Ord 2253 - Amend Ord 2018 Flood
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
AN ORDINANCE AMENDING ORDINANCE NO. 2018 TO INCORPORATE FEDERAL
FLOOD PLAIN MAP AND REGULATION CHANGES DEVELOPED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 2018 regulates and constrains development and
construction within the flood'plain areas of Woodburn, and
WHEREAS, the Federal Emergency Management Agency (FEMA) has
developed a new Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM)
for Marion County, Oregon and incorporated areas including Woodburn, and
WHEREAS, certain housekeeping amendments are now necessary to modify
Ordinance 2018 so that Federal Emergency Management Agency FIS and FIRM
changes can be incorporated, NOW THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 2 (a) of Ordinance 2018 is hereby amended to read as follows:
(a) "Area of Special Flood Hazard" means the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any given year.
The area may be designated as Zone A on the FIRM. Zone A is usually refined into
Zones A, AO, AH, A 1-30, AE, A99, AR, AR/A 1-30, AR/AE, AR/AO, AR/AH or AR/A.
Section 2. Section 2 (b) of Ordinance 2018 is hereby amended to read as follows:
(b) "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."
Page -1-
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
_',_, '_""~"_--'--'-"_"~_~_"__".'_"m___~__'~_,,___,_
1
-
Section 3.Section 2 (d) of Ordinance 2018 is hereby amended to read as follows:
(d) "FIRM". An acronym for Flood Insurance Rate Map. This is the official map of
the community, on which has been delineated both the special hazard areas and the
risk premium zones applicable to the City of Woodburn.
Section 4.Section 2 (f) of Ordinance 2018 is hereby amended to read as follows:
(f) "Flood Insurance Studv" means the official report provided by the Federal
Emergency Management Agency that is an examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface elevations.
Section 5. Section 2 (k) of Ordinance 2018 is hereby amended and relettered to read
as follows:
(h) "Lowest Floor" means the lowest floor of the lowest enclosed area (including a
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 nonelevation design requirements
of this ordinance found at Section 5(A)(2).
Section 6. Section 2 (h) of Ordinance 2018 is hereby amended and relettered to read
as follows:
(i) "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 insurance
purposes the term "manufactured home" does not include a "recreational vehicle"
which is: built on a sin91e chassis, 400 square feet or less when measured at the
largest horizontal projection, designed to be self propelled or permanently towable by
a li9ht duty truck, and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal use.
Section 7. Section 2 (j) of Ordinance 2018 is hereby amended to add an additional
subsection to read as follows:
(j) "Mean Sea Level" means the National Geodetic Vertical Datum (NGVD) of 1929
or other datum, to which base flood elevations on the city's FIRM are referenced.
Page -2-
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
'" "< ..._~--'~----."---~---..._----
.
-
Section 8. Sections 2 (i) through (n) of Ordinance 2018 are hereby relettered to
become Sections (k) through (0).
Section 9. Section 2 (m) of Ordinance 2018 is hereby amended and relettered to read
as follows:
(n) "Structure" means a walled and roofed building including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Section 10. Section 2 (n) of Ordinance 2018 is hereby amended and relettered to read
as follows:
(0) Substantial Improvement" means any reconstruction, rehabilitation, addition or
other improvement of the structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"of the
improvement. This term includes structures which have incurred 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 regardless of the actual repair work
performed. The term does not, however, include either:
(1) 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 city code enforcement official and which are the minimum
necessary to assure safe living conditions or,
(2) Any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure".
Section 11. Section 3 (d) of Ordinance 2018 is hereby amended to read as follows:
(d) Basis for establishinq the areas of special flood hazard. The area of special flood
hazard identified by the Federal Emergency Management Agency in a scientific and
engineering report entitled "The Flood Insurance Study for Marion County and
Incorporated Areas" dated January 19, 2000, with accompanying flood insurance
maps is hereby adopted by reference and declared to be a part of this ordinance. In
addition, the City's Storm Water Management Plan is also adopted by this ordinance
and included as a part thereof.
Section 12. Section 3 (f)( 1) of Ordinance 2018 is hereby amended to read as follows:
Page ,3,
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
.
,
(1) For Mill Creek main drainage channel A MAXIMUM FLOODWAY WIDTH OF
150 FEET AS DEFINED ON DATA TABLE #6 OF THE MARION COUNTY AND
INCORPORATED AREA FLOOD INSURANCE STUDY.
Section 13. Section 3 (f)(2) of Ordinance 2018 is hereby amended to read as follows:
(2) For Senecal Creek main channel, a MAXIMUM FLOODWA Y WIDTH OF 145
FEET AS DEFINED ON DATA TABLE #2 OF THE MARION COUNTY AND
INCORPORATED AREA FLOOD INSURANCE STUDY.
Section 14. Section 4 (a) of Ordinance 2018 is hereby amended to read as follows:
(a) Establishment of development permit. A development permit shall be obtained
before construction or development begins within any area of special flood hazard
established in Section 3 (f). The permits shall be for all structures including
manufactured homes as set forth in the definitions and for all other developments
including fill and other activities as also set forth in the definitions.
Section 15. Section 4 (f) of Ordinance 2018 is hereby amended to read as follows:
(f) Alteration of water courses.
(1) Notify adjacent communities and the state agency responsible prior
to any alteration or relocation of a water course, and submit evidence of such
notification to the Federal Emergency Management Agency.
(2) Require that maintenance is provided within the altered and
relocated portion of said water course so that the flood carrying capacity is not
diminished.
Section 16. 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 immediately upon passage by Woodburn City Council and approval
by the Mayor.
Page -4-
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
. ,,,.,,.~..._.~._..___..._,~..,.._..._..m',____'_,'__'_',.,__._.",_._....~_,_.._._,_,~.......__
.
-
Approved as to form;r) ~~
City Attorney
r ~ zoo 0
Date
APPROVED:
~;:i):/---
.-/
Passed by the Council January 10, 2000
Submitted to the Mayor January 11, 2000
Approved by the Mayor tlnnlJ(~ry 11, ?OOO
Filed in the Office of the Recorder January n. 2000
ATTEST:
cu.
Mar ennant, Recorder
City of Woodburn, Oregon
Page -5-
COUNCIL BILL NO. 2015
ORDINANCE NO. 2253
-,'.._.,".,-'--_......_."_.~'_..._'-'~_.,-'-----,.,--~..--_._-,-
.
-