Examiner may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this title.
6F. The Hearing Examiner
shall maintain the records of all appeal actions and report any variances to
the Federal Insurance Administration upon request. (Ord. dated 9/23/77 Sec.
4.4 -1).
ORDINANCE -15-
Date drafted 2/26/87
UIttul1 11
1 17.12.050 Variances -- Conditions for issuance. A. Generally, the only
2 condition under which a variance from the elevation standard may be issued is
3 for new construction and substantial improvements to be erected on a lot of
4 one -half acre or less in size contiguous to and surrounded by lots with
5 existing structures constructed below the base flood level, provided items
6 (I -II) in Section 17.12.040.D(4) have been fully considered. As the lot size
7 increases the technical justification required for issuing the variance
8 increases.
9 kB. Variances may be issued for the reconstruction, rehabilitation or
10 restoration of structures listed on the National Register of Historic Places
11 of the State Inventory of Historic Places, without regard to the procedures
12 set forth in the remainder of this section.
13 BC. Variances shall not be issued within any designated floodway if any
14 increase in flood levels during the base flood discharge would result.
15 6D. Variances shall only be issued upon a determination that the
16 variance is the minimum necessary, considering the flood hazard, to afford
17 relief.
18 RE. Variances shall only be issued upon:
19 1. A showing of good and sufficient cause;
20 2. A determination that failure to grant the variance would result
21 in exceptional hardship to the applicant; and
22 3. A determination that the granting of a variance will not result
23 in increased flood heights, additional threats to public safety, extraor-
24 dinary public expense, create nuisances, cause fraud on or victimization of
25 the public as identified in Section 17.12.040(D), or conflict with existing
26 local laws or ordinances.
27 F. Variances as interpreted in the National Flood Insurance Program
28 are based on the general zoning law principle that they pertain to a physical
29 piece of property; they are not personal in nature and do not pertain to the
30 structure, its inhabitants, economic or financial circumstances. They
31 primarily address small lots in densely populated residential neighborhoods.
32 As such, variances from the flood elevations should be quite rare.
ORDINANCE -16-
Date drafted 2/26/87
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UIV_ l it
G. Variances may be issued for nonresidential buildings in very
limited circumstances to allow a lesser degree of floodproofing than water-
tight or dry- floodproofing, where it can be determined that such action will
have low damage potential, complies with all other variance criteria except
17.12.050(A), and otherwise complies with Sections 17.16.020 and 17.16.030 of
the GENERAL STANDARDS.
5H. 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. dated 9/23/77 Sec. 4.4 -2).
Chapter 17.16
FLOOD HAZARD REDUCTION
Sections-
17.16.010 General standards
17.16.020 Anchoring.
17.16.030 Construction materials and methods.
17.16.040 Utilities.
17.16.050 Subdivision proposals.
17.16.060 Review of building permits.
17.16.070 Specific standards.
17.16.080 Residential construction.
17.16.090 Nonresidential construction.
17.16.100 Mleb ##a- homes- Manufactured homes.
17.16.110 Agricultural buildings.
17.16.120 Floodways.
17.16.130 Standards for shallow flooding areas (AO zones).
17.16.140 Coastal high hazard areas.
17.16.010 General standards. In all areas of special flood hazards the
standards set forth in Sections 17.16.020 through 17.16.060 are required.
(Ord. dated 9/23/77 Sec. 5.1 (part)).
17.16.020 Anchoring. A. All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse or lateral movement of
the structure.
13, k1lOb ale -f ee-- ei�abb- be- aAa�e�ei- fire - nea#s�- €dt►tafiion fie# psaT
er- -#etas---- by- -P+v #it�g -oe�` -rise— trip -- aaa-- €raa� -fiiee - te-- greitd
an"Orar --$See #i# a -re�iF #rams @ti8 - spa # #- �e- ti148tiF
ORDINANCE -17-
Date drafted 2/26/87
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DRAFT II
1,- 4)�-fi+uP• -tries -be- pr l�etl- efi►- �lt-a €- ��e-- fow�-0o es�-a€
the- aed10 - hexer- i+ti §- 1:we�ati#e�aalt -ti#ea- per- afde- ati- �wtsri�ts- leaatik�aT
utkth- aeDfla- hexes - #eae -mat►- f� fty --f�e� -bong - regi�iaitig one per
ait#et
ar-- -Frame heae- iFi�r�! -i�ve
add #>:keaab -tfea- per - a #de- efi- 3n#ie��ae�1s#�e- Po#nts�- w tlr- aob�l$ homes !Sss -thaa
fr #fr$g- €ee>: -1 sag-Pe�ul<Pieri9FFP
POP-aid"
Wind } r-- kltb- eeapeaeStie- e€- tihe- aaeheP# ag- ayakea- he�apabla- eg- earPying�
f91�ae- efr- f6MP- $heYaBA��#ghti -Wind peM9dat" slid
4r-- day -aAA# fir #tae- the aneheredr--(Qrd
detred�3�23���- S6er�5r� -L�.
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 FEMA's "Manufactured Home Installation in Flood Hazard Areaa"
guidebook for additional techniques).
17.16.030 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 con-
structed using methods and practices that minimize flood damage. (6rdr -dated
94243,4'- See 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.
17.16.040 Utilities. 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.
ORDINANCE -18-
Date drafted 2/26/87
DRAFT II
1 C. On -site waste disposal systems shall be located to avoid impairment
2 to them, or contamination from them, during flooding. (Ord. dated 9/23/77
3 Sec. 5.1 -3).
4 17.16.050 Subdivision proposals. A. All subdivision proposals shall
5 be consistent with the need to minimize flood damage.
6 B. All subdivision proposals shall have public utilities and facil-
7 ities such as sewer, gas, electrical, and water systems located and con -
8 structed to minimize flood damage.
9 C. All subdivision proposals shall have adequate drainage provided to
10 reduce exposure to flood damage.
11 D. Base -- eed•- - where base flood
12 elevation data has not been provided or is not available from another
13 authoritative source, it shall be generated for subdivision proposals and
14 other proposed development which contain at least fifty lots or five acres
15 (whichever is less). (Ord. dated 9/23/77 Sao. 5.1 -4).
16 17.16.060 Review of building permits. where elevation data is not
17 available, either through the flood insurance study or from another autbori-
18 tative source (17.12.O3O.B) applications for building permits shall be
19 reviewed to assure that proposed construction will be reasonably safe from
20 flooding. The test of reasonableness is a local judgement and includes use
21 of historical data, high water marks, photographs of past flooding, etc.,
22 where available. 4Aa3-/-7%- See.-- sr'Nr}T Failure to elevate at
23 least two feet above grade in these zones may result in higher insurance
24 rates.
25 17.16;070 Specific standards. In all areas of special flood hazards
26 where base flood elevation data has been provided as set forth in Section
27 17.04.050, basis for establishing the areas of special flood hazards, or
28 Section 17.12.O3O(B), use of other base flood data, the provisions set forth
29 in Sections 17.16.080 through 17.16.110 are required. (Ord, dated 9/23/77
30 Sec. 5.2 (part)).
31 17.16.080 Residential construction. A. New construction and substan-
32 tial improvement of any residential structure shall have the lowest floor,
ORDINANCE -19-
Date drafted 2/26/87
L1W1' 1 1 1
I including basement, elevated to or above base flood elevation. (�Pdr -dated
2 W43A 'F.- Saor- sr2 -1--r
3 B_ Fully enclosed areas below the lowest floor that are subject to
4 flooding are prohibited, or shall be designed to automatically equalize
5 hydrostatic flood forces on exterior walls by allowing for the entry and exit
6 of floodwaters. Designs for meeting this requirement must either be certi-
7 fied by a registered professional engineer or architect or must meet or.
8 exceed the following minimum criteria:
9 L. A minimum of two openings having a total net area of not less
10 than one square inch for every square foot of enclosed area subject to
11 flooding shall be provided.
12 2_ The bottom of all openings shall be no higher than one foot
13 above grade.
14 L._ Openings may be equipped with screens, louvers, or other
15 coverings or devices provided that they permit the automatic entry and exit
16 of floodwaters.
17 17.16.090 Nonresidential construction. New construction and substan-
i8 tial improvement of any commercial, industrial or other nonresidential
19 structure:
20 A. Shall either have the lowest floor, including basement, elevated to
21 the level of the base flood elevation; or
22 B. Together with attendant utility and sanitary facilities, shall:
23 1. Be floodproofed so that below the base flood level the struc-
24 ture is watertight with walls substantially impermeable to the passage of
25 water;
26 2. Have structural components capable to resisting hydrostatic and
27 hydrodynamic loads and effects of buoyancy; and
28 3. Be certified by sodas- edot*,ie-
29 trat# ee-# R- eepau�8at# ea- w3fih- the a registered profes-
30 sional engineer or architect, that the design and methods of construction are
31 in accordance with accepted standards of practice for meeting provisions of
32 this subsection ape- eat#-a based on their development and /or review of the
structural design, specifications and plans. Such certifications shall be as
ORDINANCE -20-
Date drafted 2/26/87
DRAFr 11
1 set forth in Seotion 17.12.030(F) and shall be provided by the applioant or
2 required by the &Department of lo"141Rga- ate-- oodea - Publio
3 Works.
4 C. Nonresidential structures that are elevated, not floodproofed, must
5 meet the same standards for space below the lowest floor as described in
6 17.16.080.B.
7 D_ Applicants floodproofing nonresidential buildings shall be notified
8 that flood insurance premiums will be based on rates that are one foot below
9 the floodproofed level (e.g. a building constructed to the base flood level
10 will be rated as one foot below that level).
11 } '�rifsri�9-- �1e�#.3e-- Flomeez-- I Fr-- � #3a- 1�emee- si�l�r�a•anohot+ed-
12 damAa- r+iki► Sec } fricitt- l- ��ibrO2(#(-B} .
13 Br For -- new -- mobfl� -- how -- park - and -- aebA3e -- hems-- eub8 #v #e#enot- -for
14 ex"*s,1ewa- ke- -e*-io-b44 -- mob -fl$ -home- parka- er+d - aeb ##e -home- -fee
15 -parka - qoii-- aeh##e- he®e -� fvi $ io[1e- where -fi,� -reP+ i'T
16 reeeRa�rae�# error- fsareveaert�� €- �k+a�akreekar- u�fb #�#es and- padsua�r
17 execs da- € #€�Y-gereeRk- a €- �ra3e�e -of- t#ie $tre�terfl -lGiee ar+d- �de�e€ era -t►9e
18 eeMEeRee4 &Rd -€er- homes not
19 Plaaed- i$$ mobil& home - parse- or- aeb##e- bees,$+ rbd #rc#s#enr- #tehabb-he- re@ufred
20 16."t+
21 are - e #evated- oR-- oo®pauted
22 that- the- 3ewesb bees 4-1o"
23 iovo}t
24 2T and &Bass- #er- $- heu #er - are -pra-
25 ��dedtT
26 3+ # w- bke-# natanee- a €�#erab#en- ew- p #b #Rger -tit+
27 ar-- betrs- are- lar'ge-Sheugh- te- perMi4- steps}
28 br--P# -ling- €eundet#eae- atwe- fslaeed- #rr- ebab#a acsfl --RO- sera -the
29 1600 feet, apart;-ead
30 aei'e -o-ixr -€eat,
31 go@r4r2 -34r
32 17.16.100 Manufactured Homes. All manufaotured homes to be placed or
substantially improved within Zones Al -30. AH. and AE shall be elevated on a
IIORDINANCE -21-
Date drafted 2/26/87
I permanent foundation such that the lowest floor of the manufactured home is
2 at or above the base flood elevation and be securely anchored to an ade-
3 quately anchored foundation system in accordance with the provisions of
4 subsection 17.16.020.(B). .
5 17.16.110 Agricultural buildings. Agricultural buildings shall comply
6 with Section 17.16.090 unless the department of buildings and codes adminis-
7 tration, in consultation with the county engineer, is satisfied that the
8 proposed building with its utilities and equipment, and the proposed contents
9 of the building, are of such design or nature as to reasonably withstand
10 damages from flooding.
11 17.16.120 Floodways. Located within areas of special flood hazard
12 established in Section 17.04.050 are areas designated as floodways. Since
13 the floodway is an extremely hazardous area due to the velocity of flood
14 waters which carry debris, potential projectiles, and erosion potential, the
15 following provisions apply:
16 (1) Prohibit encroachments, including fill, new construction, substan-
17 tial improvements, and other development unless certification by a registered
18 professional engineer or architect is provided demonstrating that encroach-
19 ments shall not result in more than one foot increase in flood levels during
20 the occurrence of the base flood discharge.
21 (2) If Section 17.16.120(1) is satisfied, all new construction and
22 substantial improvements shall comply with all applicable flood hazard
23 reduction provisions of Section 17.16, FLOOD HAZARD REDUCTION.
24 17.16.130 Standards for shallow flooding areas (AO zones). Shallow
25 flooding areas appear on FIRM's as AO zones with depth designations. The
26 base flood depths in these zones range from 1 to 3 feet where a clearly
27 defined channel.does not exist, or where the path of flooding is unpredic-
28 table and where velocity flow may be evident. Such flooding is usually
29 characterized as sheet flow. In these areas, the following provisions apply:
30 A. New construction and substantial improvements of residential
31 stru9tyre5 w,itbin AO zones shall have the lowest floor (including basement)
32 elevated above the highest adjacent grade of the building site, to or above
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the depth number specified on the FIRM (at least two feet if no depth number
is specified).
B. New construction and substantial improvements of nonresidential
structures within AO zones shall either;
1. Have the lowest floor (including basement) elevated above the
highest adjacent grade of the building site, to or above the depth number
specified on the FIRM (at least two feet if no depth number is specified); or
2. Together with attendant utility and sanitary facilities, be
completely floodproofed 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 17.16.090.3..
C. Adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures shall be provided.
17.16.140 Coastal high hazard areas. Located within areas of special
flood hazard established in Section 17.14.050 are Coastal High Hazard Areas,
designated as Zones V1 -V30, VE and /or V. These areas have special flood
hazards associated with high velocity waters from tidal surges and, there-
fore, in addition to meeting all provisions in this ordinance, the following
rovisions shall also apply:
A. All new construction and substantial. improvements in Zones V1 -V30
and VE (V if base flood elevation data is available) shall be elevated on
pilings and columns so that:
1_ The bottom of the lowest horizontal structural member of the
lowest flood (excluding the pilings or columns) is elevated to or above the
base flood level; and
2. 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
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chance of being equalled 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
1. and 2. of this Section.
B. 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 and
VE, and whether or not such structures contain a basement. The local
administrator shall maintain a record of all such information.
C. All new construction shall be located landward of the reach of mean
high tide.
D. Provide that all new construction and substantial improvements have
the space below the lowest floor either free of obstruction or constructed
with nonsupporting breakaway walls, open wood lattioe -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
s
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 designs proposed meet the following conditions:
1. Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
2. 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 nonstructural). Maximum wind and
water loading values to be used in this determination shall each have a one
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percent chance of being equalled or exceeded in any given year (100 -year mean
recurrence interval).
E. If breakaway walls are utilized, such enclosed space shall be
usable solely for parking of vehicles, building access, or storage. Such
space shall not be used for human habitation.
F. Prohibit the use of fill for structural support of buildings.
G. Prohibit man -made alteration of sand dunes which would increase
otential flood damage.
PASSED this 7th day of May , 19 87
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Tom Burton
Chair
ATTEST: ( ✓) APPROVED ( ) VETOED
& " L 3aL
Carol Ebergson Shirley Van Anten
Clerk of the Council County Executive
Date: May 8, 1987
APPROVED AS TO FORM:
David Cottingham
Civil Deputy Prosecuting Attorney
Published on April 22, and May 13 , 19 87
This ordinance becomes effective on May 18, 1987
ORDINANCE -25-
Date drafted 2/26/87