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HomeMy WebLinkAbout2161 Flood Damage PreventionO IN ¢E NO. AN ORDINANCE ESTABLISHING REQUIREMENTS FOR FLOOD DAMAGE PREVENTION; ADDING NEW SECTIONS TO THE PORT TOWNSEND MUNICIPAL CODE; AND REPEALING SECTION 3 OF ORDINANCE 1911, SUBSECTION 5.2.4 OF ORDINANCE 1908 AND CHAPTER 16.08 OF THE PORT TOWNSEND MUNICIPAL CODE. The City Council of the City of Port Townsend, in regular session assembled, do ordain as follows: Section 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES 1.1 StatutOrY Authorization The Legislature of the State of Washington has in RCW 86-16, as amended, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 1.2 Findings of Fact The flood hazard areas of Port Townsend are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. o These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.3 Statement of Purpose It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; To minimize expenditure of public money and costly flood control projects; To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; To minimize damage to public facilities and utilities such as water and gas mains, electric telephone and sewer lines, streets, and bridges located in areas of special flood hazard; To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; To ensure that potential buyers are notified that property is in an area of special flood hazard; and, To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions for: Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 0 Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; Controlling the alteration of natural flood plains, stream channels, and natural protective barriers which help accommodate or channel flood waters; e Controlling filling, grading, and other development which may increase flood damage; and Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. Section 2. DEFINITIONS -2- (Port Townsend, 7/89) Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the Building Department interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). 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. AO is characterized as sheet flow and AH indicates ponding. "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. Designation on maps always includes the letter A or V. "BREAKAWAY WALL" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "COASTAL HIGH HAZARDAREA" means the area subject to high velocity waters, including but not limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone Vl-V30, VE or V. "CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be to great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste. "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "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 and/or The unusual and rapid accumulation of runoff of surface waters from any source. -3- (Port Townsend, 7/89) "FLOOD INSURANCE RATE.MAP ~FIRM%" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including the basement). An unfinished or floor 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 non-elevation design requirements of this ordinance found at Section 5.2-1(2). "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 flood plain 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. "MANUFACTURED HOME PARK OR .SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION,' means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of constructionf repair, reconstruction, placement or other improvement was within 180 days of the permit 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 -4- (Port ?o~nsend, 7/89) beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of street and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation 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. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either. 1. before the improvement or repair is started, or if the structure has been damaged 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: any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a struCture listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCES" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 3. GENERAL PROVISIONS -5- (Port Townsend, 7/89) 3.1 Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Townsend. 3.2 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Port Townsend dated September 15, 1981 with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at City hall, 540 Water Street. 3.3 Penalties for Noncompliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 10 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Port Townsend from taking such other lawful action as is necessary to prevent or remedy any violations, 3.4 Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 Interpretations In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; -6- (Port Townsend, 7/89) 2. Liberally construed in favor of the governing body; and, Deemed neither to limit nor repeal any other powers granted under State statutes. 3.6 warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Port Townsend, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Section 4 ADMINISTRATION 4.1-1 DeveLopment Permit Required A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS", and for all development including fill and other activities, also as set forth in the "DEFINITIONS". 4.1-2 Application for Development Permit Application for a development permit shall be made on forms furnished by the Building department and may include but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Elevation in relation to mean sea level to which any structure -7- (Port Townsend, 7/89) has been floodproofed; Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 4.2 Designation of the Responsible official The Building Official is hereby designated to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 Duties and Responsibilities of the .Building Official Duties of the Building Official shall include, but not be limited to: 4.3-1 permit Review Review all development permits to determine that the permit requirements of this ordinance have been satisfied. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of Section 5.3 are met. 4.3-2 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3 FLOODWAYS. 4.3-3 Information to be Obtained and Maintained -8- (Port ToWnsend, 7/89) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level, and (ii) maintain the floodproofing certifications required in Section 4.1(3). Maintain for public inspection all records pertainina to the provisions of this ordinance. 4.3-4 Alteration of Watercourses Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 InterPretation of FIRM Boundaries Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of rules and regulations of the National Flood Insurance Program (44 CFR 59-76). Section 5. PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 General Standards -9- (Port Townsend, 7/89) In all areas of special flood hazards, the following standards are required. 5.1-1 Anchoring Ail new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. e Ail manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 5.1-2 construction Materials and Methods Ail new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Ail new construction and substantial improvements shall be constructed using methods and praCtices that minimize flood damage. Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.1-3 Utilities 1. Ail new and replacement water SuDDlv systems shall be desianed to min~mlze or eliminate infiltration of flood waters into the system; New and replacement sanitary sewaae systems shall be d~sioned to minimize or eliminate infiltration of flood waters into the systems and discharoe from the systems into flood waters: and. on-site waste disposal systems shall be located to avoid impairment to them or contamination from them durino floodino. 5.1-4 -10- (Port Townsend, 7/89) Subdivision Proposals Ail subdivision proposals shall be consistent with the need to minimize flood damage; Ail subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; Ail subdivision proposals Shall have adequate drainage provided to reduce exposure to flood damage; and, Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 5.1-5 Review of Building .Permits Where elevation data is not available either through the Flood Insurance Study of from another authoritative source (Section 4.3- 2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 5.2 Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Subsection 4.3- 2, Use of Other Base Flood Data, the following provisions are required: 5.2-1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior -11- (Port Townsend, 7/89) walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria; (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii.) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 4.3-3(2) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2). Se Applicants .floodDroofina nonresidential buildinas shall be notified that flood insurance premiums will be based on rates that are one foot below the floodDroofed level (e.a. a buildina floodDroofed to one foot above the base flood level will be rated as at the base flood level). -12- (Port Townsend, 7/89) 5.2-3 Critical Facility Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood plain. Construction of new critical facilities shall be permissible within the base flood plain if no feasible alternative site is available. Critical facilities constructed within the base flood plain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood plain shall be provided to all critical facilities to the extent possible. 5.2-4 Manufactured Homes Ail manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the Base Flood Elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 5.1- 1(2). This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. 5.3 Floodways Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. -13- (Port Townsend, 7/89) Construction. or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent. If SectiOn 5.3(1) is satisfied, all new cOnstruction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. 5.4 Wetlands Management To the maximum extent possible avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts. The following process should be implemented: Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention. 5.5 Encroachments The cumulatiVe effect of any proposed development, where combined -14- (Port Townsend, 7/89) with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 5.6 Standards for Shallow Flooding Areas (AO ZONES) Shallow flooding areas appear on FIRM's as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified). New Construction and substantial improvements nonresidential structures within AO zones shall either: of (±) have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in section 5.2-2(3). Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 5.7 coastal High Hazard Areas Located within areas of special flood hazard established in Section 3.2 are Coastal High Hazard Areas, designated as Zones Vi-V30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to -15- (port Townsend, 7/89) meeting all provisions in this ordinance, the following provisions shall also apply: Ail new allowable construction and substantial improvements in Zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that: (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and (ii) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval); A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (i) and (ii) of this Section. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. Ail new construction shall be located landward of the reach of mean high tide. e Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that -16- (Port Townsend, 7/89) e the designs proposed meet the following conditions: (i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. Prohibit the use of fill for structural support of buildings. Prohibit man-made alteration of sand dunes which would increase potential flood damage. Section 6. REPEALS ((See~em-~-e~-eed~amee-~9~?-s~see~e~-~v~4-e~-Sed~ma~ee-~988 em~-~-l-6-.~-e~-~~~~-M~m~e~-~~-eeeh he~e~-eepea~e~T)) Ordinance 1908. as amended bY Section 1 of Ordinance 1911. Section 2 of Ordinance 1911. Section 3 of Ordinance 1911, Section 1 of Ordinance 1927A. Section 2 Ordinance 1927A and Section 3 of Ordinance 1927A toaether with Chapter 16.08 of the Port Townsend Municipal Code are each hereby repealed. Section SEVERABILITY In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but thiS ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. -17- (Port Townsend, 7/89) Section ~. EFFECTIVE DATE This ordinance shall become effective five days after its passage and publication. Read for the first time on O~l.~ ~ and for the second and third time times and passed bY the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this [~ day of 0~ , 19 ~ . Brent S. Shirley, Mayor David A. ~rove,~ity Cle~ Approved as to form: Kei~h C. Harper, City Attorney ((~e~e~e~-~e~)) added.text -18- (Port Townsend, 7/89)