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Ordinance No. 74-50A CITY OF TIGARD, OREGON ORDINANCE NO. 74 4 AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 18 OF THE TIGARD t MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER DESIGNATED CHAPTER 18.57, ESTABLISHING A FLOOD PLAIN DISTRICT, DESCRIBING THE PUR- POSES THEREOF, DEFINING THE AREA OF THE FLOOD PLAIN DISTRICT AND PROHIBITED AND PERMITTED USES; PRESCRIBING PROCEDURES AND REQUIRE- MENTS TO BE FOLLOWED BY THE PLANNING COMMISSION IN ALLOWING EX- CEPTIONS AND ISSUANCE OF SPECIAL USE PERMITS; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Title 18 of tho Tigard M„n_Jc_ n»1 Code be, and the same is, hereby amended and supplemented by adding thereto a new chapter designated "Chapter 18.57 -- FLOOD PLAIN DISTRICT" reading as follows: 18.57 FLOOD PLAIN DISTRICT (FP) 18.57.010 Intent and Purpose. The flood plain district within the City of Tigard is superimposed as an overlay with respect to lands classified for various uses and purposes and is intended to give recognition to the need to protect the public health, safety and welfare of the community through regu- lation and control of lands within the flood plain district to there- by mitigate potential financial burdens arising from flood damage loss and to preserve natural drainage ways from encroaching uses which threaten to adversely affect the property rights of citizens of the community, personal safety and the public health by unnatural conditions arising from upstream or downstream flood levels. The flood plain district has for its purpose the preservation of natural water storage areas within the Flood Plain District by discouraging or prohibiting incompatible uses except in those in- stances where a finding mayproperly be made by the Planning Com- mission pursuant section 18.50.060. 18.57.020 Definitions. For purposes of this ordinance, the following words and phrases shall be construed to have the specific meanings assigned to them by defin- ition as follows: Fill - Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled or trans- ported and includes the conditions resulting therefrom. Flood A temporary rise in stream flow or stage that results in water over- topping stream banks and inundating land adjacent the normal flow of water through the stream channel. Flood Hazard - An i=nediate danger to property or health;as the result of inundation of the flood plain. a r_ X Flood plain - The relatively flat area or low lands adjoining the channel of a river, stream, watercourse or other body of water which has been or may be covered by floodwaters within the area of applicability defined by the Flood Plain District. - Flood Plain District - The FP District is defined as those areas within the City of Tigard inun- dated by the 100 year regulatory flood as defined by the U. S. Army Corps of. Engineers, U. S. Geological Survey, U. S. Bureau of Reclamation, U. S. Soil Conservation Service and the Oregon State Water Resources Board, and the Washington County Department of Public Works, among others, on maps titled, "FLOOD PLAIN", Washington County, Oregon, and otherwise described as 11H UD 701 Project No. 73-16-•06',, plates number 4 and number 5. Flood Surface Elevation - Those elevations depicted on the flood plain series maps are based on mean sea level datum and their locations are an indication of the surface elevation at that location. Obstruction - Any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, bridge, conduit, culvert, building, gravel, refuse, fill, structure or matter in, along, or across or projecting into any channel, water- course, or flood plain area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the Game downstream to the dam- age of health or property. Regulatory flood - The flood used to define the outer boundary lines of the FP District. The maximum flood predicted to occur within each one hundred (100) years. Structure - Human buili ur cunstructed structure or edifice or building of any kind, or any artificially built up or composition of physical parts adjoined together. 1.8.57.030 Permitted Uses. The following uses by their nature do not threaten substantial obstruction of water flow in the flood plain and do not impair the water storage capacity of the flood plain and shall be permitted within the flood plain district subject to the limitations in this section stated: (1) Off-street parking and maneuvering areas, access ways and service drives located on the ground surface. Ex- cavation, grading and paving may occur to construct said facilities; however, no fill shall be allowed 2 ORDINANCE NO. 74 for construction of said facilities other than gravel for a paving base and only an amount of gravel commen- surate with City construction standards for said facil- ities shall be allowed. (2) Accessory residential uses such as lawns, gardens or plaritLng areas not causing substantial obstructions to flood-waters and including fences designed to minimize the obstruction of flood waters and flood-carried debris. (3) Roadways, bridges or utility structures designed to not significantly impede the flow of flood waters. (4) Agricultural uses conducted without locating a structure in the FP District including a boundary fence designed to minimize the obstruction of flood waters and flood-- carried debris. (5) Recreational uses such as bicycle and pedestrian paths, archery range, athletic field or parks. The recreational use shall not include any permanent structures causing a significant obstruction to the flow of flood waters. (6) Public and private conservation areas for the conser- vation of water, soil, open space, forest or wildlife resources. 18.57.040 Prohibited Uses and Activities. The following uses and activities are prohibited within the flood plain district except pursuant to special permit granted by the Planning Commission based on find- ings as by Section 18.56.060 provided. (1) Filling (2) Permanent structures permitted in other zoned areas of the City. (3) Any temporary structure which by its nature cannot be readily removed from the flood plain area during periods of flooding and which would significantly impede or interfere with the flow of flood waters within the district. (4) Any change in the topography or terrain which would have a substantial tendency to change the flow of waters during flooding period or which would increase flood hazard or alter the direction nr velocity of the flood water flow. (5) Subsurface sewerage disposal septic tanks and drain fields. 18.57.050 Non-Conforming Uses. Any pre-existing condition or structure within the flood plain district is subject to the provisions of Chapter 18.68 of the Tigard Municipal Code. 18.57.060 Special Permits or Exceptions. In accordance with the procedures and requirements set forth in Chapter 18.84 of the TigardMunicipal Code, an application for a special use permit filed as by said chapter stated may be considered or denied by the Planning Commission based on written findings in conformity with the requirements of this chapter. An application for special permit in form prescribed by the Planning Department of the City of Tigard shall be supported by s. �, the following additional data or information to enable the Planning Commission to adequately determine whether the proposed use is located in the flood plain district and '.f so, whether the proposal, if granted, will conform to the ,,-poses and guide- lines as set forth in this chapter. (1) Plans drawn to scale, submitted in triplicate as pre- pared by a registered professional engineer with ex- perience in hydraulic and hydrologic principles and processes showing the nature, location, dimensions, elevations and topography of the site; the location of existing and proposed structures located upon the site, existing and proposed fill areas, and the relationship of these to the location of the stream channel. (2) Any documentation, photographs, water marks, and similar evidence offered in support of the claim that the site or area, ;n question lies above high water as defined by theregulatoryflood. (3) If it is determined by the Planning Commission that the proposed use is within the flood plain district as herein defined, the applicant shall furnish such further information, data and evidence as may be reason- ably available to support the granting of the petition in accordance with the following guidelines, in the absence of which said petition shall be denied by the Planning Commission. (a) Proposed improvements will not have a serious ten- deny to change the flow of flood waters during future flooding such as to cause a compounding of flood h9zards and to thereby seriously inter- fere with the intent and purposes of the flood € plain district regulations. i (b) No structure, fill, storage or other uses shall be permitted which alone or in combination with existing or future uses to materially reduce the capacity of the flood plain area or raise the flood surface elevation on adjacent properties, or create a present or forseeable hazard to pub- lic health, safety and general welfare. The City shall reserve the right to retain a registered pro- fessional engineer with experience in hydraulic principles and processes for the purpose of reviewing evidence submitted in support of any application for special use permits pursuant this section. 18.57.070 - Standards for Permitted Structures. Any structure or additions to existing structures permitted within the Flood Plain District pursuant Sections 18.56.030, 18.56.050 or 18.56.060 shall comply with the following standards: (1) Permitted structures such as electrical and service equipment, etc. shall be constructed at or above the regulatory flood protection elevation. Utility open- ings shall be sealed and locked. (2) The lowest floor elevation of a structure designed for human occupancy shall be at least one and one- half (1-1/2) feet above the flood surface elevation. 4 ORDINANCE IVO. 74 - ,� (3) The lower portions of any structure shall be flood- proofed or otherwise protected from significant dam- age by inundation to a minimum flood surface elevation one and one-half (1-1/2) feet above the surface elevation of the regulatory flood. (4) The design of substructures and structural members of all buildings shall be designed to withstand expected water pressures and velocities as well as minimize flood risk conditions. 18.57.080 Appeal to City Council. An appeal from any decision of the Planning Commission may be filed with the City Recorder for hearing by the City Council as provided by Chapter 18.92, Tigard Municipal Code. Section 2: Inasmuch as the City of Tigard does not now have any regulatory control over the use of flood plain lands within the corporate limits and it is necessary for the peace, health and safety of the people of the City of Tigard that immedi- ate provision be made to provide control of land uses within the Flood Plain District to thereby protect the public health, safety and welfare and reduce financial burdens imposed upon the public through flood damage and to protect persons and organizations through flood damage and to protect persons and organizations from uninformed acquisition of lands unsuited for development by reason of flood plain exposure, an emergency is hereby declared to exist and this Ordinance shall become effective upon its passage by the Council and approval by the Mayor. PASSED: By the Council, by unanimous vote of all Council members present, after being read three times by number and title only, this ?6 day of , 1974. i Recer City of Tiga�� APPROVED: By the Mayor, this day of 1974. Mayor -/City Tdgard k i 5 ORDINANCE NO. 74 s