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Ordinance 1967COUNCIL SILL NO. 990 • Intent. It is the purpose,. intent of this ordinance public health, safet and welfare, and to minimize public and private losses due t flood conditions by r# R. # and constraining development construction within the flood -plain areas of Woodburn. I Section (a) Land tc�­whf�h this ordinance applies. ordinan�. Page 2 - ORDINANCE NO. 1967 From From Front Street to Hardcastle Ave . ..... 159.0 From Hardcastle to Lincoln Street ......... 167.5 Prom Lincoln Street to YoungFrom StreetCleveland StreetProm Cleveland Street to Wilson Street .... 171.5 From Wilson s "rc , +- ORDINANCE NO. 1967 IMA 43-31- From North City Limits to Steve Street extension ............................ 163. From Steven Street extension to Antioch Road extension ....................... 165. From Antioch Road to South City Limits .... 167.1 ff;age 4 - ORDINANCE NO. 1967 Ajt eration of water courses. Federalio­i7i_FY_ adJacen'tco—mmunities and the state agency responsible prior to any alteration or relocation of a water course, and submit evidence of such notification to the !. (2) Require that maintenance is provided within the altered and relocated portion of said water course so that the flood carrying capacity is not dimi- Page a - ORDINANCE NO. 1967 Page NO. 1967 (3) Be certified by a registered professional engineer or architect that the design and methods of con struction are in accordance with accepted standards of practice of meeting provisions of this sub section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the City -Engineer. (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for spacebelow floorasdescribed 6666 (5) Applicants floodproofing 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.building # i. to the base flood level be _ ! .. one •:6666 below allowed.Section 7. Flood (a) In the floodways as defined under Section 3 (d) of this ordinance no construction, fill, excavation, or substantial improvement shall be center(b) Notwithstanding Section (a) above, fills for public roads crossing the floodway may be allowed it the discharge of floodwaters is not substantially altered, nor shall cleaning and improvement of the stream channels by the City be precluded under this ordinance. Floodways may be relocated so that the of the flood.floodway ,. existing drainage channel if evidence is provided satisfactory to the City Engineer by a registered professional, engineer that relocation of the floodway within .. flood hazard area would not substantiallyalter discharge of flood waters. Section 'rStandards. constructed(a) All structures built in the special flood area shall be on engineered- shall have designed footings Code,at suitable depth, both as required by the Uniform Building +l k additional standards as required by the City ..neer in accordance withgood •, K, on a fill in the specialhazard area shall not exceed 33%. Toe of such fill shall be outside the floodways defined in Section (c) The amount of fill in the special flood hazard area shall be kept to a minimum. The following standards shall apply- (1) one structure per existing .. o ". at the time structurepassage of this ordinance shall be allowed for areas within the special flood hazard area. The shall be located so that aminimum amount of fill will be necessary for the elevation of the structure abovethe flood level. Page g D 1967 partitioning,(2) All subdivision, developments floodspecial area R preliminary plan structures proposed be located in the flood hazard area. shallThese structures be r! i that a land.minimum amount of fill is required to develop -the Development, oposals, whether nonresidential together•. facilities attendant to them, shall be constructed to minimize flood damage, and adequate drainage Sectionshall be provided. In areas not covered by flood elevation data shall be pro.. by thedeveloper. • ..: family residential or ^- .. structures shall be i as far as practical on the existing contiguous property from the floodway. Section 9. Ptn2ity Transfer. The Planning Commission may, upon application under the variance procedure, allow a higher density of dwelling units or structures on a parcel of property which contains areas of special flood hazard if the areas of special flood hazard are left substantially The Commission shall determine the amount of fill which would floodpracticably be allowed in the flood hazard, and the additional amount of density on land outside the special w M area floodwhich should be allowed due to the loss of the developable land in the Section 10. Variances. Variances to this ordinance followcomply with the same standards and for variances to the Zoning Code of the City of Woodburn. Section 11. Enforcement. (a) Violation of this ordinance shall be punishable by a fine of p to $500 for the first f 8' of violation), and by a fine of 0secondR.:. succeeding deemedoffenses (finding of violation). A separate offense will be is day : - infraction con- tinues to exist,is ...te citation may be filed for each Remedy,such offense. (b) Alternate proposed - .. this ordinance, the aforesaid use shall constitute a nuisance, and the City may, as an addition to other remedies that are legally - i '^ for enforcing ordinance institutN. injunc- tion, mandamus, abatement, or other appropriate proceedings to prevent, enjoin tempopermanently, abate or i Page 9 - ORDINANCE NO. 1967 Section 12. Violation as Nuisance. Violation of a provision of this ord-i—nan e is hereby declared to be a nuisanc for which remedy may be pursued by the City to the full exte of law, notwithstanding any limitation In this or any I oth Mrdinance. Section 13, Severability. If any work, clause, phrase, section, subsection, or other portion of this ordinance is found invalid by a court of competent jurisdiction, then the remainder of the ordinance shall be given full effect. Section 14. Ordinance Revealed. Ordinance No. 1654 is Gereby repealed. Section 15. This ordinance being necessary for t immediate preservation of the public peace, health, and safet an emergency Is declared to exist and this ordinance shall ta effect immediately upon passage by the City Council and approv by the Mayor. I 7't — - -z s - 7 Approved as to form: ---v / --- --- City Attorney Date APPROVED: NANCY A., KIRKSEY, M OR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed ini the Office of the Recorder ATTEST. -4 '8 -1 f3l-� R ZNE�Y 7/ ZB �IS.'Rec�order City of Woodburn Oregon March 9, 1987 March 20-, 1987 March 20, 1987 March 20, 1987