HomeMy WebLinkAboutOrdinance 2016-014 Relating to Land Use and Zoning and Amending Chapter 20.64 of the Arlington Municipal Code ORDINANCE NO. 2016-014
AN ORDINANCE RELATING TO LAND USE AND ZONING AND AMENDING
CHAPTER 20.64 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS,the City of Arlington planning staff has reviewed the provisions of
Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and
WHEREAS,the City has worked with the Department of Ecology and the Federal
Emergency Management Authority(FEMA) to amend the City's ordinances for clarity and
compliance; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on May 17, 2016; and conducted a
public hearing following proper legal notice on July 7, 2016; and
WHEREAS,the City Council was briefed on the issue on July 11, 2016 and on July
18, 2016, the City Council considered public comments and the entire record related to the
proposal contained in this ordinance; and
WHEREAS, following the same, the City Council deliberated on the code
amendment contained in this ordinance and found that amendment of the ordinance was
in the best interests of the citizens and the City;
NOW, THEREFORE,the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code Chapter 20.64 shall be and hereby is
restated to read as follows:
Chapter 20.64 - FLOODPLAIN DEVELOPMENT REGULATIONS
Sections:
Part I. - Administrative Provisions
20.64.010 - Statutory authorization.
20.64.020 - Findings of fact.
20.64.030 - Statement of purpose.
20.64.040 - Methods of reducing flood losses.
20.64.050 - Definitions.
20.64.060 - Basis for establishing the areas of special flood hazard.
20.64.070 - Abrogation and greater restrictions.
20.64.080 - Interpretation.
20.64.090 - Warning and disclaimer of liability.
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Part II—Development Regulations
20.64.100 - Supplementary information required with a permit application.
20.64.110 - Location of boundaries of floodplain and floodway districts.
20.64.120 - Setbacks from streams RHZ within the floodplain.
20.64.130 - Artificial obstructions within floodways prohibited.
20.64.140 - Permissible uses within floodways
20.64.150 - Construction within floodways and floodplains restricted.
20.64.160 - General standards.
20.64.170 - Specific standards for Zones A 1-3 0, AH, and AE.
20.64.180 - Specific standards for designated regulatory floodways.
20.64.190 - Specific standards for shallow flooding areas (AO Zones).
20.64.210 - AE and Al-30 Zones with Base Flood Elevations but No Floodways.
20.64.215 - Special provisions for subdivisions.
20.64.220 - Utility systems in floodways and floodplains.
20.64.230 - Critical facility.
20.64.240 - Additional duties of administrator related to flood insurance and flood control.
20.64.250 - Variances from requirements.
20.64.010 - Statutory authorization.
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. Therefore, the city of Arlington does ordain as follows:
20.64.020 - Findings of fact.
(a) The Special Flood Hazard Areas of Arlington encompass a very small area (0.02%) of
the developable lands within the corporate limits of the city. These areas are subject to
periodic inundation of floodwaters due to storm surges and runoff, which may result in
property damage, public safety, disruption of commerce, and other consequences.
(b) The National Flood Insurance Program is adopted by the City of Arlington, which aims
to reduce the impact of flooding on private and public structures. It does so by providing
affordable insurance to property owners and by encouraging communities to adopt and
enforce floodplain management regulations. The efforts help mitigate the effects of
flooding on new and improved structures.
(c) On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a
Biological Opinion that required changes to the implementation of the National Flood
Insurance Program in order to meet the requirements of the Endangered Species Act
(ESA) in the Puget Sound Watershed. The City of Arlington enacted regulations that
allow development that meets the criteria specified in the Biological Opinion as a"Door
2" Community.
20.64.030 - Statement of 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 by
provisions designed:
(1) To protect human life and health;
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(2) To manage development in a manner reducing impacts to floodplain processes;
(3) To minimize expenditure of public money and costly flood control projects;
(4) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(5) To minimize prolonged business interruptions;
(6) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in areas of special
flood hazard;
(7) 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;
(8) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(9) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
20.64.040 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Regulating development in Special Flood Hazard Areas (SFHA);
(2) Requiring that all development and land use activity be protected against flood
damage at the time of initial construction;
(3) Regulating filling, grading, dredging, and other development which may have an
adverse impact on flood waters ; and
(4)Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards in other areas.
20.64.050 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
its most reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of this
chapter or a request for a variance.
"Area of shallow flooding" means a designated AO, or AH Zone on the flood insurance
rate map(FIRM).The base flood depths range from one to three feet;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 and AH indicates ponding.
"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.
"Base flood" means the flood having a one percent chance of being equaled or exceeded
in any given year (also referred to as the "one hundred-year flood"). Designated on flood
insurance rate maps by the letters A or V.
"Basement"means any area of the building having its floor subgrade(below ground level)
on all sides.
"Channel migration zone" means the lateral extent of likely movement along a stream
reach during the next one hundred years with evidence of active stream channel movement
over the past one hundred years.
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"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 that produce, use or store
hazardous materials or hazardous waste.
"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..
"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.
"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.
"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 affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards 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.
"Floodplain administrator." The director of community development is hereby deemed to
be the city's floodplain administrator.
"F000dway" 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 found in Section 20.64. 170 (2).
"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. The term "manufactured home" does not include a
"recreational vehicle."
"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.
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"New construction"means structures for which the "start of construction" commenced on
or after the effective date of this chapter.
"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.
"Protected Area"means the greater of the floodway, the channel migration zone, and the
riparian habitat zone within the FEMA mapped special flood hazard area.
"Recreational vehicle" means a vehicle that 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.
"Riparian habitat zone" means an area identified on the approved map that provides the
necessary protection perpendicularly from:
(1) The ordinary high water mark,
(2) The channel migration zone,
(3) The mapped floodway.
"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 one hundred eighty 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 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 fifty
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 fifty percent of the market value of the structure
either:
(1) Before the improvement or repair is started; or
(2) 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
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building commences, whether or not that alteration affects the external dimensions
of the structure.
The term does not, however, include either:
(3) 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
(4) Any alteration of a "historic structure," provided that the alteration would not
preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water dependent" means a structure for commerce or industry that cannot exist in any
other location and is dependent on the water because of the intrinsic nature of its operations.
20.64.060 - Basis for establishing the areas of special flood hazard.
(a) The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for Snohomish
County and Incorporated Areas" (in which the city is incorporated) dated September 16,
2005, or as amended, with an accompanying flood insurance rate map (FIRM), as
amended, are hereby adopted by reference and declared to be a part of this section. The
flood insurance study and the FIRM are on file at Arlington City Hall, 238 North
Olympic, Arlington, Washington. The best available information for flood hazard area
identification as outlined in subsection (b) shall be the basis for regulation until a new
FIRM is issued which incorporates the data utilized under subsection(b).
(b) When base flood elevation data has not been provided (A and V Zones) in accordance
with subsection (a), the administrator shall use any base flood elevation and floodway
data available from a federal, state or other source, in order to comply with Section
20.64.170 (Specific Standards for Zones Al-30, AH, and AE) and Section 20.64.180
(Specific Standards for Designated Regulatory Floodways).
(c) If such data are not already available, the administrator may rely on a licensed surveyor
to provide such information as necessary to reasonably ascertain said zones.
20.64.070 -Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants,or deed restrictions.However,where this chapter and another ordinance,easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
20.64.080 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) 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.
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20.64.090 - Warning and disclaimer of liability.
The degree of flood protection required by this chapter 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 manmade or natural
causes. This chapter 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 chapter shall
not create liability on the part of City of Arlington, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
Part 11—Development Regulations
20.64.100 - Supplementary information required with a permit application.
In addition to the standard information required on a permit application, the following
information is also required for any permits proposing development within a floodway or
floodplain, watercourse alteration or relocation:
(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 floodproofed;
(3) Elevation Certification by a registered professional engineer or architect.
(4) 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.
(5) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
20.64.110 - Location of boundaries of floodplain and floodway districts.
(a) As used in this chapter, the terms floodplain and floodway refer in the first instance to
certain areas whose boundaries are determined and can be located on the ground by
reference to the specific fluvial characteristics set forth in the definitions of these terms.
These terms also refer to overlay zoning districts whose boundaries correspond to the
actual physical location of floodways and floodplains as shown on FEMA's flood
insurance rate map (FIRM) and should be shown on the map identified in the City's
adopted Shoreline Master Plan. (These overlay districts thus differ from other zoning
districts whose boundaries are established solely according to planning or policy, rather
than physical, criteria.) Therefore, the administrator is authorized to make necessary
interpretations as to the exact location of the boundaries of floodways or floodplains if
there appears to be a conflict between a mapped boundary and actual field conditions.
Such interpretations, like other decisions of the administrator, may be appealed pursuant
to Section 20.20.010 (Appeals).
(b) As used in this chapter the term riparian habitat zone (RHZ) is identified on the approved
RHZ map.The RHZ is an overlay zone that encompasses lands as defined above on either
side of all streams, and for all other watercourse including off channel areas within the
special flood hazard areas. The RHZ is a no new disturbance zone, other than for
activities that will not adversely affect the existing habitat function. Any property or
portion thereof that lies within the RHZ is subject to the restrictions of the RHZ, as well
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as any zoning restriction that apply to the parcel in the underlying zoning. Unless shown
otherwise the RHZ on a channel migration zone is fifty feet.
(c) When updating the maps the city must consider future conditions and the cumulative
effect from the future land-use changes.
(d) When updating the maps the city must consider identifying and evaluating the risk of
flooding behind one hundred-year levees within the city jurisdiction based on future
conditions and cumulative effects.
20.64.120 - Setbacks from streams RHZ within the floodplain.
_Table 20.64.120: Stream Buffer Width'
Type Buffer
S 250 feet
F-> 5 feet wide and marine shorelines 150 feet
F - < 5 feet wide and lakes 150 feet
N—perennial and seasonal streams 150—225 feet
2 Depending on slope stability
' Channel Migration Zone (CMZ) plus 50 feet
(a) Communities must use the most restrictive data available for the CMZ, Floodway,
future conditions, and RHZ's.
20.64.130 - Artificial obstructions within floodwaysprohibited.
(a) No artificial obstruction may be located within any floodway, except as provided in
Section 20.64.140 (Permissible Uses Within Floodways).
(b) For purposes of this section, an artificial obstruction is any obstruction, other than a
natural obstruction, that is capable of reducing the flood-carrying capacity of a stream or
may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A
natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an
obstruction and has been located within the floodway by a non-human cause.
20.64.140 -Permissible uses within floodways.
(a) Notwithstanding Chapter 20.40 (Permissible Uses) of this Title,no permit to make use of
land within a floodway may be issued unless the proposed use is listed as permissible in
the Table of Permissible Uses, Chapter 20.93 (Critical Areas Ordinance), and in the
following list:
(1) General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and
related uses.
(2) Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and
other similar ground-level area uses.
ORDINANCE No. 2016-014 8
(3) Lawns, gardens, play areas, and other similar uses.
(4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks,
hiking or horseback-riding trails, open space, and other similar private and public
recreational uses.
(b) General development standards to be followed in special flood hazard area include:
(1) If a lot has a buildable site out of the special flood hazard area, all new structures
shall be located there, when feasible. If the lot is fully in the floodplain, structures
must be located to have the least impact on salmon.
a. All structures must be set back at least 15 feet from the protected area and sited as
close to the SFHA boundary as possible.
(2) Stormwater and drainage features shall incorporate low impact development
techniques that mimic pre-development hydrologic conditions, when technically
feasible.
(3) Creation of new impervious surfaces shall not exceed ten percent of the surface area
of the portion of the lot in the floodplain unless mitigation is provided.
(4) Uses that are not permitted in the protected area unless shown not to adversely affect
water quality, habitat, and large woody debris include; septic tanks and drain fields,
dumping of any materials, hazardous or sanitary waste landfills: receiving area for
toxic or hazardous waste or other contaminants.
(5) a. The proposed action must be designed and located so that new structural flood
protection is not needed.
b. All bank stabilization measures requiring armoring of the streambank or
shoreline shall utilize bioengineering per the Integrated Streambank Protection
Guidelines 2003 (for riverine shorelines) or the State Shorelines Guidelines on
bank stabilization 2003 (for estuarine and marine shorelines).
(6) In an SFHA outside the Protected Area,zoning is required to maintain a low density
of flood plain development. Concepts of cluster development, density transfer,
credits and bonuses, planned unit development, and transfer of development rights
shall be employed wherever possible.
20.64.150 - Construction within floodways and floodplains restricted.
Any development occurring in the floodway or floodplain will require the issuance of a
"flood hazard permit". A development permit shall be obtained before construction or
development begins within any area of special flood hazard area. The permit shall be for all
structures including manufactured homes, and for all development including fill and other
activities as set forth in this chapter.
(1) No land use or building permit may be issued for any development within a
floodplain until the permit-issuing authority has reviewed the plans for any such
development to assure that:
(A) The proposed development is consistent with the need to minimize flood
damage, and
(B) All public utilities and facilities such as sewer, gas,electrical,and water systems
are located and constructed to minimize or eliminate flood damage, and
(C) Adequate drainage is provided to minimize or reduce exposure to flood hazards,
and
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(D) All necessary permits have been received from those agencies from which
approval is required by federal or state law, and
(E) The application for a permit to develop in the affected area must include the
elevations of the ten-, fifty-, and one hundred-year floods, where such data are
available, and
(F) The applicant must record a notice on the title that the property contains land
within the RHZ and/or one hundred-year floodplain before a permit may be
issued, and
(G) Any improvements or repairs to existing structures that result in a greater than
ten percent increase of the structure footprint must mitigate for any adverse
effects, and
(H) Removal of native vegetation must leave sixty-five percent of the surface area
of the portion of the property in the floodplain in an undeveloped state, and
(I) Development in the protected area (floodway, RHZ, and CMZ plus 50 feet) is
prohibited unless it is demonstrated that any proposed development in the area
does not adversely affect water quality, water quantity, flood volumes, flood
velocities, spawning substrate, and/or floodplain refugia for listed salmonids.
No mitigation is allowed within the protected area. However, project design
elements to avoid any adverse effects may be allowed.
(2) Any development outside the Protected Area must mitigate for adverse effects, both
direct and indirect on functions such that equivalent or better salmon habitat
protection is provided for:
(A) Stormwater: Reduce flood volumes and stormwater runoff from new
development by ensuring that increased flood volumes of stormwater reach the river
at the same frequency, timing and duration as historic runoff. Low impact
development is required to be incorporated as described in Chapter 20.64.140(b)(2).
(B) Riparian vegetation: maintain or replace riparian function by providing
equivalent area, diversity, and function of riparian vegetation as currently exists on
the site. Riparian retention requirements are outlined in Chapter 20.64.150(l)(H).
(C)Hyporheic zones:No activity is allowed that interferes with the natural exchange
of flow between surface water, groundwater, and hyporheic zone, however, natural
hyporheic exchange may be enhanced or restored.
(D) Wetlands: Wetland function must be maintained or replaced by providing
equivalent function.
(E) Large Woody Debris: Any large woody debris (LWD) removed from the
floodplain must be replaced in kind, replicating or improving the quantity, size, and
species of the existing LWD.
(3) No building may be constructed and no substantial improvement of an existing
building may take place within any floodway. This includes a prohibition on
installing new mobile homes in an existing mobile home park located in a floodway,
even if the park is nonconforming.
(4) Where elevation data is not available either through the flood insurance study,FIRM,
or from another authoritative source the applicant shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a
federal, state or other source (Subsection 20.64.060(b) Basis for Establishing the
ORDINANCE No. 2016-014 10
Areas of Special Flood Hazard), applications for building permits shall be reviewed
to assure that proposed construction will be reasonably safe from flooding.
(5) No new residential building may be constructed and no substantial improvement of
a residential building may take place within any floodplain unless the lowest floor
(including basement) of the building or improvement is elevated one foot or more
above the base flood level.
(A) Residential accessory structures shall be allowed within floodplains provided
they are firmly anchored to prevent flotation.
(B) Anchoring of any accessory buildings may be done by bolting the building to a
concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half
inch bolts six feet on center with a minimum of two per side shall be required.
If over-the-top ties are used, a minimum of two ties with a force adequate to
secure the building is required.
(6)No new nonresidential building may be constructed and no substantial improvements
of a nonresidential building may take place within any floodplain unless the lowest
floor (including basement) of the building or improvement is elevated or
floodproofed one foot or more above base flood elevation(BFE).
(7) For purposes of this section, "substantial improvement" means for a building
constructed prior to the effective date of this title, any repair, reconstruction, or
improvement of a building the cost of which equals or exceeds fifty 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.
"Substantial improvement" occurs when the first alteration on any wall, ceiling,
floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the building. The term does not,
however, include either:
(A) Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications that are solely necessary to insure
safe living conditions, or
(B) Any alteration of a building listed on the National Register of Historic Places or
a State Inventory of Historic Places.
(8) No land use or building permit may be issued for any development within a
floodplain until the permit-issuing authority has reviewed the plans to assure that any
new construction or substantial improvements shall be:
(A) Designed (or modified) and adequately anchored to prevent flotation collapse,
or lateral movement of the structure.
(B) Constructed with materials and utility equipment resistant to flood damage.
(C) Constructed by methods and practices that minimize flood damage.
(9) Notwithstanding any other provision of this title, no mobile home may be located or
relocated within that portion of the floodplain outside of the floodway, unless the
following criteria are met:
(A) Ground anchors for tie downs are provided.
(B) The following tie-down requirements are met:
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(i) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(ii) 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).
(C) Lots or pads are elevated on compacted fill or by any other method approved by
the administrator so that the lowest habitable floor of the mobile home is at or
above the base flood level.
(D) Adequate surface drainage and easy access for mobile home hauler is provided.
(E) Load-bearing foundation supports such as piers or pilings must be engineered.
(10) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be
adequately stabilized to withstand the erosive force of the base flood.
20.64.160 - General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
(B) 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).
(2) AH Zone Drainage—Adequate drainage paths are required around structures on
slopes to guide floodwaters around and away from proposed structures.
(3) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(B) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(C) 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.
20.64.170 - Specific standards for Zones Al-30, AH. and AE.
In all areas of special flood hazards where base flood elevation data has been provided
(Zones Al-30, AH, and AE on the community's FIRM) as set forth in Section 20.64.060
(Basis for Establishing the Areas of Special Flood Hazard), the following provisions are
required:
(1) Residential construction.
ORDINANCE No. 2016-014 12
(A) 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.
(B) 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:
(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.
(2) Nonresidential 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:
(A) Be floodproofed 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;
(B) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(C) 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 floodplain administrator or building
official.
(D) Applicants floodproofing nonresidential buildings shall 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).
(3) Manufactured Homes.
(A) All manufactured homes to be placed or substantially improved on 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;
(v) Shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot or more above
ORDINANCE No. 2016-014 13
the base flood elevation and be securely anchored to an adequately
designed foundation system to resist flotation, collapse and lateral
movement.
(B) 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:
(i) The lowest floor 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 thirty-six inches in height above grade and be securely
anchored to an adequately designed foundation system to resist
flotation, collapse, and lateral movement.
(4) Recreational Vehicles—Recreational vehicles placed on sites are required to
either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) 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
(C) Meet the requirements of Subsection 20.64.170(c)(3) Specific Standards
for Zones Al-30, AH, and AE—Manufactured Homes) above, and the
elevation and anchoring requirements for manufactured homes.
20.64.180 - Specific standards for designated regulatory floodwas.
Located within areas of special flood hazard established in Section 20.64.060 (Basis for
Establishing the Areas of Special Flood Hazard) are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris,
potential projectiles, and erosion potential, the following provisions apply:
(1) 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 fifty percent of the
market value of the structure either, (A)before the repair, or reconstruction is started,
or (B) 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
shall not be included in the fifty percent.
ORDINANCE No. 2016-014 14
(3) If Subsection 1 is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Section 20.64.180
through Section 240.
20.64.190 - Specific 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:
(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
two feet above the highest adjacent grade to the structure if no depth number is
specified).
(2) New construction and substantial improvements of nonresidential structures within
AO Zones shall either:
(A) 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
(B) 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, a registered professional
engineer or architect as in Subsection 20.64.170 (Specific Standards for Zones
Al-30, AH, and AE) shall certify compliance.
(3) Require adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM
either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) 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
(C) Meet the requirements of Subsections 1 and 3 above and the anchoring
requirements for manufactured homes (Subsection 20.64.160(1), General
Standards).
20.64.210 AE and Al-30 Zones with Base Flood Elevations but No Floodways.
In areas with base flood elevations (but where a regulatory floodway has not been
designated),no new construction, substantial improvements, or other development(including
fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with
ORDINANCE No. 2016-014 15
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.
20.64. 215 - Special provisions for subdivisions.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 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.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
(d) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments that contain at least fifty lots or five acres (whichever is less).
(e) All subdivisions are subject to use and construction restrictions contained in Section
20.64.130 (Artificial Obstructions Within Floodways Prohibited), Section 20.64.140
(Permissible Uses Within Floodways), Section 20.64.150 (Construction Within
Floodways and Floodplains Restricted), and Section 20.64.220 (Utility Systems in
Floodways and Floodplains) if any portion of the land to be subdivided lies within a
floodway or floodplain.
(f) Final plat approval for any subdivision containing land that lies within a floodway or
floodplain may not be given unless the plat shows the boundary of the floodway or
floodplain and contains in clearly discernible print the following statement: "Use of land
within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of
the Arlington Municipal Code."
(g) Subject to the following sentence, a conditional use permit or final plat approval for any
subdivision may not be given if:
(1) The land to be subdivided lies within a zone where residential uses are permissible
and it reasonably appears that the subdivision is designed to create residential
building lots, and
(2) Any portion of one or more of the proposed lots lies within a floodway or floodplain,
and
(3) It reasonably appears that one or more lots described in Subdivisions (1) and (2) of
this subsection could not practicably be used as a residential building site because of
the restrictions set forth in Section 20.64.150 (Construction Within Floodways and
Floodplains Restricted), Section 20.64.160 (General Standards), and Section
20.64.170 (Specific Standards for Zones Al-30, AH, and AE).
20.64.220 - Utility systems in floodways and floodplains.
Whenever any portion of a proposed development is located within a floodway or
floodplain, the agency or agencies responsible for certifying to the city the adequacy of the
utility systems for the development (as set forth in Chapter 20.60) shall be informed by the
developer that a specified area within the development lies within a floodway or floodplain.
Thereafter, said agency shall certify, prior to approval of the proposed system, that:
(1) All new and replacement water supply systems are designed to minimize or eliminate
infiltration of flood waters into the systems;
ORDINANCE No. 2016-014 16
(2) Any proposed water wells are located on high ground that is not in the floodway
(WAC 173-160-171);
(3) New and replacement sanitary sewage systems are designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into
flood waters; and,
(4) On-site waste disposal systems are located to avoid impairment to them or
contamination from them during flooding; and
(5) All new utilities would be located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
20.64.230 - Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area(SFHA) (one hundred-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 or to the height of the five hundred-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 base flood
elevation shall be provided to all critical facilities to the extent possible.
20.64. 240 - Additional duties of administrator related to flood insurance and flood control.
The administrator shall:
(1) For the purpose of the determination of applicable flood insurance risk premium rates
within zone A on the city's flood insurance rate map provided by the U.S. Federal
Emergency Management Agency:
(A) Obtain and record the elevation(in relation to mean sea level)of the lowest floor
(including basement) of all new or substantially improved structures including
to which level it was floodproofed; and
(B) Obtain, for all structures that have been floodproofed (whether or not such
structures contain a basement) the elevation (in relation to mean sea level in the
FEMA datum)to which the structure was floodproofed; and
(C) Maintain the floodproofing certifications found in others sections of this chapter;
and
(D) The city will track projects which have been issued floodplain development
permits, including effects to flood storage and fish habitat and mitigation
provided.
(E) Maintain a record of all such information for public inspection.
(2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of
Engineers, the Washington State Department of Fish and Wildlife, and any effected
diking or drainage districts prior to any alteration or relocation of a watercourse, and
submit copies of such notification to the Federal Insurance Administrator.
(3) Ensure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained and within the same sub-basin so carrying capacity is not
diminished.
ORDINANCE No. 2016-014 17
(4) Maintain the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
20.64.250 - Variances from requirements.
(a) 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 (1-11) in subsection(i), below,
have been fully considered. As the lot size increases, the technical justification required
for issuing the variance increases.
(b) 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.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result, or the development may eventually require
additional structural flood protection.
(d) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) The submittal, review and approval of a biological assessment;
(3) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(4) 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.
(f) 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.
(g) Variances may be issued for nonresidential 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 (i)l, and otherwise complies with Subsection
20.64.160(a) General Standards), Subsection 20.64.170(2)(c), and Section 20.64.220
(Utility Systems in Floodways and Floodplains).
(h) Any applicant to whom a variance is granted is hereby notified 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.
(i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the
decision-maker shall consider and make findings concerning all technical evaluations, all
relevant factors, standards specified in other sections of this chapter, and (including the
degree to which the applicant proposes to mitigated impacts to) the following:
ORDINANCE No. 2016-014 18
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The impact to ESA listed species;
(4) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The necessity to the facility of a waterfront location, where applicable;
(7) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(8) The compatibility of the proposed use with existing and anticipated development;
(9) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(10)The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11)The expected heights, velocity, duration, rate of rise, debris and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the site;
and,
(12)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.
(j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the
decision-maker may attach such conditions to the granting of a waiver, as it deems
necessary to further the purposes of this chapter.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
Section 4. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 5. Copy to Commerce Department. Pursuant to RCW
36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State
Department of Commerce for its files within ten (10) days after adoption of this
ordinance.
ORDINANCE No. 2016-014 19
PASSED BY the City Council and APPROVED by the Mayor this 18th day of July, 2016.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Deana Dean, Deputy City Clerk
Approved as to form:
Ste ken if
City Attorney
ORDINANCE No. 2016-014 20
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on July 18, 2016, the City Council of the City of Arlington,
Washington, did adopt Ordinance No. 2016-014 entitled,
"Relating to Land Use and Zoning and Amending Chapter 20.64 of the
Arlington Municipal Code"
This ordinance is effective five days from passage and publication, except as otherwise
specified in the ordinance.
The full text of the ordinance is available to interested persons and will be mailed upon
request.
Deana Dean
Deputy City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
1, Deana Dean, being the duly appointed and acting Deputy Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016-
014 was approved at the July 18, 2016 City Council meeting.
ORDINANCE NO. 2016-014
"Relating to Land Use and Zoning and Amending Chapter 20.64 of the Arlington Municipal
Code"
A true and correct copy of the original ordinance is attached.
Dated this 19 day of July, 2016.
Deana Dean
Deputy City Clerk for the City of Arlington
1