September 28, 2015
8.2(b)
ENGROSSED ORDINANCE BILL NO.l7-15
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AN ORDINANCE RELATING TO PROHIBITING ENCLOSED AREAS OF STRUCTURES
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SUBJECT TO FLOODING WITHIN THE FLOODPLAIN OVERLAY ZONE; AMENDING
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SRC 601.005 and 601.045.
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The City of Salem ordains as follows:
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Section 1. Findings. The Federal Emergency Management Agency's National Flood Insurance
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Program uses a Community Rating System (CRS) to set flood insurance rates for communities
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with a comprehensive floodplain management program. The CRS scores each community's
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regulatory program based on a number of factors. The more protection provided by local
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regulation to prevent property damage from flood waters, the higher the CRS score.
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Communities with high CRS scores should have lower the flood insurance rates. One method to
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significantly increase Salem's CRS score is to prohibit the construction of enclosed areas below
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the base flood elevation. Accordingly, the Salem City Council finds that prohibiting enclosed
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areas in parts of the City that are subject to flooding is in the best interests of the citizens of
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Salem.
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The Salem Area Comprehensive Plan Policy N-7 (Flood Hazards) states, "Development in the
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floodplain shall be regulated to preserve and maintain the capability of the floodplain to convey
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the flood water discharges and to minimize danger to life and property." The amendment
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conforms with the policy by restricting enclosed areas below the base flood elevation and
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reducing the potential for danger to life and property from flood waters. Therefore, Chapter 601,
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as amended by this Ordinance, are consistent with this Comprehensive Plan Policy.
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Section 2. Section 601.005 is amended as follows:
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601.005. Definitions. Unless specifically defined in this section, words or phrases used in this
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Chapter shall be interpreted so as to give them the meaning they have in common usage and to
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give this Chapter its most reasonable application.
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(a) Area of shallow flooding: An area designated as an "AO" or "AH" zone on the Flood
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Insurance Rate Map (FIRM). In an area of shallow flooding, the base flood depths range from
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one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable
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and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH
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indicates ponding.
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(b) A Zone: Areas with a 1 percent annual chance of flooding and a 26 percent chance of
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flooding over the life of a 30-year mortgage. Because detailed analyses are not performed for
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such areas; no depths or base flood elevations are shown within these zones.
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(c) AE Zone: The base floodplain where base flood elevations are provided.
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(d) AH Zone: Areas with a 1 percent annual chance of shallow flooding, usually in the form of
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a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26 percent chance of
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flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed
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analyses are shown at selected intervals within these zones.
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(e) AO Zone: River or stream flood hazard areas, and areas with a 1 percent or greater chance
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of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging
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from 1 to 3 feet. These areas have a 26 percent chance of flooding over the life of a 30-year
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mortgage. Average flood depths derived from detailed analyses are shown within these zones.
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(t) Base flood: The flood having a one percent chance of being equaled or exceeded in any
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given year. Base flood also referred to as the "1 00-year flood."
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(g) Bridge: A structure, including supports, erected over a depression or an obstruction such as
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a waterway, highway, or railway, and having a deck or passageway for transporting pedestrians,
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vehicles, or other moving loads, and having an opening measured along the center of the deck or
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passageway of more than twenty feet between undercroppings of abutments, or spring lines of
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arches, or extreme ends of openings for multiple boxes, and which includes multiple pipes where
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the clear distance between openings is less than half of the smallest contiguous opening.
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(h) Change of use: Making different use of the land or water than that which existed on June
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15, 1979. Change of use includes a change that requires construction or alterations of the land,
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water or other areas outside of existing buildings or structures which significantly alters or
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affects the land or water. For the purposes of this definition, an existing open storage area shall
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be considered a building. Change of use does not include:
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(1) A change of use of a building or other structure which does not significantly alter or affect
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the land or water upon which it is situated.
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(2) The completion of a structure for which a valid permit has been issued and under which
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permit substantial construction was undertaken by June 15, 1979.
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(3) The sale of property.
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(4) Minor landscaping which does not have an appreciable effect on flow characteristics of a
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waterway.
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(5) Construction of driveways which do not involve significant earthwork or supporting
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structures that affect flow characteristics of a waterway.
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(6) Minor modifications of existing structures for which no building permit is required.
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(7) The construction or placement of such minor subsidiary structures or facilities that are usual
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and necessary for the use and enjoyment of existing improvements, except such structures or
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facilities specifically prohibited or regulated by this Chapter.
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(i) Develop or development: To bring about growth or availability; to construct, alter, or
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place a structure; to locate or place a manufacture dwelling or home; to conduct a mining,
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filling, grading, paving, drilling, dredging, or excavation operation; to make a physical
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change in the use or appearance of land; to partition or divide land into parcels; or to create
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or terminate rights of access.
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G) Enclosed area: An area with two or more outside rigid walls and an affixed roof. Enclosed
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areas do not include the uncovered portion of a structure, roof canopy areas with only one wall,
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or areas below the finish floor that are separated by permeable surfaces such as lattice work,
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skirting, or insect screening.
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(j!{l Existing manufactured home park or manufactured home subdivision: A manufactured
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home park for which the construction of facilities to service the lot on or which the manufactured
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homes are to be affixed (including, at a minimum, the installation of utilities, either final site
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grading or the pouring of concrete pads, and the construction of streets) was completed prior to
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July 27, 1987.
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(hl) Expansion to an existing manufactured home park or manufactured home subdivision: The
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preparation of additional sites by the construction of facilities to service the lots on which the
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manufactured homes are to be affixed (including the installation of utilities, either final site
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grading or pouring of concrete pads, or the construction of streets).
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(l!!!) Fish habitat enhancement: The addition or modification of aquatic habitat components
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whose absence, scarcity, or condition has been determined by the Director of Public Works to
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limit fish presence or abundance in the immediate project area, specific stream corridor, or
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watershed.
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(m!!) Flood or flooding: A general and temporary condition of partial or complete inundation of
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normally dry land areas from the overflow of inland waters or from the unusual and rapid
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accumulation of runoff of surface waters from any source.
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(nQ) Flood Insurance Rate Map or FIRM: The official map, in paper or digital form, on which
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the Federal Insurance Administration, Federal Emergency Management Agency (FEMA) has
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delineated both the areas of special flood hazards and the risk premium zones applicable to the
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City of Salem, and includes the accompanying floodway and flood way fringe boundary maps
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accompanying the FIRM as a part of the flood insurance study.
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(&.1!) Flood insurance study: The official report provided by the Federal Insurance
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Administration that includes flood profiles, the Flood Boundary - Floodway Map, and the water
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surface elevation of the base flood. The flood insurance study, and all subsequent amendments
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thereto or supplements thereof, is hereby adopted as a part of this Chapter, and a copy thereof
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shall be kept on file in the office of the Director of Public Works.
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(p!l) Floodplain: Any land or water area which is subject to one percent flood probability along
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any waterway. Floodplain includes the officially designated floodway, floodway fringe, areas of
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shallow flooding or special flood hazard area, as delineated on the FIRM, and interim flood
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hazard areas.
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(q[) Floodway: The channel of a river or other waterway and the adjacent land areas that must
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be reserved in order to discharge the waters of a base flood without cumulatively increasing the
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water surface elevation by more than one foot. Areas designated as floodways are located within
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floodplains. The floodway is an extremely hazardous area due to the velocity of flood waters
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which carry debris, potential projectiles, and have the potential to cause erosion. The floodway
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limits are as delineated on the FIRM, or located within interim flood hazard areas and designated
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as floodway by the Director of Public Works pursuant to SRC 601.050.
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(F§) Floodway fringe: The area of the 100-year floodplain lying outside of the floodway within
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interim flood hazard areas, and designated as flood way fringe by the Director of Public Works
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pursuant to SRC 601.050.
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(s!) Floodproofing: Any combination of structural or nonstructural provisions, changes or
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adjustments to structures, land or a waterway for the reduction or elimination of flood damage to
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ENGROSSED ORDINANCE No. 17-15- Page 4
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real property or any improvements thereon, water and sanitary facilities, structures, and their
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contents during a base flood.
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(t!!) Intensification: Any additions which increase or expand the area, level or activity, or
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amount of an existing use; or any remodeling of the exterior of a structure that will substantially
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alter the appearance of the structure. As used in this definition, intensification does not include:
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(1)
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permit substantial construction was undertaken prior to June 15, 1979.
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(2)
Maintenance and repair usual and necessary for the continuance of an existing use.
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(3)
Reasonable emergency procedures necessary for the safety and protection of property.
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(4)
Seasonal increases in gravel mining operations.
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(ay) Interim flood hazard area: An area of special flood hazard designated by the Director of
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Public Works, but not designated as such on the FIRM. The Interim Flood Hazard Area is
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established on a waterway which does not have base flood water surface elevations and floodway
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and floodway fringe boundaries established through a Flood Insurance Study. An interim flood
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hazard area is an approximation of the floodplain. Minimally the Interim Flood Hazard Area
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shall include the area which would be designated as the floodway and floodway fringe if a Flood
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Insurance Study were done.
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interior vertical clearance of greater than four feet., ineluding the basement. For the purposes of
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floodplain management, "habitable" shall mean the floor of the building whish is used by
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persons for living or working. Fer ellample, a restroom (living area) or a janitor's storage spaee
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(working area) on a floor of the strueture would eenstitnte that floor as being habitable. i\n
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unfinished or flood resistant enelesure usable solely for parking of vehieles, building aeeess, or
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storage in an area other than a basement is not eonsidered the lowest fleer.
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(w!) Manufactured home: A building or structure, transportable in one or more sections, which
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is built on a permanent chassis and is designed for use with or without a permanent foundation
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when connected to the required utilities. For floodplain management purposes the term
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"manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed
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on a site for greater than 180 consecutive days. For insurance purposes, the term manufactured
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home does not include park trailers, travel trailers, and other similar vehicles.
Completion of a structure for which a valid permit has been issued and under which
Lowest floor: The lowest habitable accessible floor of the lowest enclosed area with an
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(lfy) Manufactured home park: A lot or parcel (or contiguous lots or parcels) of land divided
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into two or more manufactured home lots for sale or rent.
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(yy Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
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excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel,
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refuse, fill, structure, or matter in, along, across, or projecting into any channel, waterway, or
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floodplain which may impede, retard, or change the direction of the flow of water, either in itself
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or by catching or collecting debris carried by such water, or that is placed where the flow of
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water might carry the debris downstream and endanger life or damage property.
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('lilli!) Special Flood Hazard Area: The land in the floodplain subject to a one percent or greater
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chance of flooding in any given year, as designated by the most recent version of the FIRM.
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Designation on maps always includes the letters A or V.
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(aa.!lli.) Start of construction: The date the building permit was issued, provided the actual start
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of construction, repair, reconstruction, placement or other improvement was commenced within
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180 days of the permit date. The actual start of construction means either the date of the first
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permanent construction of a structure on a site, such as the pouring of slab or footings, the
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installation of piles, the construction of columns, or any work beyond excavation; or the date of
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the placement of a manufactured home on a foundation.
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(bb££) Stream enhancement: The modification of stream channel width, length, depth,
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alignment, location, profile, bank shape, or in-stream structures, for the purpose of improving
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ecological or habitat functions that have been determined by the Director of Public Works to
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have been degraded or lost in the immediate project area, specific stream corridor, or watershed.
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(ee!M) Structure: Any building with two or more exterior rigid walls and a fully secured roof
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that is affixed to a permanent site,, or any gas or liquid storage tank that is principally above
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ground.
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(dd~ Substantial damage: Damage sustained by a structure whereby the cost of restoring the
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structure to its condition immediately prior to the damage would equal or exceed fifty percent of
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the market value of the structure before the damage occurred.
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(ee.ID Substantial improvement: For the purposes of floodplain management only, and
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notwithstanding the provisions for nonconforming situations under SRC Chapter 270, any repair,
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reconstruction, rehabilitation, addition, replacement, or other improvement of a structure, the
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cost of which equals or exceeds 50 percent ofthe market value of the structure before the "start
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of construction" of the improvement. This term includes structures which have incurred
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"substantial damage," regardless of the actual repair work performed. The term substantial
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improvement does not include either:
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(1)
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sanitary, or safety code specifications which are solely necessary to assure safe living conditions,
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or
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(2)
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State Inventory of Historic Places.
Any project or improvement of a structure to comply with existing state or local health,
Any alteration of the structure listed in the National Register of Historic Places or the
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(ffgg) Waterway: Any perennial river, stream, or creek within the City of Salem.
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(gg.!!h) Waterway centerline: A line one-half the distance between the edges of the low flow
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channel of the waterway.
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Section 3. Section 601.045 is amended as follows:
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601.045 Uses in FF (Fioodway Fringe) or Special Flood Hazard Area. Within any FF
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(Floodway Fringe Area) or Special Flood hazard Area any of the following uses are permitted
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upon obtaining a floodplain development permit, and compliance with this Chapter.
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(a) All uses ofland permitted in the underlying zone; provided however, that any building,
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structure, manufactured home, or recreational vehicle associated therewith complies with
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subsections (b), (c), and (d) of this section.
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(b) Structures, including manufactured homes, as allowed in an underlying residential zone, if:
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(I) The lowest floor elevation, including a basement, is no less than one foot above the elevation
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of the base flood, unless base flood elevation data are not available, in which case the structure
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shall be elevated as provided in SRC 601.095.
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(2) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
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facilities shall be designed or otherwise elevated or located so as to prevent water from entering
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or accumulating within the components during conditions of flooding.
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(3) The structure is anchored to prevent flotation, collapse, or lateral movement as provided in
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SRC 601.100.
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(4) The structure is located no closer than 15 feet to the waterway centerline, or ten feet to the
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top of a recognizable bank, whichever is greater, except that this provision shall not apply to the
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Willamette River floodplain.
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(5) The structure is designed according to accepted engineering standards, certified by a
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registered engineer or architect, and approved by the building official as minimizing the
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likelihood of flood damage and rendering the structure and its utility equipment reasonably
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resistant to flood damage.
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(6) Except as provided in subparagraphs (A) and (B) of this paragraph, fully enclosed areas of
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residential structures below the lowest floor that are subject to flooding are prohibited.
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(A) Below-grade crawlspace construction is permitted in compliance with FEMA Technical
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Bulletin 11-01, including amendments or revisions thereto;
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(B) Crawlspaces and GQther eneles!H'ed enclosed areas are allowed only where the vertical
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interior clearance does not exceed four feet. Such enclosed areas shall be designed to
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automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
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exit of floodwaters. Designs for meeting this requirement must be certified by a professional
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engineer or must meet or exceed the following minimum criteria:
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(i) A minimum of two openings having a total net area of not less than one square inch for every
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square foot of enclosed area subject to flooding shall be provided.
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(ii) The bottom of all openings shall be no higher than one foot above grade.
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(iii) Openings may be equipped with screens, louvers, or other coverings or devices provided
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that they permit the automatic entry and exit of floodwaters.
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Section 4. Codification. In preparing this ordinance for publication and distribution, the City
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Recorder shall not alter the sense, meaning, effect or substance of this ordinance, but within such
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limitations, may:
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(a) Renumber sections and parts of sections of the ordinance;
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(b) Rearrange sections;
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(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
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(d) Delete references to repealed sections;
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(e) Substitute the proper subsection, section or chapter, or other division numbers;
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(f) Change capitalization and spelling for the purpose of uniformity;
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(g) Add headings for purposes of grouping like sections together for ease of reference; and
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(h) Correct manifest clerical, grammatical or typographical errors.
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Section 5. Severability. Each section of this ordinance, and any part thereof, is severable, and
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if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of
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this ordinance shall remain in full force and effect..
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PASSED by the Council this _ _ _ dayof _ _ _ _ _ _ _ _, 2015.
ATTEST:
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City Rcooffi«
Approved by City Attorney·
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Checked by: G. Davis
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ENGROSSED ORDINANCE No. 17-15- Page 9
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OF SALEM, OREGON