Ord 1528COUNCIL BILL N0. 298
ORDINANCE N0. 1528
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WOODBURN,
ORDINANCE N0. 1344, BY ADDING A NEW DISTRICT TO BE KNOWN AS FLOOD
PLAIN OVERLAY ZONE, AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. That Ordinance No. 1344 of the City of
Woodburn, commonly known as the Woodburn Zoning Ordinance, be,
and the same is hereby amended to include a new Chapter 36,
Flood Plain Overlay Zone, to read as follows:
CHAPTER 36
FP FLOOD PLAIN OVERLAY ZONE
Section 36.010 Intent and Purpose. It is the purpose of
the Flood Plain Overlay Zone to regulate the use of those areas
subject to periodic flooding; to minimize danger to public health;
to reduce the financial burden placed upon public bodies and
private parties by frequent and periodic flooding; to prevent
the establishment of certain structures and land uses in areas
unfit for human habitation because of the danger of flooding,
unsanitary conditions or other hazards; and to permit and
encourage the retention of open spaces and conservation of areas
as advanced in the Woodburn Comprehensive Plan.
Section 36.020 Definitions. The following definitions
are applicable only to Chapter 36 of this Ordinance:
(a) Flood - A temporary rise in stream flow or stage that
results in water overflowing its banks and inundating areas
adjacent to the channel.
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Ordinance No. 1528
(b) Flood Plain - That area that has been or may hereafter
be inundated by a periodic flood, as delineated on the official
zoning map of the City of Woodburn.
(c) Flood Proofing - A combination of structural provisions,
changes, or adjustments to properties, water and sanitary facilities,
structures, and contents of buildings in a flood hazard area.
(d) Structure - Anything constructed, erected or placed
on the ground or attached to the ground, including, but not
limited to, all structures used for human occupancy, dikes and fill.
Section 36.030 Uses. All activities or uses of land set
forth in specific zones, located within the flood plain overlay
zone, shall be permitted with the exception that structures used
in carrying out those permitted activities must be approved by
the Planning Commission under the provisions set forth in
Section 36.040 of this Ordinance.
Section 36.040 Conditional Uses. When authorized under
the procedure provided for conditional uses in this Ordinance,
the following uses will be permitted in a flood plain overlay zone:
(a) Manmade fills, dikes or levees that meet the approval
of the Planning Commission. Upon review of plans to construct
manmade fills, dikes or levees, the Commission will consider
among other things whether the preparation and use of land within
flood plain areas will in any way create flooding problems in
the future on other lands.
(b) Structures used for human occupancy in carrying out
permitted activities provided detail engineering data is supplied
by the applicant who bears the burden of proof that such structures
can be located in areas of plateaus, benches or upon manmade fills
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Ordinance No. 1528
or can be otherwise elevated so as not to be affected by floodwaters
provided:
(1) Sewer and water systems meet the approval of
appropriate agencies.
(2) No building or structure shall be erected and
no existing building or structure shall be extended or
moved unless the main floor of said building or structure
is placed a minimum of one (1} foot above the elevation
subject to flooding. No basement floor shall be below
this one (1} foot safety margin. Foundations of all
structures shall be designed and constructed to withstand
flood conditions at the site.
(c) Other structures used in carrying out permitted activities
provided such structures will not be subject to substantial
flood damage and will not increase flood-related damages on
other lands. These may include structures which can be readily
removed from flood hazard areas during periods of high water.
Conditions that may be required by the Planning Commission
in approving the use of structures in a flood plain overlay zone
shall include:
(a} Modification of waste disposal and water supply facilities.
(b) Limitations on periods of use and operation.
(c) Imposition of deed restrictions.
(d) Location and arrangement of structures.
(e} Requirement for construction of channel modifications,
dikes, levees and other protective measures.
(f} Placement of survey bench marks.
(g) Flood-proofing measures designed to be consistent with
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Ordinance No. 1528
the flood protection elevation for a particular area:
(1} Anchorage to resist flotation and movement.
(2) Installation of water-tight doors, bulkheads and
shutters.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes or mortars to reduce
seepage of water through walls.
(5) Addition of mass or weight to structures to
resist flotation.
(6) Installation of pumps to lower water levels
in structures.
(7) Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
(8) Pumping facilities for subsurface external
foundation wall and basement floor pressures.
(9) Construction to resist rupture or collapse
caused by water pressure or floating debris.
(10) Cutoff valves on sewage lines or the elimination
of gravity flow basement drains.
Section 36.050. Storage of Materials and Equipment. Materials
that are buoyant, flammable, obnoxious, toxic or otherwise
injurious to persons or property, if transported by floodwaters,
are prohibited. Storage of materials and equipment not having
these characteristics is permissible only if the materials and
equipment have low-damage potential and are anchored or are
readily removable from the area within the time available after
forecasting and warning.
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OrdirYance No. 1528
Section 36.060. Other Considerations. The evaluation of
the effect of a proposed use in the flood plain causing increases
in flood heights is based not just on the effect of the single
use acting alone, but upon the reasonable assumption that other
landowners within the flood plain may need to be allowed to
develop within the encroachment lines to an equivalent extent
and therefore the cumulative effects of all such encroachments
must be considered by the Planning Commission in making any
decision.
Section 36.070. Non-Liability Clause. The granting of
approval of any structure or use shall not constitute a repre-
sentation, guarantee or warranty of any kind or nature by the
Common Council of the City of Woodburn, the Planning Commission
or by any officer or employee thereof, of the practicability
of safety of any structure or use proposed and shall create no
liability upon or cause action against such public body, officer
or employee for any damage that may result pursuant thereto.
Section 36.080. Restrictions. Restrictions regarding
height, rear yards, front yard setback, minimum lot area, signs,
vision clearance and parking space shall be the same as set
forth in each specific zone located within the flood plain overlay
zone area.
Section 36.090. Prohibited Uses. It shall be unlawful
to erect, alter, maintain or establish in a flood plain overlay
zone any building, use or occupancy not permitted or allowed
in the foregoing provisions, except existing nonconforming
uses, which may continue as provided in Chapter 6 of the
Woodburn Zoning Ordinance.
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Ordinance No. 1528
Section 36.100 Exemptions. Construction of sewer lines,
storm drains, water lines and minor access roads which do not
change the characteristics of stream flow and capacity in natural
or flood conditions are exempted from this ordinance.
Section 2. This ordinance being necessary for the
immediate preservation of the public peace, health and safety,
an emergency is declared to exist, and this ordinance shall
take effect upon its passage by the Council and approval
by the Mayor.
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APP ROVED : ~/" `a;~ ~"~ - ; , ~~' : ~c~.- •~ ,~~..~~~-R~,..c~,
Ralp E. Pickering, Ma r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
August 9, 1976
August 9, 1976
August 9, 1976
August 9, 1976
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ATTEST:-~ ~ ,, •~- ,~..~~,
~~ Barney ,. B ~~rris, Recorder
City of Woodburn, Oregon
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Ordinance No. 1528
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1528, one of which said copies posted in the
City Hall on the bulletin board opposite the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Paul Sowa and Sons building at 182 Young Street, in
full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and that all of said copies were posted on the
13th day of August 1976.
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" a/rney 0~ Burris, Recorder
City of Woodburn, Oregon