HOMER, ALASKA
City MManager/
City Plannering
ORDINANCE
09-38
AN ORDINANCE OF THE AMENDING TITLE 21 ZONING AND
PLANNING TO UPDATE 21.41 FLOOD PRONE AREAS TO REFLECT REVISIONS RECOMMENDED BY
FEMA AND ADOPTING (BY REFERENCE) THE FLOOD INSURANCE RATE MAPS (FIRM) (CITY
OF HOMER, ALASKA KENAI PENINSULA BOROUGH) DATED SEPTEMBER 25, 2009.
WHEREAS, The City must participate in the National
Flood Insurance Program to be eligible for emergency federal funding in case of
disaster; and
WHEREAS,
FEMA has conducted a national map modernization program to switch from paper
flood insurance rate maps to digital maps; and
WHEREAS,
As part of the program the Homer maps have been updated; and
WHEREAS,
The maps must be adopted by the city in order for the city to continue to
participate in the floodplain program; and
WHEREAS,
The city’s floodplain code was reviewed by FEMA and found to need minor
adjustments to be compliant with the requirements of the National Flood
Insurance Program (NFIP); and
WHEREAS,
It is in the City’s best interest to require fuel tanks be anchored in flood
zones to prevent them from floating away or colliding with other structures
during a flood event; and
WHEREAS,
Allowing buildings in coastal high hazard areas to be built on compacted fill
is not in compliance with the NFIPNFRIM
and any structures built thus would be a violation of the program and
jeopardize the city’s participation; and
WHEREAS,
The Natural Resources Chapter of the 1989 Comprehensive Plan, Section E
Objective 1 states , “Manage Homer’s special natural
features in a manner which preserves important natural features while
protecting human life and property from natural hazards”;” and
WHEREAS,
The Homer Advisory Planning Commission conducted a public hearing on August 5,
2009, and recommend that the City Council adopt this ordinance.
NOW,
THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. Homer City Code Title 21 Zoning and Planning,
21.41 Flood Prone Areas, is hereby amended to read as follows:
FLOOD
PRONE AREAS
Sections:
21.41.010 Purpose and intent.
21.41.020 Applicability.
21.41.030 Definitions.
21.41.040 Basis
for establishing flood hazard areas.
21.41.050 Warning;
no liability.
21.41.060 Noncompliance;
violations; enforcement.
21.41.070 Development
permit required.
21.41.080 Administration
by planning department.
21.41.090 Functions
and powers of planning department.
21.41.100 Fee
required.
21.41.200 Standards
– all flood hazard areas.
21.41.220 Standards
– where base flood elevation data is provided.
21.41.230 Standards
– floodways.
21.41.240 Standards
– shallow flooding areas.
21.41.250 Standards
– coastal high hazard areas.
21.41.300 Variances
– planning commission.
21.41.310 Variances
– factors considered.
21.41.320 Variances
– conditional approval.
21.41.330 Variances
– records and reports.
21.41.340 Variances
– conditions for granting.
21.41.400 Appeals.
21.41.010 Purpose and
Intent. a. This chapter designates and classifies
ecologically sensitive and hazardous areas, protects the functions and values
of the areas, and provides the means for additional review and protection to ensure
the continued growth in a safe, orderly fashion for the greater health, welfare
and safety of all Homer residents.
b. The purpose of the chapter is to protect the
public from flooding and other natural hazards, to minimize the need for
emergency rescue, to protect unique, fragile, and vulnerable
elements of the environment, to minimize the cost of replacing public
facilities, to alert the public of these critical areas, to avoid public
subsidy of private development impacts, to assist property owners
in developing their property by promoting innovative land use techniques; and
to work in concert with other land use regulations.
21.41.020 Applicability.
This chapter applies to all lands within the City of Homer and the Bridge Creek
Watershed Protection District that contain area of special flood
hazard, including coastal hazard areas, and to all development on those lands.
This chapter constitutes
an
overlay district, and the regulations in this chapter apply to lands in that
overlay district in combination with the regulations of the underlying
zoning districts. This chapter imposes
regulations and standards in addition to what is required by the underlying
zoning district(s).
21.41.030 Definitions. For the purposes of this chapter, the following
words and phrases shall be defined as follows:
"Accessory
structures" mean low cost buildings such as detached garages,
boat houses, small poles, not to be used for human habitation, shall be
constructed and placed on the building site so as to offer minimum resistance
to the flow of flood waters; shall be anchored to prevent
flotation which may result in damage to other structures; and service utilities
such as electrical and hearing equipment shall be elevated or flood-proofed. No
elevation certificate or variance is required for a development determined by
the City to be an accessory structure.
"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)
with
a 1
percent or greater chance of flooding.
The base flood depths range from one to three feet, where
a clearly defined channel does not exist, where; the
path of flooding is unpredictable; and and indeterminate;
where
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 the city subject to a one percent or greater chance of
flooding in any given year. Designation on maps always includes the letters
A or V.
The
term “special flood hazard area” is interchangeable with this definition. This
area is often referred to as the 100-year floodplain.
"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.
"Basement"
means any area of the building having its floor subgrade
(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.
"Coastal
high hazard area" means an area of special flood hazard extending
from offshore to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms or seismic
sources. The area is designated on the FIRM as Zone
V1-V30, VE or V.
"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, access roads, water supply,
power, communications and other public utility facilities that are vital to
maintaining or restoring services.
"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, storage of equipment or materials,
or any other activity which results in the removal of substantial amounts of
vegetation or in the alteration of nature site characteristics located within
the area of special flood hazard or
coastal high hazard
area.
"Elevated
building" 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.
"Flood"
or "flooding"
means a general and temporary condition of partial or complete
inundation of normally dry land areas from one or both of the following:
a. The overflow of inland or tidal
waters.
b. The unusual and rapid
accumulation of runoff of surface waters from any source.
"Federal
Emergency Management Agency"
or "FEMA"
is the agency responsible for administration of the National Flood Insurance
Program.
"Special flood hazard area"
- Fsee "means the land area
covered by the flood, having a one percent chance of occurring in any given
year. See also 100-year flood area of special flood
hazard".
"Flood
insurance rate map" or "FIRM"
means
an official the map
of the city issued by the Federal Insurance Administrator FEMA whiwhich
delineates both the special hazard areas subject to the 100-year flood , the and the risk premium zones. water surface elevation
of the base flood and the flood insurance rate zones.
"Flood
insurance study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood
Boundary-Floodway Insurance Rate
Map, and the water surface elevation of the base
flood.
"Floodway"
means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height, usually
one foot, at any point.
"Functionally
dependent use" means a use that cannot perform its intended
purpose unless it is located or carried out in close proximity to water. Their
term includes only docking facilities and port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities.
"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 the basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so
as to render the structure in violation of the applicable non-elevation design
requirements of this chapter found at HCC § 21.41.220(a).
"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
connected to the required utilities. For flood
plain management purposes, the term "manufactured home" also includes
recreational vehicles, travel trailers, and other similar vehicles placed
on site for greater than 180 consecutive days. For insurance purposes the term
"manufactured home" does not include recreational vehicles, travel
trailers, and other similar vehicles.
"100-year
flood" (also called "regulatory
flood," "base flood"
or "special
flood hazard area")
– see “base flood”.
means a flood of a magnitude which can be expected to occur on an average of
once every 100 years. It is possible for this size flood to occur during any
year, and possibly in successive years. It would have a one percent chance of
being equaled or exceeded in any year. Statistical analysis of available
stream flow or storm records, or analysis of rainfall and runoff
characteristics of the watershed, or topography and storm characteristics are
used to determine the extent and depth of the 100-year flood.
"Start
of construction" includes substantial improvement, and means the
date the development permit was issued, provided the actual
start of construction,
repair, reconstruction,
rehabilitation,
addition,
placement or other improvement was within 180 days
of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
or walkways; nor does it include excavation for
a basement, footings, piers, or foundation or 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 liquid
or gas storage tank,
that
is principally above ground,
as well as a manufactured home 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,
rehabilitation,
addition, or
other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before
the “start of construction” of the improvement. This term includes structures
which have incurred “substantial damage”, regardless of the actual repair work
performed. 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. either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged and is being
restored, before the damage occurred. For the purposes of this definition
"substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the structure.
The
term does not, however, include either:
a.
Any project for improvement of a structure to comply with existing violations of
state or local health, sanitary, or safety code
specifications which
are
the
minimum
solely necessary
to assure safe living conditions, or
b.
Any alteration of a “historic
structure” listed
on the National Register of Historic Places or a State Inventory of Historic
Places,
provided that the alteration will not preclude the structure’s continued
designation as a “historic structure”.
"Variance"
means a grant of relief by
the city from the requirements of this chapter, which
permits construction in a manner that would otherwise be prohibited by this
chapter.
"Water
dependent" means a structure for commerce or industry, which
cannot exist in any other location and is dependent on the water
because of the intrinsic nature of its operations. (Ord. 08-29, 2008).
21.41.040 Basis for establishing flood hazard areas. Flood hazard areas are
identified by the Flood Insurance Rate Maps with an effective date of June 16,
1999. The Flood Insurance Rate Maps are adopted by reference and declared to be
a part of this chapter. The Flood Insurance Rate Maps are on file at the
planning department. Any flood information that is more restrictive or detailed
than
the FEMA data can be used for flood loss reduction and purposes, including
wetland, erosion and drainage mapping. (Ord. 08-29, 2008).
The areas of special flood
hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled “The Flood Insurance Study for the City of Homer,
Alaska,” dated September 25, 2009, with accompanying Flood Insurance Rate Maps (FIRM), are hereby
adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM is on file
in the Planning and Zoning office.
21.41.050 Warning; no 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 the City of Homer, 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 thereunder. (Ord. 08-29, 2008).
21.41.060 Noncompliance; violations; enforcement. a. No structure or land shall after
April 29, 2003, be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable
regulations.
b. Violations of this chapter are infractions,
and are subject to criminal penalties pursuant
to HCC Chapter 1.16.
c. In addition, the city may take any other
lawful action as necessary to prevent or remedy any violation, including but
not limited to all enforcement and civil remedies available under this title
and HCC Chapter 1.16. (Ord. 08-29, 2008).
21.41.070 Development permit required. A development permit shall be obtained before
construction or development begins within special flood
hazard areas established in HCC § 21.41.040. The permit shall be for
all structures and for all other development including
fill and other activities. The permit shall be for all
development as defined by 21.41.030. Application
for a development permit shall be made on forms furnished by the City and shall
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:
a. Elevations to be determined by registered
state land surveyors in relation to North American Vertical Datum of 1988
(NAVD88
mean
sea level the vertical datum used as a
reference in the Flood Insurance Study for flood, ground, and structure
elevations)
of the lowest floor (including basement) of all
structures;
b. Elevation in relation to mean sNAVD88
to which any structure has been flood proofed; ea level
c. Certification by a registered professional
engineer or architect that the flood proofing methods for any nonresidential
structure meet the flood proofing criteria in HCC § 21.41.220(b);
d. Description of the extent to which a
watercourse will be altered or relocated as a result of proposed development.
(Ord. 08-29, 2008).
21.41.080 Administration by planning department. The planning department, acting under the
direction of the City Planner, is appointed to administer, implement, and
enforce this chapter by granting or denying development permit applications and
otherwise acting in accordance with its provisions.
21.41.090 Functions and powers of planning department. The functions and powers of the planning
department include:
a. Permit Application Review.
1.
Review all development permit applications to determine that the permit
requirements have been met,
2. Review all development permit applications 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 permit applications to determine
if the proposed development is located in the floodway. If located in the
floodway, assure that the encroachment provisions of HCC § 21.41.230(a) are
met.
b. Issue Permit.
1. Upon determination that the submitted and
recorded information connected with the permit application meets the terms of
this chapter, the planning department shall issue a floodplain development
permit to the original applicant.
2. The
floodplain development permit shall be valid
for 180 days. for a period of one year
from the issue date.
2.. The floodplain development permit is not
assignable without permission from the planning department.
c. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with HCC § 21.41.220 the
Planning Department shall obtain, review, and reasonably utilize any base flood
and floodway elevation data available from a federal,
state or other source, in order to administer
HCC §§ 21.41.220(a)-(b) and 21.41.230.
d. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided
through the Flood Insurance Study or required in HCC § 21.41.090(c)
, record the actual elevation as submitted (in relation to
mean
seal level NAVD88)
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:
a. Record the actual elevation as submitted (in
relation to mean sea level); and,
b. Maintain the flood proofing certifications
required in HCC § 21.41.070(c);
3.
Maintain for public inspection all records
pertaining to the provisions of this chapter.
e. Alteration of Watercourses.
1.
Notify adjacent communities and the Alaska Department of Community and
Economic Development and Regional Affairs 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.
21.41.100 Fee required. The planning department shall charge fees for
permits and variances. Fees shall be established by resolution of the Homer
City Council to be paid by the applicant at the time that the floodplain
development permit application or variance application is submitted.
21.41.200 Standards – all flood hazard areas.
In all flood hazard areas, the following standards
apply:
a.
Anchoring.
1.
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement of the
structure.
2. All manufactured homes must 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.
b. Construction Materials and Methods.
1.
All new construction and substantial improvements 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 elevated or
otherwise located to prevent water from entering or accumulating within the
components during conditions of flooding.
c. Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
2. New and
replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems
into floodwaters; and,
3.
On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
d. Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need to
minimize flood damage.
2.
All proposed improvements such as water, sewer, natural gas, telephone
and electrical facilities shall be located and
constructed in a manner which will minimize damage in the event of a flood.
3.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
4.
Where base flood elevation data has not been provided
or is not available from another authoritative source, it shall be generated
for all subdivision proposals located in unnumbered A or V Zones when the
subdivision is planned to be 50 lots or 5 acres, whichever is less.
5.
It is the responsibility of the subdivider to provide
all necessary information regarding flood protection measures at the time the
preliminary plat is presented for consideration by the planning commission.
e. Review of Development Permits.
1.
Where elevation data is not available, applications for
development permits shall be reviewed to assure that proposed construction will
be reasonably safe from flooding.
2.
The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, and
other evidence where available.
21.41.220 Standards – where base flood elevation data
is provided. In
all flood hazard areas where base flood elevation data has been provided as set
forth in HCC § 21.41.040 the following provisions are required:
a. Residential Construction.
1.
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to one foot
above the base flood elevation.
2. Fully enclosed areas below the lowest floor
that are subject to flooding are prohibited,
or
shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this
requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
i. Fully enclosed areas below the lowest floor
that are subject to flooding are to be used solely for parking of vehicles, building
access, or limited storage.
ii. 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. a
iii. The bottom of all openings
shall be no higher than one foot above grade. b
iv. Openings may be equipped with screens,
louvers, or other coverings or devices if they permit the automatic entry and
exit of floodwaters. c
b. Nonresidential Construction. New construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including
basement, elevated to the level of the base flood elevation; or, together
with attendant utility and sanitary facilities, shall:
1.
Be flood proofed so that below the base flood level the structure is
water tight with walls substantially impermeable to the passage of water;
2.
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
3.
Be certified by a registered professional engineer or architect that the
standards of this subsection are satisfied. Such certifications shall be
provided to the official as set forth
in HCC § 21.41.090(d)(2);
4.
Nonresidential structures that are elevated, not flood proofed, must
meet the same standard for space below the lowest floor as described in HCC § 21.41.220(a)(2);
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 constructed to the base
flood level will be rated as one foot below that level).
c. Manufactured Homes. All manufactured
homes to be placed or substantially improved within Zones A1-30, AH, and AE
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home
is
elevated to one foot above the base flood elevation is at or above the base
flood
elevation and
be securely anchored to an adequately anchored foundation system in accordance
with the provisions of HCC § 21.41.200(a).
d. Recreational Vehicles. A recreational vehicle
placed on a site within Zones A1-30, AH, and AE on the city's FIRM
either must:
1.
Be on site for fewer than 180 consecutive days, or
2.
Be fully licensed and ready for highway use, on its wheels or jacking
system, be attached to the site only by quick disconnect type utilities and
security devices, and have no permanently attached
additions; or
3.
Meet the requirements of HCC § 21.41.220(c) and the elevation and
anchoring requirements for manufactured homes.
21.41.230 Standards – floodways. Located within flood hazard areas established
in HCC § 21.41.040 are areas designated as floodways. Since the floodway
is an extremely hazardous area due to erosion potential and the velocity of
floodwaters which carry debris, the following provisions apply:
a. All encroachments, including fill, new
construction, substantial improvements, and other development are
prohibited unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the base
flood discharge.
b. If subsection (a) of this section is
satisfied, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of HCC §§ 21.41.200—21.41.250.
21.41.240 Standards – shallow flooding areas. Shallow flooding areas appear on FIRMs as AO
zones with depth designations. The base flood depths in these zones range from
1 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:
a. 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
grade adjacent to the building, one foot or more above the depth number
specified on the FIRM (at least two feet if no depth number is specified).
b. New construction and substantial
improvements of nonresidential structures within AO zones shall either:
1.
Have the lowest floor (including basement) elevated above the highest
adjacent grade of the building site, one foot or more above the depth number
specified on the FIRM (at least two feet if no depth number is specified);
or
2.
Together with attendant utility and sanitary facilities, be completely
flood proofed to or above that
level so that any space below that level is watertight with walls substantially
impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer as in HCC § 21.41.220(b)(3).
c. Adequate drainage paths around structures on
slopes must guide floodwaters around and away from proposed structures.
d. A recreational vehicle placed on a site
within AO Zones must either:
1. Be on the site for fewer than 180
consecutive days, or
2.
Be fully licensed and ready for highway use, on its wheels or jacking
system, be attached to the site only by quick disconnect type utilities and
security devices, and have no permanently attached additions; or
3. Meet the requirements of HCC § 21.41.240 and
the elevation and anchoring requirements for manufactured homes.
e. A minimum of two openings on at least two
different walls of the enclosure must be installed. The bottom of the openings
must be no higher than one foot above grade.
21.41.250 Standards – coastal high hazard areas. Located within areas of special flood hazard
established in HCC § 21.41.040 are Coastal High Hazard Areas, designated as
Zones V1-V30, VE or V. These areas have special flood
hazards associated with high velocity waters from surges and, therefore, in
addition to meeting all other provisions in this chapter, the following
provisions shall also apply:
a. All new construction and substantial
improvements in Zones V1-V30 and VE (V
if base flood elevation data is unavailable) shall be elevated on pilings and
columns so that:
1.
The bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated one foot or more above the
base flood level; and
2.
The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Wind and
water loading values shall each have a one percent chance
of being equaled or exceeded in any given year (100-year mean recurrence
interval);
b. A registered professional engineer or
architect shall develop or review the structural design, specifications and
plans for the construction, and shall certify that the
design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of HCC § 21.41.250(a)(1) and
(2).
c. The developer shall obtain and provide to
the planning department the elevation (in relation to mean sea level) of the
bottom of the lowest structural member of the lowest floor (excluding pilings
and columns) of all new and substantially improved structures in Zones V1-30
and VE, and whether or not such structures contain a basement. The
planning department shall maintain a record of all such information.
d. All new construction shall be located
landward of the reach of mean high tide.
e. All new construction and substantial
improvements have the space below the lowest floor either free of
obstruction or constructed with non-supporting breakaway walls, open wood
lattice-work, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system.
For the purpose of this section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds per square
foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required
by local or State codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed
meet the following conditions:
1.
Breakaway wall collapse shall result from water load less than that
which would occur during the base flood; and
2.
The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Maximum wind and water loading
values to be used in this determination shall each have
a one percent chance of being equaled or exceeded in any given year (100-year
mean recurrence interval).
f. If breakaway walls are utilized, such
enclosed space shall be useable solely for parking of vehicles, building
access, or storage. Such space shall not be used for human
habitation.
g. The use of fill for structural support of
buildings is prohibited.
unless compacted to a
density of 95% as measured on a compaction meter in areas that are currently
developed.
hg. Man-made
alteration of sand dunes that would increase potential flood damage is
prohibited.h
hi.i. All
manufactured homes to be placed or substantially improved within Zones V1-V30,
V, and VE on the FIRM shall meet the standards of HCC § 21.41.250(a) – (h) and
shall meet the requirements of
HCC § 21.41.220(c).
ij.j. A
recreational vehicle placed on a site within Zones V1-30, V, and VE on the FIRM
shall either:
1.
Be on the site for fewer than 180 consecutive days, or
2.
Be fully licensed and ready for highway use, on its
wheels or jacking system, be attached to the site only by quick disconnect type
utilities and security devices, and have no permanently attached additions; or
3.
Meet the requirements of HCC § 21.41.070 and HCC § 21.41.250(a) – (h).
21.41.300 Variances – planning commission. The Homer Planning Commission shall hear and
decide requests for variances from the requirements of this chapter.
21.41.310 Variances – factors considered. In passing upon variance applications, the
planning commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and:
a. The danger that materials may be swept onto
other lands to the injury of others;
b. The danger to life and property due to
flooding or erosion damage;
c. The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on the
individual owner;
d. The importance of the services provided by
the proposed facility to the community;
e. The necessity to the facility of a waterfront
location, where applicable;
f. The availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damages;
g. The compatibility of the proposed use with
the existing and anticipated development;
h. The relationship of the proposed use to the
comprehensive plan and floodplain management program for that area;
i. The safety of
access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration,
rate of rise, and sediment transport of the floodwaters and the effects of wave
action, if applicable, expected at the site; and
k. 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. (Ord. 08-29, 2008).
21.41.320 Variances – conditional approval. Upon consideration of the factors of HCC §
21.41.310 and the purposes of this chapter, the planning commission may attach
such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter. (Ord. 08-29, 2008).
21.41.330 Variances – records and reports. The planning department shall maintain the
records of all appeal actions and report any variances to the Federal Insurance
Administration upon request. (Ord. 08-29, 2008).
21.41.340 Variances – conditions for granting. 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, provided HCC § 21.41.310(a) – (k) 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
HCC §§ 21.41.300—21.41.340.
c. Variances shall not be issued within a
designated floodway if any increase in flood levels during the base flood
discharge would result.
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.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3.
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 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 HCC § 21.41.340(a), and otherwise complies with HCC § 21.41.200(a)(1) and (2).
h. Variances may, if a proper showing is made,
be granted for functionally dependent uses.
i. 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. (Ord.
08-29, 2008).
21.41.400 Appeals. a. The
planning commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the planning
department.
b. The Board of Adjustment shall hear and decide
appeals when it is alleged there is an error in any
requirement, decision, or determination made by the planning commission.
c. Appeals under this chapter are governed by
the requirements and procedures of HCC Chapter 21.93. (Ord. 08-29, 2008).
Section 2. This Ordinance is of a permanent and general character
and shall be included in the City Code.
ENACTED BY THE CITY COUNCIL OF
HOMER, ALASKA, this 14th day
of September, 2009. ________ day of ______________, 2009.
CITY
OF HOMER
_______________________________________________________________
DENNIS NOVAK, MAYOR PRO TEMPOREJAMES
C. HORNADAY, MAYOR
ATTEST:
_________________________________________
JO L. JOHNSON,
CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and aApproved
as to form and content:
__________________________ _____________________________
Walt E. Wrede, City Manager
____________________
Thomas
F. Klinkner, City Attorney
Date: _____________________