1012_00001REV I SED
ORDINANCENO.1012
AN ORDINANCEPROVIDINGFORTHEREGULATIONOF LANDUSE INFLOODHAZARDAREASINORDERTOREDUCEFLOODLOSSES
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Chapter 18.53 entitled Flood Hazard Areas is established as follows:
CHAPTER18.53
FLOODHAZARDAREASI18.53.010 Lands to Which This Ordinance Applies:This ordinance shall apply toallareasofspecialfloodhazardwithinthejurisdictionoftheCity ofMosesLake.
18.53.020 Basis for Establishing the Areas of Special Flood Hazard:The areas ofspecialfloodhazardidentifiedbytheFederalInsuranceAdministrationunitsFloodHazardBoundaryMap(FHBM)No.H 01-5 dated February 7,1975andanyrevisionstheretoareadoptedbyreferenceanddeclaredtobeapartofthisordinance.
18.53.030 Definitions:
A.Area of Special Flood Hazard:Area of Special Flood Hazard meansthelandinthefloodplainwithinacommunit.y subject to a onepercentorgreaterchanceoffloodinginanygivenyear.
B.Base Flood:Base Flood means the flood having a one percent chanceofbeingequalledorexceededinanygivenyear.
C.Development:Development means any manmade change to improved orunimprovedrealestate,including but not limited to buildings orotherstructures,mining,dredging,filling,pouring,excavation,ordrillingoperationslocatedwithintheareaofspecialfloodhazard.
D.Flood or Flooding:Flood or Flooding means a general and temporaryconditionofpartialorcompleteinundationofnormallydryland
areas from the overflow of inland waters and/or the unusual andrapidaccumulationofrun-off of surface waters from any source.
E.Flood Hazard Boundary Map:Flood Hazard Boundary Map means theofficialmapissuedbytheFederalInsuranceAdministrationwheretheareasofspecialfloodhazardhavebeendesignatedZoneA.
F.Habitable Floor:Habitable Floor means any floor usable for living
purposes,which includes working,sleeping,eating,cooking,orrecreationoracombinationthereof.A floor used only for storagepurposesisnotahabitablefloor.
G.Mobile Home:Mobile Homemeans a structure that is transportable inoneormoresections,built on a permanent chassis,and designed tobeusedwithorwithoutapermanentfoundationwhenconnectedtotherequiredutilities.It does not include recreational or traveltrailers.
H.Structure:Structure means a walled and roofed building,a mobilehome,or a gas or liquid storage tank that is principally aboveground.
I I.Substantial Improvement:Substantial Improvement means any repair,reconstruction,or improvement of a structure,the cost of whichequalsorexceeds50%of the market value of the structure eitherbeforetheimprovementorrepairisstarted,or,if the structurehasbeendamagedandisbeingrestored,before the damage occurred.For the purpose of this definition,substantial improvement isconsideredtooccurwhenthefirstalterationofanywall,ceiling,floor,or other structural part of the building commences,whetherornotthatalterationaffectstheexternaldimensionsofthestruc-ture.The term does not,however,include either:
Ord.1012,Page 2
1.Any project for improvement of a structure to comply with exist-ing state or local health,sanitary,or safety code specifica-tions which are solely necessary to assure safe living conditions,
or
2.Any alteration of a structure listed on the National Register ofHistoricPlacesoraStateInventoryofHistoricPlaces.
18.53.040 Permits:A permit shall be obtained before construction or development,structural or non-structural,begins within any area of special floodhazard.
A.A building permit shall be obtained before construction beginswithinanyareaofspecialfloodha2ard.
B.A development permit shall be obtained before development beginswithinanyareaofspecialfloodhazardfallingoutsideofthescopeofthebuildingpermit.
C.Structural activities shall include walled and roofed buildings ofanytypeincludingmobilehomesintendedforresidential,commercial,
or industrial purposes,and gas or liquid storage tanks.
D.Non-structural activities shall include all activities non-structural
in nature that might change the direction,heights,or velocities offloodhazard.
18.53.050 Application for a Permit:Application for a permit shall be made onformsfurnishedbytheBuildingOfficialandshallinclude,but not belimitedto:
A.Plans drawn to scale showing the nature,location,dimensions,andelevationsoftheareainquestion.
B.Existing or proposed structures,fill,storage of materials,drainagefacilities,and the location of the foregoing.
C.Elevation in relation to mean sea level of the lowest floor (includ-ing basement)of all structures.
D.Elevation in relation to mean sea level to which any structure has
been flood proofed.
E.Certification by a registered professional engineer or architect
that the flood proofing methods for any non-residential structuremeetthefloodproofingcriteriainSection18.53.160.
F.A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
18.53.060 Administrator:The Building Official is hereby appointed to administer
and implement this ordinance by granting or denying building or develop-
ment permits in accordance with its provisions.
18.53.070 Permit Review:The Building Official shall review all permits to deter-
mine:
A.That the requirements of this ordinance have been satisfied.
B.That all necessary permits have been obtained from those federal,
state,or local governmental agencies from which prior approval is
required.
C.If the proposed development adversely affects the flood carrying
capacity of the area of special flood hazard.For the purpose ofthisordinance,adversely affects means damage to adjacent properties
because of rises in flood stages attributed to physical changes of
the channel and the adjacent over bank areas.
Ord.1012,Page 3
18.53.080 Penalties for Non-Compliance:Any person,firm,or corporation whoviolates,disobeys,omits,neglects,or refuses to comply with or whoresiststheenforcementofanyoftheprovisionsofthisordinanceshallbedeemedtohaveviolatedthetermsofthisordinanceandwillsubjecttheoffendertoacivilpenaltyasprovidedinChapter1.08 of the MosesLakeMunicipalCode.
18.53.090 Abrogation and Greater Restrictions:This ordinance is not intended torepeal,abrogate,or impair any existing easements,covenants,or deedrestrictions.However,where this ordinance and another ordinance,easement,covenant,or deed restriction conflict or overlap,whicheverIimposesthemorestringentrestrictionsshallprevail.
18.53.100 Interpretation:In the interpretation and application of this ordinance,all provisions shall be considered as minimum requirements,liberallyconstruedinfavorofthegoverningbody,and deemed neither to limit
nor repeal any other powers granted under state statutes.
18.53.110 Warning and Disclaimer of Liability:The degree of flood protectionrequiredbythisordinanceisconsideredreasonableforregulatory
purposes and is based on scientific and engineering considerations.Larger floods can and will occur on rare occasions.Flood heights maybeincreasedbyman-made or natural causes.This ordinance does notimplythatlandoutsidetheareasofspecialfloodhazardsorusespermittedwithinsuchareaswillbefreefromfloodingorflooddamages.This ordinance shall not create liability on the part of the City ofMosesLake,any officer or employee thereof or the Federal InsuranceAdministration,for any flood damages that result from reliance on thisordinanceoranyadministrativedecisionlawfullymadethereunder.
18.53.120 Use of Other Base Flood Data:When base flood elevation data has notbeenprovidedinaccordancewithSection18.53.020,the Building Offi-cial shall obtain,review,and reasonably utilize any base flood ele-vation data available from a federal,state,or other source to assurethatanyproposeddevelopmentwillbereasonablysafefromflooding.Where elevation data is not available,the test of reasonableness is ailocaljudgmentandincludesuseofhistoricaldata,high water marks,and photographs of past flooding.
18.53.130 Information to be Obtained and Maintained by Building Official:
A.Obtain and record the actual elevation (in relation to mean sealevel)of the lowest habitable floor (including basement)of all neworsubstantiallyimprovedstructures,and whether or not the struc-ture contains a basement.
B.For all new or substantially improved floodproofed structures,obtain and record the actual elevation (in relation to mean sealevel)to which the structure has been flood proofed.
C.Maintain for public inspection all records pertaining to provisionsofthisordinance.
18.53.140 Alteration of Watercourses:
A.The Building Official shall notify adjacent communities and thestatecoordinatingagencypriortoanyalterationorrelocation of awatercourse,and submit evidence of such notification to the FederalInsuranceAdministration.
I B.The Building Official shall require that maintenance is providedwithinthealteredorrelocatedportionofsaidwatercoursesothatfloodcarryingcapacityisnotdiminished.
Ord.1012,Page 418.53.150 Interpretation of FHBMBoundaries:The Building Official shall makeinterpretationswhereneeded,as to the exact location of the boundariesoftheareasofspecialfloodhazard(for example,where there appearstobeaconflictbetweenamappedboundaryandactualfieldconditions).
18.53.160 Provisions for Flood Hazard Protection:In all areas of special floodhazardsthefollowingstandardsarerequired:
A.Anchoring:
1.All new construction and substantial improvements shall beanchoredtopreventflotation,collapse,or lateral movement ofthestructure.
2.All mobile homes shall be anchored to resist flotation,collapse,
or lateral movement by providing over-the-top and frame ties togroundanchorsunlessplacedonlandthatisabovethebaseflood.Specific requirements shall be that:
a.Over-the-top ties be provided at each of the four corners ofthemobilehome,with two additional ties per side at inter-mediate locations,with mobile homes less than 60 feet longrequiringoneadditionaltieperside.
b.Frame ties be provided at each corner of the home with fiveadditionaltiespersideatintermediatepoints,with mobilehomeslessthan50feetlongrequiringfouradditionalties
per side.
c.All components of the anchoring system be capable of carry-ing a force of 4,800 pounds.
d.Any additions to the mobile home be similarly anchored.
B.Construction Materials and Methods:All new construction and substan-tial improvements shall be constructed with materials and utilityequipmentresistanttoflooddamageandusingmethodsandpracticesthatminimizeflooddamage.
C.Utilities:
1.All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into thesystem.
2.New and replacement sanitary sewage systems shall be designed tominimizeoreliminateinfiltrationoffloodwatersintothesystemsanddischargefromthesystemsintofloodwaters.
3.On-site waste disposal systems shall be located to avoid impair-
ment to them or contamination from them during flooding.
C.Subdivision Proposals:All subdivision proposals shall be consistentwiththeneedtominimizeflooddamage;shall have public utilities
and facilities such as sewer,gas,electrical,and water systems
located and constructed to minimize flood damage;and shall haveadequatedrainageprovidedtoreduceexposuretoflooddamage.
D.Specific Standards:In all areas of special flood hazards where
base flood elevation data has been obtained,the following provisions
are required:
1.Residential construction:Newconstruction and substantial
improvement of any residential structure shall have the lowest
floor,including basement,elevated to or above base flood
elevation.
Ord.1012,Page 5
2.Non-Residential Construction:New construction and substantialimprovementofanycommercial,industrial or other non-residentialstructureshalleitherhavethelowestfloor,including basement,elevated to the level of the base flood elevation,or,togetherwithattendantutilityandsanitaryfacilities,shall
a.Be floodproofed so that below the base flood level thestructureiswatertightwithwallssubstantiallyimpermeabletothepassageofwater.
b.Have structural components capable of resisting hydrostaticIandhydrodynamicloadsandeffectsofbuoyancy.
c.Be certified by a registered professional engineer orarchitectthatthestandardsofthissubsectionaresatisfied.
18.53.170 Severability:If any section,subsection,sentence,clause,or phraseofthischapterisforanyreasonheldtobeunconstitutionalorinvalid,such decision shall not affect the remaining portions of this chapter.
Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis28thdayofApril,?,1981.
May ro e ,Try gler
City Clerk
APP AS TO FORM:
B'iiy Attorne
Publish:May 5,1981
*Republished:May 20,1981
*Sections 18.53.080 -18.53.160
were not published in the firstpublication.The ordinance
was republished in its entirety.
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