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HomeMy WebLinkAbout37471 ORDINANCE NO. ___________ AN ORDINANCE of the City of Port Angeles, Washington amending portions of Chapter 15.12 of the Port Angeles Municipal Code. WHEREAS, the City is being required by the Federal Emergency Management Agency (FEMA) to update Port Angeles Municipal Code (PAMC) “Flood Damage Prevention” to meet current federal and state standards; and WHEREAS, a determination of non-significance was issued on June 8, 2024; and WHEREAS, the Planning Commission held a public hearing at the regular meeting on March 26, 2025 and recommended approval of the proposal; and Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. – Amendments to Chapter 15.12 PAMC. Chapter 15.12 PAMC is hereby amended as described in Attachment A, which is incorporated by reference herein. Section 2. - Classification. The amendments set forth by this ordinance are of general and permanent nature and shall become a part of the Port Angeles Municipal Code Section 3. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Docusign Envelope ID: 6784EB26-0119-420A-A9A2-3208040AE70C 3747 2 Section 4. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on April 23, 2025, as required by The Flood Insurance Study (FIS) for Clallam County, WA and incorporated areas. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of ___________, 2025. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk Docusign Envelope ID: 6784EB26-0119-420A-A9A2-3208040AE70C April 15th Attachment A Page 1 of 25 Only those portions of Chapter 15.12 PAMC detailed in this attachment are being modified. All other portions of Chapter 15.12 PAMC remain unchanged. CHAPTER 15.12 FLOOD DAMAGE PREVENTION ARTICLE I. GENERAL PROVISIONS 15.12.010 Title. This chapter may be cited as the Flood Damage Prevention Chapter of the City of Port Angeles. 15.12.020 Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas of the City, by provisions designed: 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, and 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 those who occupy areas of special flood hazard assume responsibility for their actions; H. To assure the availability of flood insurance within the City of Port Angeles. 15.12.030 General provisions. A. Lands to which this chapter applies: This chapter shall appliesy to all areas of special flood hazards within the jurisdiction of the City of Port Angeles. B. Basis for establishing the areas of special flood hazard: The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Clallam County, WA and incorporated areas, dated April 23, 2025, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated April 23, 2025, and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled Flood Insurance Study for the City of Port Angeles, dated February, Page 2 of 25 1980, and revised September 28, 1990, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Map(s) are on file at the office of the City Clerk, 321 East Fifth Street, Port Angeles, Washington 98362. The best available information for flood hazard area identification as outlined in PAMC 15.12.22090(B) shall will be the basis for regulation until a new FIRM is issued that incorporates data under PAMC 15.12.200090(B). 15.12.040 Compliance required. It is unlawful to No structure or land shall hereafter be constructed, located, extended, converted or altered any structure or land in violation without compliance with the terms of this chapter as well as all other applicable regulations. 15.12.050 Interpretation and application. In the interpretation and application of this chapter, all provisions shallbeare: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 15.12.060 More stringent regulations to apply in case of conflict. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Should the provisions of this chapter and any other ordinance, easement, covenant or deed conflict or overlap, whichever regulation imposes the more stringent regulations shall prevails. 15.12.070 Disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes; it 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 hazard or uses permitted within such areas will be free from flood damages. This chapter shall does not create liability on the part of the City, any employee or officer thereof, or the Federal Insurance Administration, during any flood damages that may result from a reliance on this chapter, or any administrative decision made hereunder. 3.8 Severability This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. ARTICLE II. DEFINITIONS 15.12.080 Definitions Page 3 of 25 The following definitions apply to this Chapter, unless the context indicates otherwise: ”Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. 15.12.075 Appeal. "Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. 15.12.076 Area of shallow flooding. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). AO Zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. 15.12.080 Area of special flood hazard. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers. 15.12.081 Baseflood. "Baseflood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). Designated on Flood Insurance Rate Maps by the letters A or V. “Base Flood Elevation” means the elevation to which floodwater is anticipated to rise during the base flood. 15.12.082 Basement. "Basement" means any area of the building having its floor sub-grade (below ground level) on all sides. “Building”: See "Structure." “Building Code” means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council. 15.12.090 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 damage to the elevated portion of the building or supporting foundation system. Page 4 of 25 15.12.100 Coastal high hazard area. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1—30, VE or V. 15.12.102 Critical facility. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. 15.12.104 Cumulative substantial damage. "Cumulative substantial damage" means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. 15.12.110 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 or storage of equipment or materials located within the area of special flood hazard. 15.12.112 Elevation certificate. "Elevation certificate" means the administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). 15.12.114 Elevated building. "Elevated building" means for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns. 15.12.115 Essential Facility. “Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24. Table 1-1 in ASCE 24- 14 further identifies building occupancies that are essential facilities. 15.12.116 Existing manufactured home park or subdivision. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. 15.12.118 Expansion to an existing manufactured home park or subdivision. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be Page 5 of 25 affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 15.12.120 Flood or flooding. “Flood” or “Flooding” means: 1) A general and temporary condition of partial or complete inundation of normally dry land areas from: a) The overflow of inland or tidal waters. b) The unusual and rapid accumulation or runoff of surface waters from any source. c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition. “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS). 15.12.130 Flood Insurance Rate Map (FIRM). "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 15.12.140 Flood Insurance Study (FIS). "Flood Insurance Study" (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See "Flood or flooding." Page 6 of 25 “Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. 15.12.150 Floodway. "Floodway" means 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 thanone foot a designated height. Also referred to as "Regulatory Floodway." “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. 15.12.155 Increased cost of compliance. "Increased cost of compliance" means a flood insurance claim payment up to $30,000.00 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (More information can be found in FEMA ICC Manual 301.) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is: 1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Page 7 of 25 3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. 15.12.160 Lowest floor. "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 chapter found at 15.12.270150(A)1. 15.12.163 Manufactured home. "Manufactured home" means 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 attached to the required utilities. For the purposes of this chapter only, this term includes park model manufactured homes. The term "manufactured home" does not include a recreational vehicle. 15.12.166 Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. 15.12.180 New construction. "New construction" means for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 15.12.185 New manufactured home park or subdivision. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Page 8 of 25 “One-hundred-year flood” or “100-year flood”: See "Base flood." “Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable date known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the Highest Adjacent Grade. 15.12.187 Recreational vehicle. "Recreational vehicle" means a vehicle, A. Built on a single chassis; B. 400 square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 15.12.190 Start of construction. "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 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 15.12.200 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank as well as a manufactured home that is principally above ground. 15.12.205 Substantial damage. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Page 9 of 25 15.12.210 Substantial improvement. "Substantial improvement" means any reconstruction, rehabilitation, addition, repairs, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the 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 improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commenced, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: A. Any project for improvement of a structure to correct pre-cited existing violations of State or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 15.12.215 Variance. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “Water surface elevation” means Tthe height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 15.12.2176 Water dependent. "Water dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. ARTICLE III. ADMINISTRATION 15.12.220090 Duties of Director of Public Works and Utilities Community and Economic Development. The Director of Public Works and Utilities Community and Economic Development shall be is primarily responsible for the administration and implementation of this chapter. While executing these duties, the Director of Community & Economic Development will be considered the City of Port Angeles’ “Floodplain Administrator”. The Director of Public Works and Utilities Floodplain Administrator shallwill perform the following duties: A. Review all development permits other than for subdivisions, short subdivisions and planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; Page 10 of 25 3. If the proposed development is located in the floodway, and if so, located to assure that the encroachment provisions of this chapter are complied with. 4. That the site is reasonably safe from flooding. B. When base flood elevation data has not been provided in accordance with Section PAMC 15.12.030- General Provisions, the Director of Public Works Floodplain Administrator shall must obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer specific standards and floodways. C. Obtain and record the following information: 1. Where base flood elevation data is provided through the flood insurance study, flood insurance rate map, or required as in PAMC 15.12.22090(B), obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed non-residential structures: a. Verify and record the actual elevation in relation to mean sea level to which the structure was flood proofed; and b. Maintain the floodproofing certifications required by this chapter. 3. Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones. 4. Records of all variance actions, including justification for their issuance. (44 CFR 60.6(a)(6)) 5. Improvement and damage calculations. D. Maintain for public inspection all records pertaining to the provisions of this chapter. E. Notify adjacent communities and the office of the State Department of Ecology prior to any alteration or relocation of any watercourse, and submit evidence of such notification to the Federal Insurance Administration. F. Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. G. 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 shallmust be given reasonable opportunity to appeal the interpretation as provided in section PAMC 15.12.24120. H. Notify FEMA when annexations occur in the Special Flood Hazard Area. I. Review all permits for subdivisions, short subdivisions or planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this chapter have been satisfied; Page 11 of 25 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 15.12.230 Duties of Director of Community and Economic Development. The Director of Community and Economic Development shall perform the following duties: A. Review all permits for subdivisions, short subdivisions or planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. B. Transmit to the Department of Public Works and Utilities all information required under the terms of this chapter. (Ord. 2091 § 11, 8/9/1980) 15.12235100 Variance procedure. A. Appeal Board Variance criteria. 1. The Board of Adjustment as established by the City of Port Angeles shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works and Utilities in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of Clallam County, as provided in Chapter 2.52 PAMC. 4. In passing upon such reviewing variance applications, the Board of Adjustment Hearing Examiner shall must consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a1. The danger that materials may be swept onto other lands to the injury of others; 2b. The danger to life and property due to flooding or erosion damage; 3c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4d. The importance of the services provided by the proposed facility to the community; 5e. The necessity to the facility of a water front location, where applicable; 6f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7g. The compatibility of the proposed use with existing and anticipated development; 8h. The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area; Page 12 of 25 9i. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10j. 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 11k. 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 A.(4) and the purposes of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The Director of Public Works and Utilities shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. ConditionsRequirements for variances: 1. Upon consideration of the factors of subsection A and the purposes of this chapter, the Board of Adjustment may condition the approval of variance as it deems necessary to further the purposes of this chapter. 2. Generally, the only condition under which a variances from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided ing items (a - k) in the criteria in subsection A.(4) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. 2. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure 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 shallwill not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shallwill only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shallwill 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 on or victimization of the public as identified in subsection A.(4), or conflict with existing local laws or ordinances. Page 13 of 25 d. For the repair, rehabilitation, or restoration of historic structures, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; e. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities in the definition of “Functionally Dependent Use.” 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 non-residential 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 B.(1), and otherwise complies with the general standards. 8. Any applicant to whom a variance is granted shallwill be given written notice notice from the City 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. a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and b. Such construction below the BFE increases risks to life and property. 15.12.110 Appeals. A. The Hearing Examiner is authorized to hear and decide appeals of any decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Such appeals must be filed and the appeal fee paid with the City Clerk within 15 days of the decision. The appeal will be subject to the Hearing Examiner’s rules of procedure. B. Those aggrieved by a decision of the Hearing Examiner may appeal such decision to the Superior Court of Clallam County within 21 days of the decision. ARTICLE IV. REQUIREMENTS AND STANDARDS 15.12.24120 Development permit required—Application requirements. A. A development permit shall be is required before construction or development within an area of special flood hazard established in PAMC 15.12.030(B). If a permit for any development is required under another City ordinance, the development permit shallmust be combined with that permit. The permit shallmust be for all structures including manufactured homesas set forth in the Page 14 of 25 "definitions", and for all development, including but not limited to, fill and other activities also as set forth in the "definitions". B. The application for development permit shallmust be made on forms furnished by the Department of Public Works Community and Economic Development. The application may include but shallis not belimited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation 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 shall be is required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; 2. Elevation in relation to mean sea level to which any structure has been flood-proofed; 3. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria of this chapter; 4. A description of the extent to which any water course will be altered or relocated as a result of the proposed development. 5) Where a structure is proposed in any V, a V-zone design certificate; 6) Where development is proposed in a floodway, an engineering analysis indication no rise of the Base Flood Elevation, and 7) Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application. 15.12.250 Standards generally. In all areas of special flood hazards, the standards set forth in Sections 15.12.260 through 15.12.320 are required. (Ord. 2091 § 12 (part), 8/8/1980) 15.12.26140 Provisions for flood hazard protection reduction—General standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall must be anchored to prevent flotation, collapse, or lateral movements of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. 2. All manufactured homes (including park model manufactured homes) must likewise be anchored to prevent flotation, collapse or lateral movement and shallmust 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 Areas" guidebook for additional techniques). B. Construction materials and methods. Page 15 of 25 1. All new construction and substantial improvements shall must be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements must shallbe constructed using methods and practices that minimize flood damage. 3. Electrical heating, ventilation, plumbing, and air conditioning equipment and other service facilities must shallbe designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities. 1. All new and replacement water supply systems must shallbe designed to minimize or eliminate infiltration of flood waters into the system. Additionally, all water wells must shallbe located on high ground and not in the floodway. 2. New and replacement sanitary sewage systems must shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 3. On-site waste disposal systems must shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision proposals. 1. All subdivision proposals must shallbe consistent with the need to minimize flood damage. 2. All subdivision proposals must shallhave public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals must shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, itsuch data must shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). E. Review of building permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (See PAMC 15.12.22090(B)), applications for building permits must shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. F. Storage of Materials and Equipment 1. The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas. Page 16 of 25 2. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 15.12.27150 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section PAMC 15.12.030 General Provisions, or PAMC 15.12.22090(B), the following provisions are required: A. Residential construction. 1. In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure must have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities must be waterproof or elevated least one foot above the BFE. 2. New construction and substantial improvement of any residential structure in an AO zone must meet the requirements in PAMC 15.12.220. 3. New construction and substantial improvement of any residential structure in an Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained must be reasonably safe from flooding, but in all cases the lowest floor must be at least two feet above the Highest Adjacent Grade. 4. New construction and substantial improvement of any residential structure in a V, V1- 30, or VE zone must meet the requirements in PAMC 15.12.210. 5. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs must meet or exceed the following minimum criteria: a. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. b. The bottom of all openings must be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. Page 17 of 25 d. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters. Alternatively, a registered engineer or architect may design and certify engineered openings. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. 2. 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 floodwaters. 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: a. A minimum of two 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. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. B. Non-residential construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure must shallmeet the following standards: 1. In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any commercial, industrial, or other nonresidential structure must have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities must be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24, whichever is greater. 2. If located in an AO zone, the structure must meet the requirements in PAMC 15.12.220. 3. If located in an Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure must be reasonably safe from flooding, but in all cases the lowest floor must be at least two feet above the Highest Adjacent Grade. 4. If located in a V, V1-30, or VE zone, the structure must meet the requirements in PAMC 15.12.210. 5. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must Page 18 of 25 either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. b. The bottom of all openings must be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. d. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters. Alternatively, a registered engineer or architect may design and certify engineered openings. Note: Applicants who are floodproofing nonresidential buildings will be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly. 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; 3. 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 PAMC 15.12.220.C. 4. Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection A. 5. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are at base flood level. C. Manufactured homes. 1. All manufactured homes to be placed or substantially improved on sites must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Manufactured Homes placed within an area of special flood hazard are not required to meet Port Angeles Municipal Code 17.08.070(M)(A)(2) and must meet the requirements of this Chapter. This applies to manufactured homes within a floodplain: Page 19 of 25 a. Outside of a manufactured home park or subdivision, b. In a new manufactured home park or subdivision, c. In an expansion to an existing manufactured home park or subdivision, or d. In an existing manufactured home park or subdivision on a site which a manufactured home has incurred “substantial damage” as the result of a flood. 2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: a. The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. All manufactured homes to be placed or substantially improved within Zones A1—30, AH, and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of PAMC 15.12.260.A. This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. D. Recreational vehicles. Recreational vehicles placed on sites are required to either: a1. Be on-site for fewer than 180 consecutive days; (or) 2b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c3. Meet the requirements of 15.12.270.C above, and the elevation and anchoring requirements for manufactured homes. Page 20 of 25 E. Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas must be used solely for parking of vehicles, building access, or storage. F. Appurtenant Structures (Detached Garages & Small Storage Structures) 1. Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements: a. Use of the appurtenant structure must be limited to parking of vehicles or limited storage; b. The portions of the appurtenant structure located below the BFE must be built using flood resistant materials; c. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement; d. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE; e. The appurtenant structure must comply with floodway encroachment provisions in PAMC 15.12.170(A); f. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with Subsection (A)(5). g. The structure must have low damage potential, h) If the structure is converted to another use, it must be brought into full compliance with the standards governing such use, and i) The structure must not be used for human habitation. 2. Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Subsection (A). Page 21 of 25 3. Upon completion of the structure, certification that the requirements of this section have been satisfied must be provided to the Floodplain Administrator for verification. 15.12.28160 AE and Al-30 Zones with base flood evaluations but no floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shallwill be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined 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 within the community. 15.12.33170 Floodways. Located within areas of special flood hazard as established in section 15.12.030 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: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that proposed encroachments shallmust not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways except for: 1. Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either i. Before the repair, reconstruction, or repair is started, or ii. If the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places must shallnot be included in the 50 percent. C. If section 15.12.330 170(A) is satisfied, all new construction and substantial improvements must shall comply with all applicable flood hazard reduction provisions of this chapter. 15.12.180 General Requirements for Other Development Page 22 of 25 A. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the state building codes with adopted amendments and any local amendments, must shall: 1. Be located and constructed to minimize flood damage; 2. Meet the encroachment limitations of this ordinance if located in a regulatory floodway; 3. Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed of flood damage-resistant materials; 5. Meet the flood opening requirements of PAMC 15.12.150(A)(B), and 6. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 15.12.331190 5.6 Critical Facility(Optional Provision) Construction of new critical facilities must shallbe, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities must shallbe permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA must shallhave the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the BFE must shallbe provided to all critical facilities to the extent possible. 15.12.335200 Wetlands management. To the maximum extent possible, in order to avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, the following measures will be considered: A. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. Page 23 of 25 B. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. C. Request technical assistance from the Department of Ecology in identifying wetland areas. 15.12.34210 Coastal high hazard area. Located within areas of special flood hazard established in PAMC 15.12.030 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, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply: A. Due to the dynamic nature of coastal high hazard areas located along the Pacific Ocean, in areas with designated Velocity Zones (V-zones) from Cape Disappointment to Cape Flattery, the following standards shall apply: 1. Prohibit new or substantially improved construction in designated V-zones; exceptions are for needed water dependent structures or structures that facilitate public recreational access to the shore. Structures which require siting in the V-zone should be sited landward of the primary dune if an active dune system is associated with the V-zone. 2. Prohibit any alteration of dunes in the above designated V-zones which could increase potential flood damage; this restriction includes prohibiting any modification or alteration or disturbance of vegetative cover associated with dunes located in designated V-zones. All new construction and substantial improvements in Zones V1—V30 and VE (V if base flood elevation data is available) must shall be elevated on pilings and columns so that: 1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level or meets the elevation requirements of ASCE 24, whichever is higher ; 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 must each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shallmust develop or review the structural design, specifications and plans for the construction and must 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. C. 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 Floodplain Administrator must shallmaintain a record of all such information. D. All new construction must shallbe located landward of the reach of mean high tide. Page 24 of 25 E. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall must shall have a design safe loading resistance of not less than ten 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 must shallresult 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 must shallnot 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 non- structural). Maximum wind and water loading values to be used in this determination must shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). F. If breakaway walls are utilized, such enclosed space must shall be usable solely for parking of vehicles, building access, or storage. Such space must shallnot be used for human habitation. G. Prohibit the use of fill for structural support of buildings. H. All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the community's FIRM on sites: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision, or 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shallmust meet the standards of PAMC 15.12.26140(A) through (C)and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the FIRM must shallmeet the requirements of PAMC 15.12.27150(C). I. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of PAMC 15.12.24120 (development permit required) and PAMC 15.12.340, paragraphs Subsection (A) through (G) of this section. Page 25 of 25 15.12.345220 Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: A. New construction and substantial improvements of residential structures and manufactured homes within AO zones must shallhave the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above* the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). B. New construction and substantial improvements of nonresidential structures within AO zones must shall either: 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more 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 flood proofed 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 must shallbe certified by a registered professional engineer or architectas in Section 5.2-2(3). C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. D. Recreational vehicles placed on sites within AO Zones on the community's FIRM are required to either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the requirements of Subsections 15.12.345(A) and 15.12.345(C) above and the anchoring requirements for manufactured homes (Section 15.12.26140(A)(2)). ARTICLE V. VIOLATION 15.12.35230 Violationsis misdemeanor. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. Violation or failure to comply with the provisions of this chapter shall be is a misdemeanor subject to civil penalties and enforcement pursuant to Chapter 2.90 PAMC. Each day that a violation continues shall constitute a separate offense. Nothing herein contained shall in this chapter prevents the City from taking such other lawful action as is necessary to prevent or remedy any violation. Summary of Ordinances Adopted by the Port Angeles City Council on April 15, 2025 ORDINANCE NO. 3747 AN ORDINANCE of the City of Port Angeles, Washington amending portions of Chapter 15.12 of the Port Angeles Municipal Code. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on April 23, 2025, as required by the Flood Insurance Study (FIS) for Clallam County, WA and incorporated areas. The full texts of Ordinances are available at City Hall in the Clerk’s office, on the City’s website at www.cityofpa.us or will be mailed upon request. Kari Martinez-Bailey City Clerk Published by summary: Thursday, April 17, 2025