Ordinance 04-004 Provides for Flood Damage Prevention CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING
ARTICLE V SPECIAL ZONES AND PROVIDING FOR FLOOD DAMAGE PREVENTION IN
CONFORMANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM; DESIGNATING
A FLOODPLAIN ADMINISTRATOR; REPEALING ORDINANCES IN CONFLICT;
ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR
SEVE_RABILITY AND EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and general welfare
of its citizenry; and
WHEREAS, flood hazard areas are subject to periodic inundation which results in loss of life
and property, health, and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affects the public health, safety, and general welfare; and
WHEREAS, the regulation of construction within flood hazard areas assists in maintaining a
stable tax base, ensures that potential purchasers of real property have notice of flood hazard conditions,
and provides for the availability of flood insurance to the owners of real property; and
WHEREAS, management of floodplain hazard areas is authorized pursuant to RCW 86.1 2.210;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Article V of the Spokane Valley Development Code is hereby established to read as follows:
Section 5.01. Purpose
In order to limit flood damages and associated losses,the City provides for the following:
(I) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or
erosion hazards,or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers
which help accommodate or channel flood waters;
(4) Controlling tilling, grading, dredging, and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
Ordinance.04-004 Floodplain Page 1 of 15
Section 5.02 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall he interpreted so as to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
"APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a
request for a variance.
"AREA OF S.H.ALLOW FLOODING" means a designated AO, or Ali Zone on the Flood Insurance Rate
Map (FIRM) and which has the following characteristics;
(I) The base flood depths range from one to three feet;
(2) A clearly defined channel does not exist;
(3) The path of flooding is unpredictable and indeterminate; and,
(4) Velocity flow may be evident,
AO is characterized as sheet flow and AH indicates ponding-
"AREA OH SPECAL FLOOD HAZARD" means the land in the flood plain 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,
"BASE FLOOD" 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." Designation on maps always includes the letters A or V.
"BASEME',1IT" means any area of the building having its floor sub-grade (below ground level) on all
sides.
"BREAKAWAY WALL" means a wall that is not 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.
"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, installations which produce; use or store hazardous materials or
hazardous waste.
"DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials located within the area of special flood hazard.
"ELEVATED BtiILDTNQ" means for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
°-EXISTt IG MANUFACTURED HOME PARK OR SUBD]V1 ION" means a manufactured home park.
or subdivision for which the construction of Facilities for servicing the lots on which the manufactured
hones 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.
"EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION"E" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
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manufactured homes are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads),
"FLOOD" or _t}LOODINCG}, means a general and temporary condition of partial or complete inundation
of normally dry land areas from;
(I) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
"FLOOD INSLPRANG.B RATE. MAP (FIRM.)" means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood ha-Lards and the risk premium zones
applicable to the community.
":FLOOD INSURANCE, STUDY" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface
elevation of the base flood_
"FLCODWAY" 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 than one foot.
"LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in
an area other than a basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation design
requirements of this ordinance found at Section 5.06.8.1(2).
"MANU1~ACTURETD 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. The term "manufactured home"does not include a "recreational vehicle.'
"MANUFACTURED HOME FAR OR SUBDIVISION" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale_
"NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after
the effective date of this ordinance.
"NEW MANUFACTURED HOME I'Af K OR SU.BDJVISION" 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 Iloodplain management regulations.
'RECREATIONAL VEHICLE" means a vehicle which is
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not For use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"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
Ordinance 04-004 Flood plain Page 3 of 15
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a stricture on a site, such as the pouring of slab or footings, the installation of
piles, the construction of eolurrtns, 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 andlor walkways; nor dots it
include excavation for a basement, footings, piers, or foundations 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,
"STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground.
"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.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure either:
(1) Before the• improvement or repair is started; or
(2) Tf 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
commences, whether Or not that alteration affects the external dimensions of the
structure.
The germ does not, however, include either:
(]) Any project for improvement of a structure to correct existing violations of-state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement: official and which are the minimum necessary to assure sale living
conditions, or
(2) Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places,
"VARTANCE" means a grant of relief from the requirements of this ordinance which permits construction
in a manner that would otherwise be prohibited by this ordinance.
"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 operations.
Section 5.03
5.03.01 APPLICABILITY
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley,
Washington,
5.03.02 BASIS FOR ESTABLISHING I`I-]:H AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study Spokane County" dated May 17; 1988, and any
revisions thereto, with an accompanying Flood Insurance 'Rate Map (F[RM), and any revisions thereto,
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are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study
and the FiRM are on file at the office of the Spokane Valley Floodplain Administrator.
5.03.03 STOP WORK ORDERS
Whenever any work is being done contrary to the provisions of this chapter, the Floodplain Administrator
may order the work stopped by notice in writing directed to the owner of record and/or taxpayer and/or to
those persons who are engaged in causing or contributing to such violation. Such persons shall forthwith
stop or shall cause to be stopped any such work until authorized to proceed.
5.03.04 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full
compliance with the terms of this ordinance and other applicable regulations. Intentional violations of the
provisions of this ordinance by failure to comply with any of its requirements (including violations of
conditions, stop work orders, and safeguards established in connection with conditions), shall constitute a
misdemeanor, with each day of continuing violation constituting a separate offense. Any person who
intentionally violates this ordinance or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than $1,000 or imprisoned for not more than 90 clays, or both, for each
violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained
shall prevent the City of Spokane Valley from taking such other lawful action, including seeking civil
penalties, as is necessary to prevent or remedy any violation.
SECTION 5.03.05 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail.
5.03.06 INTERPRETATION
In the interpretation and application of this ordinance,all provisions shall be:
(I)Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
5.03.07 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create liability on the part of the City of
Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made
hereunder.
SECTION 5.04. ADMINiSTRATION
5.04.01 DEVELOPMENT PERMIT REQUIRED
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in Section 5.03.2. The permit shall be for all structures including
manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and
other activities, also as set forth in the"DEFINITIONS."
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5.0=4-02 APPLICATION FOR DEVELOPMENT PERMIT
Application For a development permit shall be made on forms furnished by the City and may include, but
not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations 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 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 in Section 5-06.8.2; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
5-04-03 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Community Development Director is hereby designated as Floodplain Administrator and appointed
to administer and implement this ordinance by granting or denying development permit applications in
accordance with its provisions.
5.04.04 DUTIES AND RESPONSJJ3.1UTTES OF THE LOCAL ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but not be limited to;
5-04-04-1 P 1 +111" REVIEW
(1) Review all development permits to determine that the permit requirements of this ordinance
have been satisfied-
(2) Review all development permits to determine that all necessary permits have been obtained
from those Federal, State, or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the
floodway- If located in the floodway; assure that the encroachment provisions of Section 5,06.10
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are met.
5-04-04-2 USE OF OTHER BASE FLOOD DATA (In A and V Zones)
When base flood elevation data has not been provided (A and V Zones) in accordance with Section
5,03.02, BASIS FOR ESTA.I3LISI-TING THE AREAS OF SPECIAL FLOOD HAZARD, the Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, in order co administer Sections 5-06-8, SPECIFIC
STANDARDS, and 5.06.10 FLOODWAYS.
5.04.04.3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Where base flood elevation data is provided through the 'Flood Insurance Study, FIRM, or
required as in Section 5.04.4.2, obtain and record the actual elevation (in relation to mean sea
level) of the lowest 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 flood-proofed structures where base flood elevation
data is provided through the Flood Insurance Study, FIRM; or as required in Section 5.04.4.2:
(i) Obtain and record the elevation(in relation to mean sea level) to which the structure
was flood-proofed and
(ii) Maintain the flood-proofing certifications required in Section 5.04.2(3),
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(iii) Maintain for public inspection all records pertaining to the provisions of this
ordinance.
5,04.04A ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
5,04,04-5 ti TERPRETAT[ON OF FIRM BOUNDARIES
Make interpretations where needed, as to exact location of the boundaries of the areas of special flood
hazards ([=or example, where there appears to he a conflict between a mapped boundary and actual field
conditions). The person contesting the interpretation of the Floodplain Administrator in relation to the
boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in Section
5,05-
5.05 VARIANCE PROCEDURE
5.05.01
(1) The duly appointed Hearing Examiner shall hear and decide requests for variances from the
requirements of this section pursuant co the procedural requirements e -Sec4tion 2-02 of this—Gende, as
adopted or hereafter amended, following notice of not less than fifteen (15) days and public hearing. i.n
passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance, and;
(i) The danger that materials may be swept onto other lands to the injury of others;
(ii) The danger to life and property due to flooding or erosion damage;
(iii)The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(iv) The. importance of the services provided by the proposed facility to the community;
(v) The necessity to the facility of a waterfront location, where applicable;
(vi) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated development;
(viii) The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
(ix) The safety of access to the property in times of flood for ordinary and emergency
vch ices;
IN 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,
Or[Iinancc t}4-004 Floodplain Page 7 0 F I s
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(xi) 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_
(2) Upon consideration of the factors and the purposes of this ordinanoc, the Hearing Examiner may
anach such conditions to the granting of variances as it deems necessary to further the purposes of this
ordinance_
(3) The City shall maintain the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
(4) The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an
appeal filed timely pursuant to Chapter 36.700 RCW.
5.05.2 Conditions for Variances
(1) Generally, the only condition under which a variance 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,
providing items (i-xi) in Section 5.05.] have been fully considered. As the lot size increases the technical
justification required for issuing the variance increases.
(2) 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 shall not be issued within a deli sated floodway if any increase in flood levels during the
base flood discharge would result
(4)Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(i) A showing of good and sufficient cause, pursuant to Section 5.05(1)of this chapter;
(ii) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(in) 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, or conflict with existing local
laws or ordinances_
(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.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser
degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such
action will have low damage potential, complies with all other variance criteria except 5.05,2(1), and
otherwise complies with Sections 5.06.2, 5.064, and 5.06.5 of the GENERAL STANDARDS.
Ordinarice 04-01)4 Fl •odplaio PEI Ex 8 of 15
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(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
5.05.03 APPEALS
The duly appointed Hearing Examiner shall hear and decide appeals pursuant to Section 2.02 of this code,
as adopted or as hereafter amended. following notice of not less than fifteen(15)days and public hearing.
The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination matte by the Floodplain Administrator in the enforcement or
administration of this ordinance.
The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal
filed timely pursuant to Chapter 36.70C RCN,V.
SECTION 5.06.PROVISIONS FOR FLOOD HAZARD REDUCTiON
5.06.01 GENERAL STANDARDS
In all areas of special flood hazards, the following standards are required:
5.06.02 ANCHORING
(I) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques).
5.06.03 AH ZONE DRAINAGE
Adequate drainage paths are required around structures on slopes to guide floodwaters around and away
from proposed structures.
5.06.04 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial iniprovernents shall be constructed with materials and utility
equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices
that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities
shall be designed and/or otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
5.06.05 UTILI TIES
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems;
(2)The proposed water well shall be located on high ground that is not in the floodway (WRAC 173-
160-171);
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(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters; and,
(4)Onsite waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
5.06.06 SUBDIVISION AND OTHER PROPOSED DEVELOPMENTS
(I)All development proposals shall be consistent with the need to minimize flood damage;
(2)All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical; and
water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
and,
(4) Where base flood elevation data has not been provided or is not available from another authoritative
source, it shall be generated by a civil engineer licensed in the state of Washington for subdivision
proposals and other proposed developments.
5.06.07 REVIEW OF BUILDING PERMITS
Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another
authoritative source (Section 5.04.4.2), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain
Administrator's judgment and includes, but is not limited to use of historical data, high water marks,
photographs of past flooding, etc., where available. The Floodplain Administrator may require the
applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface.
Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may
result in higher insurance rates.
5.06.08 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided (Zones A 1-30,
AH, and AE) as set forth in Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD, or Section 5.04.4.2, Use of Other Base Flood Data, the following provisions are
required:
5.06.08.1 RESIDENTIAL CONSTRUCTION
(1)New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement, elevated one foot or more above the base flood elevation. See Section 5.06.4 for
additional requirements.
(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 professional
engineer or architect licensed in the state of Washington or must meet or exceed the following minimum
criteria:
(i) 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.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
Ordinance 04-004 Floodplain Page 10 of 1$
5.06.08.2 NON RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated one foot or more above the base
flood elevation; or,together with attendant utility and sanitary facilities, shall:
(1) Be flood-proofed so that below one foot or more above 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 professional engineer or architect licensed in the state of Washington 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.
(4) Nonresidential structures that are elevated, not flood-proofed, must meet the same standards
for space below the lowest floor.
(5) Applicants flood-proofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the flood-proofed level (e.g. a
building flood-proofed to the base flood level will be rated as one foot below).
5.06.08.3 MANUFACTURED HOMES
(I) All manufactured homes to be placed on substantially improved sites
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision,or
(iv) In an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent
foundation such that the bottom of the crawl space 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. See also
Section 5.06.4 for additional requirements.
(2) Manufactured homes to be placed on substantially improved sites in an existing manufactured home
park or subdivision that are not subject to the above manufactured home provisions shall be elevated so
that either:
(i) The bottom of the crawl space of the manufactured home is elevated one foot or more
above the base flood elevation, or
(ii)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 grad
and be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
5.06.08.4 RECREATIONAL VEHICLES
Recreational vehicles placed on sites are required to either:
(i)Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to
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the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions; or
(iii) Meet the requirements of 5.06.8.3 above and the elevation and anchoring requirements for
manufactured homes.
5.06.09 BEFORE REGULATORY FLOODWAY
(I) In areas where a regulatory floodway has not been designated, no new construction, substantial
improvements, or other development (including fill) shall 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.
(2) In the unnumbered A and 13 zones, the development may not increase the water surface elevation of
the base flood by more than one (1) foot at any point.
(3) In the A zones where base flood elevations have been provided, but floodways have not been
established, the development may not increase the surface water elevation of the base flood by more than
one-tenth (1/10'x)of a foot at any point.
(4) In the A zones where base flood elevations have been provided and floodways have been established,
the development may not increase the surface water elevation of the base flood at any point.
(5) All adjacent or other property owners impacted by the development within the floodplain must give
their written, notarized approval for increased base flood elevations upon their property.
5.06.10 FLOODWAYS
Located within areas of special flood hazard established in Section 5.03.2 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:
(I) Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels during the occurrence of the base
flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground
floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not
exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is
started, or(13) if the structure has been damaged, and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications 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
may_be included in the 50 percent.
(3) If Section 5.06.10(I) is satisfied, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Section 5.06. PROVISION'S FOR FLOOD HAZARD
REDUCTION.
Ordinance 04-004 Floodplain Page 12 of 15
5.06.11. Water-Dependent Works. •
For water-dependent utilities and other installations which by their very nature must be in the flood fringe
and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial
water supply, flood control and/or hydroelectric production; water diversion structures and facilities for
water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and
facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood
damage reduction facilities, and stream bank stabilization structures and practices), these provisions
apply:
(1) The applicant shall supply convincing evidence that a flood fringe and/or floodway location is
necessary in view of the objectives of the proposal and provided further that the proposal is consistent
with other provisions of this title and relevant local, state and federal regulations.
(2) In all instances of locating utilities and other installations in floodway locations, project design must
incorporate flood-proofing certified by a professional civil engineer registered as such by the State of
Washington to be capable of withstanding 100-year flood flows and velocities.
(3) For any works that impound water, the applicant shall provide documentation of casements, flowage
rights or ownership of the impoundment area and certification by a professional civil engineer registered
as such by the State of Washington that the works will cause no increase in the 100-year flood elevation
outside the impoundment areas and that the works and associated impoundment area will not impair the
ability of natural drainageways to drain floodwaters adequately during a flooding event.
5.06.12 STANDARDS FOR SHALLOW FLOODING AREAS(AO ZONES)
Shallow flooding areas appear on FIRlvls as AO zones with depth designations. The base flood depths in
these zones range from I to 3 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:
(1) New construction and substantial improvements of residential structures and manufactured homes
within AO zones shall have the lowest floor (including basement) 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 three feet above the highest adjacent grade to the structure if no depth number is
speci fied).
(2) New construction and substantial improvements of nonresidential structures within AO zones shall
either:
(i) 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 three feet if no depth number is specified); or
(ii) 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 shall be certified by a registered
professional engineer or architect as in subsection(3)of Section 5.06.8.2.
(3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away
from proposed structures.
Ordinance 04-004 Floodplain Page 13 of 15
(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either:
(i)Be on the site for fewer than 180 consecutive days,
(ii)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
(iii)Meet the requirements of 5.06.11(1) and 5.06.11(3) above and the anchoring
requirements for manufactured homes(Section 5.06.2(2)).
5.06.13. SPECIAL REQUIREMENTS — CHESTER CREEK, SALTESE CREEK, FOR.K.IR, AND
CENTRAL PARK FLOODPLAINS.
In addition to the other requirements of this chapter, the following areas shall not be covered by
impervious surfaces or fill unless an engineering study is prepared by a professional civil engineer,
registered as such by the state of Washington, that shows no impact to the ability of the floodplain to
infiltrate, store and release floodwaters:
(1) Chester Creek: downstream of Mohawk Road,
(2) Saltese Creek: all areas of pending and infiltration,
(3) Forker: south of the intersection of Forker Road and Progress Road,
(4) Central Park: west of Park Road.
(5) Glenrose: west of Carnahan Road and south of 8th Ave
5.06.14 CRITICAL FACILITIES
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed
within the SFHA shall have 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. Flood-proofing 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
base flood elevation shall be provided to all critical facilities to the extent possible."
Section 2. Appendix "B" of the Spokane Valley Development Code is established to assess fees for
Floodplain Development Permits by resolution of City Council.
Section 3. Severability.
If any provision of this chapter or the application to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of the chapter which can be given effect without
the invalid provision or application, and to this end the provisions of the chapter are declared to be
severable.
Ordinance 04-004 Floodplain Page 14 of 15
•
Section 4. Effective date. This ordinance shall be in full force and effect five (5) days after publication
of this ordinance or a summary thereof in the official newspaper of the City as provided by law.
Approved by the City Council this 24th day of February, 2004.
C— (A rOk—■•
Michael DeVleming, Mayor
ATTEST'
/-3t
Christine Bainbridge,City Clerk
Approved as to form: •I‘c.SP@ q•,,
Cary P. skc I, Deputy City Attorney 'T Std ^7 %.
Date of publication: 3 - 4/-0g .' cli TEO •' .
Effective date: -9 d ......•'
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Ordinance 04-044 Ploodplain Page 15 of 15