HomeMy WebLinkAbout4218ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
14.09.010 and Section 14.09.220 of the Kent City
Code pertaining to flood hazard regulations.
RECITALS
A. On December 1St, 2015 a Community Assistance Visit (CAV)
was made by the Federal Emergency Management Agency (FEMA) to
ensure the enforcement of federal mandatory minimum flood hazard
regulations required for participation as a community in the National Flood
Insurance Program (NFIP).
B. Two changes to the city's current flood hazard regulations
(Ch. 14.09 KCC) are required to ensure compliance with FEMA's
mandatory minimums for participation in the NFIP. The changes apply to
the city's flood hazard definitions (KCC 14.09.010) and flood hazard
variances (KCC 14.09.220) sections.
C. The required change to KCC 14.09.010 adds a definition for
Substantial Damage and ties the new language to the current definition for
Substantial Improvement. The definition for Substantial Improvement is
aIso updated to reflect the added definition. The revised language presents
a more comprehensive picture when assessing damages to existing
structures.
1 Amend KCC 14.09 -
Re; Flood Hazard Regu/at/ons
D. The required change to KCC 14.09.220 replaces the current
code language with a more detailed process for obtaining a variance from
flood hazard regulations, and closes a potential loophole that may have
allowed for development to extend into a regulatory floodway. This change
has the ancillary benefit of detaching KCC 14.09.220 from KCC 11.06.100.
E. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments do not
reflect significant changes to amendments to Chapter 14.09 KCC
completed in 2015, where environmental review resulted in issuance on
April 3, 2015, of an Addendum to the City's Comprehensive Plan
Environmental Impact Statement, and further SEPA analysis is not
required for these local code amendments.
F. A draft version of this ordinance was submitted to the
Washington State Department of Commerce for expedited review. On
September 19, 2016, the City received notice that expedited review had
been granted, and in accordance with RCW 36.70A.106(3)(b) the City may
adopt the ordinance immediately upon receipt of the notice.
G. The ordinance was considered by the City Land Use and
Planning Board after a duly noticed public hearing on September 26, 2016.
This ordinance was presented at the Economic and Community
Development Committee on October 10, 2016 as an information -only
item, and was considered by the Public Works Committee on October 17,
which recommended Council adopt this ordinance. Council has considered
this ordinance, together with all public comment, and has determined that
adoption is appropriate.
2 Amend KCC 14.09 -
Re: Food Hazard Regulations
NOW, THEREFORE, THE CITY COUNCIL OF Inc CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 14. 09.010 of the Kent City
Code, entitled "Definitions," is hereby amended as follows:
Sec. 14.09.010 Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
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.
C. 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.
D. Base flood elevation means the actual elevation (in mean sea level)
oF the water surface of the base flood determined by the Federal
Emergency Management Agency (FEMA) or other qualified person or
agencY as described in this chapter.
3 Amend KCC 14.09 -
Re; P/ood Hazard Regulations
E. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
F. Best available data means: (i) the data provided by FEMA in a
scientific and engineering report entitled Flood Insurance Study for King
County, Washington and Incorporated Areas, dated May 16, 1995, along
with the accompanying Flood Insurance Rate Map (FIRM), including any
subsequent revisions thereto; or (2) hydrologic and hydraulic analyses
performed in accordance with standard engineering practice and in
accordance with FEMA standards contained in 44 C.F.R. Part 65.
G. Compensatory flood storage means any new, excavated flood
storage volume equivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free draining.
H. 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; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within the special flood hazard area and other
site preparation activities, storage of materials or equipment, subdivision
of land, removal of substantial amounts of vegetation, or alteration of
natural site characteristics.
4 Amend KCC 14.09 -
Re: Flood Hazard Regulations
J. Director means the city of Kent economic and community
development director or the director's designee.
K. Fill means the addition of soil, sand, rock, gravel, sediment, walls,
structures and their associated internal volume, or other material by
artificial means.
L. 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;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by floodwaters during
the base flood.
N. Food Insurance Rate Map (FIRM) means the official map on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
O. Flood insurance study means the official report provided by FEMA
that includes flood profiles, the FIRM, and the water surface elevation of
the base flood.
P. Flood protection elevation means is a minimum of two feet above
the base flood elevation.
5 Amend KCC 14.09 -
Re; Flood Hazard Regulations
Q. Flood season means the period from October 1st to March 31st
during which, historically, the frequency, distribution, and volume (inches
of rainfall) of storms in the Green River Basin have been the largest and all
known major floods have occurred.
R. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
S. F/oodway means the channel of the stream and that portion of the
adjoining special flood hazard area which is necessary to contain and
discharge the base flood flow without increasing the base flood elevation
more than one foot.
T. Lowest f/oor 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 nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, used for residential or
commercial purposes, 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
floodplain management purposes the term manufactured home also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes the
term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
6 Amend KCC 14, 09 -
Re: F/ood Hazard Regu/ations
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured home
loLZ) for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Earthen fill must be obtained
from the same site, to the extent practicable. The soil removed must be
from within the boundaries of the site, to the extent practicable, and from
within the special flood hazard area. If not practical, soil could be removed
from property in the immediate vicinity and within the special flood hazard
area. The area from which the soil is removed must be able to drain
completely into the adjoining watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
Y. Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred 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
useI
7 Amend KCC 14.09 -
Re: Food Hazard Regulations
Z. Special flood hazard area means the total area subject to inundation
by the base flood identified by FEMA in a report entitled The Flood
Insurance Study for King County, Washington and Incorporated Areas,
dated May 16, 1995, with accompanying pages on file with King County or
the city of Kent department of economic and community development.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within 180 days after the permit issuance 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 submission of an application for development
or 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 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.
BB. Structure means that which is built or constructed, or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of floodwaters, but does not
include mounds of earth or debris.
8 Amend KCC 14.09 -
Re: Food Hazard Regulations
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the appraised fair market value of the structure
either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged regardless of whether or
not it is determined to be substantial damaae, 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 correct
an existing violation of state or local health, sanitary, or safety code
specifications, as identified by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National
Register of Historic Places ora recognized state or local inventory of
historic places.
DD 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.
9 Amend KCC 14, 09 -
Re: Flood Hazard Regu/ations
SECTION zZ - Amendment. Section 14.09.220 of the Kent City
Code, entitled "Variances," is hereby amended as follows:
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Applications for variances from the strict application of the terms of this
chapter to a specific property may be submitted to the city. All variances
shall be considered by the hearing examiner as a Process III application,
pursuant to Chapter 12.01 KCC Approval of variances from the strict
annlication of flood hazard regulations shall be consistent with the
following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property that make it difficult or infeasible to strictly comply
with the provisions of this chapter.
2 The variance is the minimum necessary to accommodate the
building_or structure footprint and access.
3 The proposed variance would preserve the functions and
values of the flood hazard area, and the proposal does not create or
increase a risk to the public health, safety, and general welfare, or to
public or private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to flood hazard areas resulting from the
proposaI
are minimized.
6. The special circumstances of conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
10 Amend KCC 14.09 -
Re: Flood Hazard Regu/ations
8K No variance shall be approved within a flood ay that would
cause an increase in the Base Flood Elevation.
SECTION 3. -Severability, If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4, -Corrections by City Clerk or Code Reviser, Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors, ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5, -Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
ATTEST:
KIMBERLEY /�.�i<OMOTO, CITY CLERK
BRUBAKER, CITY ATTORNEY
11 Amend KCC 14,09 -
Re: Flood Hazard Regulations
PASSED: 4 day of Nee r , 2016.
APPROVED: ` day ofa , 2016.
PUBLISHED: LA day of `\ 2016.
I hereby certify that this is a true copy of Ordinance No.
pU ssed by Y Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
KIMBERLEY A
P:\Civil\Ordinance\14.09 Flood Nazard Regulations-Variances.docx
M OTO,
SEAL)
ERK
12 Amend KCC 14.09
Re: Flood Hazard Regulations