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HomeMy WebLinkAboutORD 3537 Amended b9 ordinance No. 4071 CITY OF RENTON, WASHINGTON ORDINANCE NO. 3537 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON RELATING TO FLOOD HAZARD, DEFINING FLOOD HAZARD AREAS , GIVING AUTHORITY TO DEFINE THE LIMITS OF THE FLOODWAY AND FLOODWAY FRINGE , AND PRESCRIBING LAND USE REGULATIONS WITHIN FLOOD HAZARD AREAS . THE CITY COU14CIL OF THE CITY OF RENTON,:!WASHINGTON , DO ORDAIN AS FOLLOWS : SECTION I : Findings : The Council of the City of Renton finds that : (a) The flood hazard areas of Fenton are subject to periodic inundation by waters (flood) which endangers life and property , presents health and safety hazards , disrupts commerce and governmental services , and necessitates extraordinary public expenditures for flood protection and relief , all of which adversely affect the public health, safety and general welfare , and (b) These flood losses are caused by' the natural accumulation and ponding of floodwaters and the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities . Uses inadequately floodproofed, elevated or protected from flood damage or that otherwise encroach on the natural holding capacity of the floodplain also contribute to the flood loss . SECTION II : Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare , and to minimize public and private losses due to flood conditions in specific areas by enacting Provisions designed to : (a) Protect life and property by preventing the hazardous use of flood-prone lands ; (b) Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the floodplain; -1- (c) Minimize turbidity and pollution from upstream or surrounding development during a flood; (d) Minimize the expenditure of public money for remedial flood control measures ; (e) Minimize the need for rescue and relief efforts associate with flooding which are generally undertaken at the expense of the general public ; (f) Minimize damage to public facilities and utilities such as water and gas mains , electric , telephone and sewer lines , streets ai bridges located in flood hazard areas ; (g) Alert appraisers , assessors , owners , potential buyers , and lessees to the natural limitations of flood-prone land; (h) Ensure that those who occupy flood hazard areas assume responsibilit,,,- for their actions ; (i) Qualify the City of Renton and existing homes and businesses for participation in the Federal Flood 'Insurance Program; and (j ) Implement local , State and Federal flood protection programs . SECTION III : Policies and Standards for Reducing Flood Losses . In order to accomplish its purposes , this ordinance includes policies and standards to : (a) Restrict or prohibit uses which are dangerous to health , safety and property due to water or erosion hazards , or which result in damaging increases in erosion , flood heights or velocities ; (b) Require that uses vulnerable to floods , including facilities which serve such uses , be protected against flood damage at the time of initial construction ; (c) Control the alteration of natural flood plains , stream channels , and natural protective barriers , which help accommodate or channel flood waters ; (d) Control filling , grading , dredging and other development which may increase flood damage ; and -2- (e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas . SECTION IV: Definitions . Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to Give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of any action pursuant to this Ordinance , or of the interpretation of any provision of this ordinance by any City official . The provisions of Chanter 30 , Title IV shall apply . "BASE FLOOD" means the flood having a one percent chance of being equalled or exceeded in any given year, also referred to as the "100-vear flood" . "BASE FLOOD ELEVATION" means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Flood Insurance Administration or any other qualified person or agency described in Section V of this ordinance. "CITY" means the City of Renton or the City Council of Renton . "DEVELOPMENT" means any man-made change to improved or unimproved real estate , including but not limited to buildings or other structures , mining, dredging„ filling, grading, paving , excavatio or drilling operations located within flood hazard areas . "EXISTING MOBILE HOME PAPP. OR MOBILE HOPE SUBDIVISION4" means .a parcel (or contiguous parcels) of land divided into two or more mobile home 'Lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including , at a minimum, the installation of utilities , either final site grading or the pouring of concrete pads , and the construction of streets) is completed before the effective date of this ordinance . -3- "EXPANSION TO AN EXISTING MOBILE HOME PARD OR MOBILE HOME SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities , either final site grading or nouring of concrete pads , or the construction of streets) . "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 of runoff of surface eater from any source . "FLOOD HAZARD AREA" means the area within the floodplain consisting of the floodway , floodway fringe and any adjacent land whic has been included within the boundary indicated on the accompanying flood hazara area maps . "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which the Federal Flood Insurance Administration has delineated both the flood hazard areas and the risk premium zones applicable to the community . "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles , the Flood Boundary and Floodway Man. , Flood Insurance Rate Map. , and the water surface elevation of the base flood. "FLOOD PLAIN" means that nor.tion of a river or stream channel and adjacent lands consisting of the floodway and floodway fringe which are subject to the base flood. "FLOOD SEASON" means the period from November 1 to March 31 during which , historically , the frequency , distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. -4- "FLOODWAY" means the regular channel plus that portion of the flood plain which has been defined as floodway and delineated on maps by the Federal Insurance Administration or by any qualified person or agency described in Section V of this ordinance . "FLOODWAY FRINGE" means that portion of a floodplain which is not floodway . "HABITABLE FLOOR" means any floor usable for living purposes , which includes working , sleeping , eating , cooking or recreation , or a combination. thereof. A floor used exclusively for storage purposes is not a "habitable floor" . "MOBILE HOME" means a structure that is transportable in one or more sections , built on a permanent chassis , designed to be used with or without a permanent foundation when connected to the renuired utilities and intended for human habitation. It does not include recreational vehicles or travel trailers . "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance . "NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a parcel (or contiguous parcels) of 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, filling , the installation of utilities, either final site grading or the pouring of concrete pads , and the construction of streets) is begun on or after the effective date of this ordinance .. "START OF CONSTRUCTION" means the first placement of Dermanent construction on a site . Permanent construction includes land preparation, such as clearing , grading and filling , the installation of streets , walkways and utilities , excavation for a basement , footings , piers or foundations , the pouring of slabs or footings , the first permanent framing or assembly of a structure or any part thereof on its piling or foundation or any other work beyond the stage of excavation . -5- "STRUCTURE" means a walled and roofed building or mobile home that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction or improvement of a structure , the cost of which equals or exceeds 50 percent of the appraised fair market value of the structure either : (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored , before the damage occurred, For the purposes of this definition "substantial improve- ment" is considered to occur when the first altera- tion of any wall , ceiling , floor , or other structural part of the building commences , whether or not that alteration affects the external dimensions of the structure . The term does not , however , include either : (a) anv project for improvement of a structure to comply with existing state or local health , sanitary, or safety code specifications which are necessary solely to assure safe living conditions , or (b) any alteration of a structure listed on the National Register of Historic Places or a recognized state or local inventory of historic places . "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance . The provisions of Section 722 (G) , Title IV shall apply . SECTION V: Authority . The Flood Insurance Study , including the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map , prepared by the Federal Insurance Administration for the City of Renton is hereby adopted as a part of this chapter as if fully set forth herein. The Flood Insurance Study and Maps shall provide . the base information by which the provisions of this ordinance shall be administered. Where the Flood Insurance Study , FIRM and Floodway Map do not provide adequate information , the City of Renton, through the Public Works , Building and Planning Departments, shall consider and interpret information produced by the Army Corps of Engineers , Soil Conservation Service , Department of Housing and Urban Development or any other qualified person or agency to determine the location of flood plains , floodways or floodwav fringes . -6- SECTION VI : Maps . Flood hazard areas , as shown and defined on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map prepared by the Federal Insurance Administration and adopted herein , shall be shown and defined on City zoning maps which shall become a part of this title by adoption by the City subject to the provisions of Section 4-725 of the Renton Zoning Code , Chapter 7 of Title IV. Copies of the maps shall be maintained for inspection by the public in the Planning Department . SECTION VII : Information to be obtained and maintained. The City will obtain from the applicant , and maintain a record of, the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures within a Flood Hazard Area and whether or not the structure contains a basement . This information shall be maintain, by the Building Department . SECTION VIII : Floodways . Within areas designed as floodways , the following provisions shall apply : (a) The following shall not be permitted in a known floodway : (1) Any permanent building or structure designed to be used year-round for human habitation, commerce , employment , or public assembly ; (2) Any structure , excavation , landfill or grading which would cause water to be diverted from the established floodway , cause erosion, obstruct the natural flow of water , increase the potential for turbidity or pollution , materially reduce the carrying capacity of the floodway or raise the elevation of the 100-year flood ; (3) During, the flood season , the construction or storage of any object or material which would be subject to flotation and movement ; (b) Any development or substantial improvement which satisfie, the provisions of Section VIII (a) may be permitted when permitted in the underlying zoning classification provided that all permanent or year-round buildings are either located outside the floodway , or if located in the floodway , can be flood-proofed according to the provisions of Sections X and XI with no obstruction , diversion , or loss of carrying capacity . -7- (c) Dwellings , and structures or buildings relating to commerce , employment or public assembly which are seasonal in nature and either mobile or readily disassembled; and are removed from the floodway during the flood season may be permitted when permitted in the underlying zoning classification. (d) Except during the flood season, the storage of equip- ment , machinery and building materials may be permitted when permitted in the underlying zoning classification. SECTION IX: Floodway Fringe_ Within areas designated as floodway fringe , the following shall not be permitted: (a) Any structure , development , landfill or grading which , if generally permitted would : (1) reduce significantly the natural holding capacity or raise the elevation of the surrounding or upstream flood plain; or (2) Pollute or contribute materially to the turbidity of flood water at the base flood stage ; (b) Any permanent structure which is not fully protected from water damage at the base flood level' or not constructed with materials and in a manner to minimize flood damage as specified in Sections X and XI ; PROVIDED that uses permitted in the floodway may be permitted in the floodway fringe , and seasonal restrictions may be reduced. SECTION X: General Standards for Flood Hazard Protection . In all flood hazard areas , the following general standards for flood hazard protection shall apply : (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure . (b) All new construction and substantial improvements shall be constructed: (1) With materials and utility equipment resistant to damage by flood waters ; and (2) Using methods and practices that minimize flood damage . (c) Utilities shall be designed and installed under the following provisions : (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and disch*arge from the systems into flood waters ; and (3) On-site waste disposal. systems are prohibited -3- (d) All subdivision proposals shall : (1) Be consistent with the need to minimize flood damage ; (2) Have public utilities and facilities such as sewer , gas , electrical and water systems located and constructed to minimize flood damage; and (3) Have adequate drainage provided to reduce exposure to flood damage . SECTION XI : Specific Standards for Flood Hazard Protection. In all areas of flood hazard, the following specific standards for flood hazard protection shall apply : (a) New construction and substantial improvement of any residential structure shall have the lowest floor , including basement , elevated to or above the base flood elevation . (b) New construction and substantial improvement of any commercial , industrial or other non-residential 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 : (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water . (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy ; and (3) Be certified by a registered professional engineer that the standards of this subsection are satisfied. (c) Mobile homes shall be protected from flood hazards under the following provisions : (1) All mobile homes shall be anchored to resist flotation , collapse , or lateral movement by providing over-the-top and frame ties to ground anchors . Specific requirements shall be that : a . Over-the-top ties be provided at each of the four corners of the mobile home , with two additional ties per side at intermediate locations , with mobile homes less than 50 feet long requiring one additional tie per side ; b . Frame ties be provided at each corner of the home with five additional ties per side at intermediate points , with mobile homes less than 50 feet long requiring four additional ties per side ; _o- c . All components of the anchoring system be capable of carrying a force of 4,1300 pounds ; and d. Any additions to the mobile home be similarly anchored. (2) For new mobile home parks and mobile home sub- divisions ; for expansions to existing mobile home parks and mobile home subdivisions ; for existing mobile home parks and mobile home sub- divisions where the repair , reconstruction or improvement of the streets , utilities and pads equal or exceed 50 percent of value of the streets , utilities and pads before the repair, reconstruction or improvement has commenced; and for new mobile homes not placed in a mobile home park or mobile home subdivision , require that : a. Stands or lots are eldvated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level ; b . Adequate surface drainage is provided; C . Access for a mobile home hauler are provided ; and d. In the instance of elevation on pilings , that : lots are large enough to permit steps , piling foundations are placed in stable soil no more than ten feet apart , and reinforcement is provided for pilings more than six feet above the ground level . (3) No mobile home shall be placed in the floodway , except as provided under the seasonal restrictions specified in Section VIII c . SECTION XII : Permits and Licenses - Approval Required. No permit or license for structures or the development or use of land shall be issued by the City within a flood hazard area unless approvcc. by the Building Official . Such approval shall be based on a review of the provisions set forth in this chapter and the technical findings and recommendations of city departments including , but not limited to the Fire , Public Works and Planning Departments . Compliance with the provisions of this chapter does not obviate the need to obtain other permits which may be required pursuant to state or federal law including approvals required from the Washington State Departments of Social and Health Services and/or Ecology relating to water and/or sewer systems which ensure that water and sewer systems will be designed to avoid infiltration inflow or impairment . _ � P - 1.0- SECTION XIII : Procedural Requirements . City permits or licenses which relate to the development and use of land within a flood hazard area shall be referred to the Building Department by the issuing department for approval . If it can be determined from informa tion at hand that the property does not lie in a flood hazard area, the department may approve the permit or license directly . If it appears that the property may lie in the floodway or floodway fringe , the Building Department shall require its owner to submit information necessary to determine if in fact the property lies within the floodway or floodway fringe . If the proposed development contains at least 50 lots or 5 acres (whichever is less) , base flood elevation data shall be provided by the applicant . If it is determined that the property lies within the floodway or floodway fringe , the applican shall be required by the Building Department to submit such surveys , plans and supporting documents as are necessary to determine the applicability of city regulations to the proposed structure , developme or use . The Building Department shall consider not only the individua structure , development or use , but shall also consider it in combina- tion with existing and future similar structures , developments and uses . Whenever technical information is furnished to the City by an applicant , the City shall consider such report in acting upon the requested permit . The Building Official shall , within a reasonable time , indicate approval or disapproval of the requested permit or license ; and if approved, the conditions of approval , in a letter to the issuin- department , with copies to the applicant , commenting department , other agencies , and other known parties of g s interest . Whenever any alteration or relocation of any watercourse is proposed, the Building Official shall notify adjacent communities prior to such relocation or alteration and submit such notifications to the Federal Emergency Management Agency . Within the altered or relocated portions of a watercourse , adequate flood carrying capacity shall be maintained. -].1 - SECTION XIV: Variances : The Board of Adjustment or the Hearin, Examiner, whichever is afforded ,jurisdiction under theP rovisions of Section 4-722 (G) as amended, shall have the authority to grant a variance from the provisions of this title when the conditions set fort. in Section XIV (d) have been found to exist and the criteria set forth_. in Section XIV (e) have been considered; PROVIDED, that any variance granted shall be subject to such conditions as will assure that the variance thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity in which subject property is situated. The public notice and hearing procedures set forth in Title IV Section 722 (G) , as amended, and the following provisions , shall apply to variances from the provisions of this ordinance. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a recognized state or local inventory of historic places , without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessarv, considering the flood hazard, to afford. relief, (d) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights , additional threats to public safety, extra- ordinary public expense , the creation of nuisances or conflict with existing local 1$ws or ordinances . (e) In reviewing applications for variances the Board of Adjustment or the Hearing Examiner shall consider all technical evaluations , all relevant factors and standards specified in other sections of this ordinance , and: (1) The danger that materials may be swept onto other lands to the injury of other; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; n (5) The avialability of alternative locations ; for the proposed use which are not subject to flooding or erosion damage ; (6) The compatibility of the proposed use with existing and anticipated development ; (7) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area ; (S) The safety of access to the property in times of flood for ordinary and emergency vehicles ; (9) 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 (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 . (f) Upon consideration of the factors in Section XIV (e) and the purposes of this ordinance , the Board of Adjustment or Hearing Examiner may attach such conditions to the granting of variances as deemed necessary to further the purposes of this ordinance . (g) Anv applicant to ,nom a variance is granted shall be -iven written notice that the structure will be permitted to be built with exceptions to one or more of the provisions of the ordinance and that the cost of flood insurance will be commensurate with the increased risk resulting from the granting of the variance. (h) The Building Department shall maintain the ._ recoras of all variances and report them to the Federal Insurance Administration upon request . SECTION XV: Appeals . The decision of any City official to approve or disapprove a permit or license in a Flood Hazard area may be appealed to the Hearing Examiner . The requested permit or license shall not be issued by a City Department during the appeal period. (a) The procedures for appeals from administrative determinations set forth in Title IV Section 3011 (B) , as amended , shall apply . In addition to the criteria established in Section 3011 (B) as amended , the Hearing Examiner shall consider all technical evaluations , all relevant standards , and the criteria specified in Section XIV (e) above . -13- (b) Pursuant to Chapter 30 , Title IV, the Hearing Examiner shall prepare a written report and decision containing findings and conclusions which show how its decision implements the purposes of this chapter and is consistent with the criteria , standards , and limita- tions of this chapter. (c) The decision of the Hearing Examiner shall be final and conclusive unless , within twenty (20) calendar days from the day of the Hearing Examiner ' s decision , an aggrieved party obtains a writ of certiorari from King County Superior Court for the purpose of review of the action taken . SECTION XVI : Severability` The invalidity or unconstitution ality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or uncon- stitutional . SECTION XVII : This Ordinance shall be effective upon its passage , approval and legal publication.. PASSED BY THE CITY COUNCIL this 4th day of May , 1981 De ores A. Me a, City Clerks Pro tem APPROVED BY THE DIAYORAthis 4th day ofMay 1981 . Richard M. Stredicke, Mayor Pro tem Approved as to form: Lawrence J . Warren, City Attorney Date of Publication : May 8, 1981 (Summary Foran) -14-