Title 14
BUILDINGS AND CONSTRUCTION

Chapters:

14.05 Building and Construction Code

14.10 Moving of Buildings

14.15 Flood Damage Prevention

14.20 Retaining Walls

Chapter 14.05
BUILDING AND CONSTRUCTION CODE

Sections:

14.05.010 Short title.

14.05.020 Purpose.

14.05.030 Adoption of codes by reference.

14.05.040 Conflicts between codes.

14.05.050 Fire Chief and Fire Marshal designated.

14.05.060 Fees.

14.05.070 Hours of construction.

14.05.080 Codes – Copies on file.

14.05.090 Administrative provision.

14.05.100 Building code amendments.

14.05.110 Fire code amendments.

14.05.120 Violations and penalties.

14.05.130 Liability.

14.05.140 Hearings Examiner – Powers and duties.

14.05.010 Short title.

This chapter is known as and may be referred to as the “building and construction code.”

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.020 Purpose.

The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of University Place. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.030 Adoption of codes by reference.

The following codes are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:

A. The International Building Code, 2006 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, I and J, therein, and Appendix M as adopted and amended by Chapter 51-50 WAC.

B. The International Residential Code, 2006 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapter G and Appendix F as adopted by Chapter 51-51 WAC.

C. The International Mechanical Code, 2006 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter, is hereby adopted.

D. The International Fuel Gas Code, 2006 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted.

E. The International Fire Code, 2006 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-54 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters B, C, D, E, F and G.

F. The Uniform Plumbing Code, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter; provided, that any provisions that affect fuel gas piping are not adopted, is hereby adopted.

G. The Washington State Energy Code, 2006 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted.

H. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-13 WAC, is hereby adopted.

I. The Washington State Historic Building Code as adopted and amended by the Washington State Building Code Council in Chapter 51-19 WAC, is hereby adopted.

J. The International Existing Buildings Code, 2006 Edition, published by the International Code Council, is hereby adopted.

K. The International Property Maintenance Code, 2006 Edition, published by the International Code Council, is hereby adopted.

L. The National Electrical Code, published by the National Fire Protection Association, as adopted and enforced by Tacoma Public Utilities, is hereby adopted.

M. The International Code Council Performance Code for Buildings and Facilities, 2006 Edition, published by the International Code Council, including Appendices A, B, C, D and E, is hereby adopted.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.040 Conflicts between codes.

In case of conflict among the building code, the residential code, the mechanical code, the fire code, and the plumbing code, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.050 Fire Chief and Fire Marshal designated.

Inspections and code enforcement of the fire code shall be conducted by the University Place Fire District in accordance with the interlocal agreement between the District and City. Conflicts of code interpretation shall be determined by the Building Official.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.060 Fees.

Any fee schedule in the codes listed in UPMC 14.05.030 shall be void. All fee schedules shall be listed in a fee resolution adopted by the City Council of the City of University Place.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.070 Hours of construction.

Except as otherwise provided in this chapter and in UPMC 9.05.040, the activities regulated by this chapter shall be limited to the following hours:

A. Monday through Saturday: 7:00 a.m. to 7:00 p.m.

B. Sunday and legal holidays: 8:00 a.m. to 5:00 p.m.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.080 Codes – Copies on file.

The City Clerk is to maintain one copy on file of each of the codes adopted by this chapter for public inspection and photocopying. These copies may be kept in the care of the Building Official.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.090 Administrative provision.

The administrative provisions as specified in Chapter 1 of the International Building Code as adopted and as subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in UPMC 14.05.030. As such these provisions shall supersede conflicting provisions listed in other adopted codes.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.100 Building code amendments.

The following sections in the adopted International Building Code are hereby amended:

A. Section 105.2, item #4 is amended to read:

Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and the material retained slopes 1:2 (or less) up and away from the wall, unless supporting a surcharge or impounding Class I, II or II-A liquids.

B. Section 105.2, item #11 is amended to read:

Swings and other playground equipment.

C. Section 110.1 is amended by the addition of the following:

EXCEPTION: R-3 and U occupancies.

D. Section 110.2 is amended to read:

After the building official inspects the building or structure and finds no violations of the provisions of the codes adopted by Chapter 14.05 UPMC or other pertinent laws that are enforced by the jurisdiction, the building official shall issue a certificate of occupancy on a form developed by the City to display the information pertinent to identify the facility and code requirements.

E. Section 903.2 is amended by the addition of the following paragraphs:

The provisions of this Section shall apply to existing buildings which are altered, repaired or remodeled to more than fifty percent of its county assessment value at the time of the first permit application, or within any seventy month period of time thereafter. Any additions to an existing structure shall be considered new construction and subject to the requirements of this Section.

Fire walls as specified by IBC Section 705 shall not be considered for reduction of floor areas noted in this chapter.

F. Section 903.2.10 is amended by addition of a new subsection 903.2.10.4 reading:

In all occupancies requiring 2,000 gallons per minute or more of fire flow per Appendix B of the International Fire Code, or where the total floor area included within the surrounding exterior walls on all floor levels including basements exceeds 10,000 square feet. Fire walls, as described in Section 705 of the International Building Code, shall not be considered to create separate buildings to enable deletion of the required fire sprinkler system.

G. Section 903.3.1 is amended by the addition of a new subsection 903.3.1.4 reading:

Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units where the building is of Type V construction. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of 14 inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

(Ord. 497 § 3, 2007; Ord. 463 § 1, 2005; Ord. 408 § 3, 2004).

14.05.110 Fire code amendments.

The following sections in the International Fire Code are hereby amended:

A. Section 105.2 is amended by addition of a new subsection 105.2.5 to read:

Permit Fees. The City or Fire District shall collect fees for permits, plan review and inspection services as prescribed in the City of University Place “Fee Schedule.”

B. Section 503.1 is amended to read:

Where the Authority Having Jurisdiction requires sprinkler protection systems in any occupancy due to access, topography or fireflow, fire sprinkler coverage shall be provided in garages, attached covered porches, carports and similar structures.

C. A new Section 508.5.5.1 is added reading:

Fire protection equipment and fire hydrants. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking or other obstruction. A minimum unobstructed distance of 15 feet shall be maintained on both sides of a fire hydrant along the access roadway. 

D. Section 901 is amended by the addition of a new Section 901.8.2 to read:

In the event of more than two false alarms in any 90-day period the Chief may charge a fee for fire department response as specified in the City of University Place “Fee Schedule.”

EXCEPTION: False alarms resulting from the failure of a fire alarm service technician notifying the central proprietary or remote monitoring station shall be billed at the rate specified in the City of University Place “Fee Schedule.”

For the purpose of this Section, a false alarm shall be defined as any unintentional activation of the fire alarm or detection system which is the result of improper installation, maintenance or use of that system.

Fire alarm system control units shall be provided with an approved sign indicating such fees will be imposed.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.120 Violations and penalties.

A. Civil Violation. Except as otherwise provided in this chapter, any violation of any of the provisions of this chapter shall constitute a civil violation subject to the penalties and abatement process detailed in Chapter 1.20 UPMC.

B. Criminal Penalty. Except as otherwise provided, in addition to or as an alternative to any other penalty provided for in this chapter, any person, partnership, firm, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable as provided for in RCW 9A.20.021.

C. Additional Remedies. In addition to any other remedies provided by this chapter, the City may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person, partnership, firm, association, or corporation who violates or fails to comply with any provision of this chapter, or any code adopted herein, to prevent, enjoin, abate, or terminate such violation or to restore a condition which existed prior to the violation. In all injunction, abatement and nuisance proceedings, the violator shall be required, in addition to any other relief, to pay the costs of such action, including reasonable attorneys’ fees.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.130 Liability.

The express intent of the City of University Place is that the responsibility for compliance with the provisions of this chapter shall rest with the permit applicant and their agents.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

14.05.140 Hearings Examiner – Powers and duties.

All appeals authorized by the international codes as to suitability of alternate materials and methods of construction and from other rulings, interpretations or enforcement actions of those officials charged with enforcing the codes shall be to the City’s Hearings Examiner as established by Chapter 2.20 UPMC. The Hearings Examiner shall utilize the procedures and penalties set forth in Chapter 1.20 UPMC. The Hearings Examiner shall serve in lieu of all boards of appeals mentioned or described in the international codes as adopted and amended by the City.

(Ord. 497 § 3, 2007; Ord. 408 § 3, 2004).

Chapter 14.10
MOVING OF BUILDINGS

Sections:

14.10.010 Purpose.

14.10.020 Definitions.

14.10.030 Permit required.

14.10.040 Permit – Application information.

14.10.050 Permit – Application – Deposits and fees.

14.10.060 Permit – Condition for granting.

14.10.070 Special requirements.

14.10.080 Penalty.

14.10.010 Purpose.

It is the purpose of this chapter to establish standards, including minimum requirements, for the moving of all buildings and other structures within the corporate limits of the City, and to provide for the issuance of a permit, collection of various fees, and inspectional service for all such movements.

(Ord. 38 § 1, 1995).

14.10.020 Definitions.

Definitions as used in this chapter, unless the context otherwise indicates, shall be as follows:

A. “Building” means and includes any building, house, structure, or other like object.

B. Classification of movements:

1. “Class I” move is the movement of any building from an origin outside of the City to a destination within the city.

2. “Class II” move is the movement of any building from one point within the City to another point within the city.

3. “Class III” is the movement of a building from a point within the City to a destination outside the city.

4. “Class IV” is the movement of any building through the City with both the origin and the destination outside the City.

C. “Housemover” means any person, firm, or corporation engaged in the business of moving houses, buildings, structures or other like object.

D. “Person” means and includes any person, firm, partnership, association, corporation, company or an organization of any kind.

(Ord. 38 § 2, 1995).

14.10.030 Permit required.

No person shall move any building over, upon, along, or across any public street without a written permit from the City for all such moves as classified and defined in UPMC 14.10.020.

(Ord. 38 § 3, 1995).

14.10.040 Permit – Application information.

Application for a permit shall be furnished by the City. The application for a permit shall contain, or have attached thereto, the following information:

A. Name and address of the applicant;

B. Location of the building to be moved (present address is assigned);

C. Location of the proposed site to which the building is to be moved (include legal description);

D. Date and time requested for the movement;

E. Map or description of requested route to be taken;

F. Height, width, and length of the building to be moved including the truck or equipment to be used for moving the building; and

G. Classification of the movement (as defined in UPMC 14.10.020).

(Ord. 38 § 4, 1995).

14.10.050 Permit – Application – Deposits and fees.

A. Every applicant before being granted a permit shall pay an application filing fee as shall be established from time to time by the City.

B. For any application for a Class I or II move herein provided for, there shall be charged and collected an inspection fee in an amount established from time to time by the City.

C. An application hereunder shall be accompanied by:

1. A cash deposit or corporate surety bond in the sum of $1,000 or such greater amount as the Building Official determines necessary as indemnity for any damage which the City may sustain by reason or damage or injury to any highway, street or alley, sidewalk, or other property of the City which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property;

2. A public liability insurance policy, naming the city as an additional assured and providing $100,000 or such greater amount the building official determines necessary to satisfy any claim by private individuals, firm, or corporations arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city; and

3. A cash deposit or a corporate surety bond in the sum of $500.00 or such greater amount as the building official determines necessary conditioned upon the permitee, within six months from the date of the issuance of such permit (a) completing the construction, painting and finishing of the exterior of the building and (b) faithfully complying with all requirements of this chapter, the building code, UPMC Title 19, Zoning, the other ordinances then in effect within the city including but not limited to permitee completing such work within six months of the date of the issuance of such permit. In the event the provisions of this subsection are not complied with within the time specified, the sum of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply within the terms of this chapter.

(Ord. 38 § 5, 1995).

14.10.060 Permit – Condition for granting.

As a condition of securing the permit for a Class I or II move:

A. The permitee shall furnish the city with a set of plans and specifications for the completed building to include a plot plan prepared by a registered engineer or land surveyor from the state of Washington showing in detail the placement of the proposed structure upon the lot within the city;

B. The permitee shall, prior to making application for such a permit or within 10 days after making such application, cause all of the exterior wall, ceiling or flooring to be removed to such extent as may be necessary to permit the building official to examine the materials and the type of construction of such building to ascertain whether it will comply with the existing building code and other applicable ordinances in the city; and

C. The permitee shall obtain certified statements of inspection and present to the building official from the State of Washington Department of Labor and Industries, Electrical Inspection Division, and any other certifying agencies used by the city to certify that such electrical and /or plumbing facilities of the building meet the minimum applicable code requirements. Such statements of inspection shall be presented to the building official within the 10-day period referenced in subsection (B) above. All building involved in a Class I or II move shall meet all minimum standards for plumbing and electrical facilities or shall be improved to such code standards prior to a building permit being issued by the city.

(Ord. 38 § 6, 1995).

14.10.070 Special requirements.

A. Escort. For Class I, II, III, and IV moves, the housemover shall provide at least two off-duty police officers or other appropriate agency employees which provide an escort service for the purpose of regulating traffic along the route such building is being moved; provided, that such police or special agency escort shall be at the expense of the housemover in addition to any other fees or deposits heretofore required. No variances of the provisions of the permit shall be permitted by the escort.

B. Time. Time of the movement shall be designated by the city. Every such permit shall become void unless the building being moved is removed from the public right-of-way within the time specified in the permit issued; provided, however, that the city may extend such time when the moving of any building is rendered impractical by reason of inclemency of the weather, strikes, or other causes not within the control of the housemover.

C. Lights. No person moving any building over, upon, along, or across any public street shall fail, neglect, or refuse to keep a red light (or any other devices that the city may require) at all times at each corner of such building and at the end of any projection thereupon while the same is located in or upon any public street.

D. Notice to Utilities. Before any building shall be moved the housemover shall give written notice to the public utilities or agencies designated in the application not less than three days in advance of the proposed move.

E. Condition of Lot. After the completion of any Class II or III move the area or lot upon which the structure was formally located shall be cleaned up and satisfactorily graded; and the sanitary sewer connection, if one exists, shall be plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the electrical and telephone lines removed; any well on the property marked and reported; and all trash removed therefrom to the satisfaction of the building official.

(Ord. 38 § 7, 1995).

14.10.080 Penalty.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to Chapter 1.20 UPMC.

(Ord. 38 § 8, 1995).

Chapter 14.15
FLOOD DAMAGE PREVENTION

Sections:

14.15.010 Definitions.

14.15.020 General provisions.

14.15.030 Administration.

14.15.040 Provisions for flood hazard reduction.

14.15.010 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. “Administrative appeal” means a request for a review of a decision made by an administrative official in the administration of this chapter.

2. “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.

3. “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Areas of special flood will also include “B” zones as defined below.

4. “B zone” means certain areas subject to the base flood with contributing drainage of more than 100 acres and less than one square mile and all pothole areas.

5. “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.” Designation on maps always includes the letters A or V.

6. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

7. “Breakaway wall” means a wall that is not 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.

8. “Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1–30, VE or V.

9. “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, installations which produce, use or store hazardous materials or hazardous waste.

10. “Development” means any manmade 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.

11. “Elevated building” means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

12. “Existing manufactured home park or subdivision” means a manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

13. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

14. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters; and/or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

15. “Flood fringe” means the area subject to inundation by the base flood, but outside the limits of the floodway, and which may provide needed temporary capacity for flood waters.

16. “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.

17. “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.

18. “Floodplain” means the total area subject to inundation by the base flood including the flood fringe and the floodway areas.

19. “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.

20. “Lowest floor” 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 UPMC 14.15.040(E)(2)(b).

21. “Manufactured home” means a factory-assembled structure intended solely for human habitation, which has sleeping, eating and plumbing facilities, that is being used for residential purposes, that was constructed in accordance with the HUD Federal Manufactured Housing Construction and Safety Standards Act in effect at the time of construction, and that is constructed in a way suitable for movement along public highways.

22. “Mobile home/manufactured home park” means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge. A mobile home or manufactured home park shall not include mobile home or manufactured home subdivisions or recreational vehicle parks.

23. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

24. “Recreational vehicle” means a structure or vehicle, other than a mobile home, which is permanently designed and intended for use for temporary housing purposes. Recreational vehicles shall include, but not necessarily be limited to, campers, motor homes, and travel trailers.

25. “Start of construction” includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, 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 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 streets and/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 of the property or accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

26. “Structure” means anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together. For the purposes of this regulation, structure does not include paved areas, fill, or any vehicle.

27. “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.

28. “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:

A. Before the improvement or repair is started; or

B. 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:

A. 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

B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

29. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

30. “Water dependent” means any use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. 164 § 1, 1997).

14.15.020 General provisions.

A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the City of University Place, Washington.

B. 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 Pierce County,” dated August 19, 1987, as amended, with accompanying flood insurance maps, as amended, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at City Hall.

C. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 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 University Place from taking such other lawful action as is necessary to prevent or remedy any violation.

D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter 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 chapter shall not create liability on the part of the city of University Place, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 164 § 2, 1997).

14.15.030 Administration.

A. Site Development Permit.

1. Site Development Permit Required. A site development permit and building permit if applicable shall be obtained before construction or development begins within any area of special flood hazard established in UPMC 14.15.020(B). The permit shall be for all structures including manufactured homes, and for all development including fill and other activities.

2. Application for Site Development Permit. Application for a site development permit shall be made on forms furnished by community development department, and in addition to the minimum requirements in the public work standards, 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:

a. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

b. Elevation in relation to mean sea level to which any structure has been floodproofed;

c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in UPMC 14.15.040(B)(2); and

d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Local Administrator. The community development department is hereby appointed to administer and implement this chapter by granting or denying site development permit applications through the city permit center in accordance with its provisions.

C. Duties and Responsibilities of the Local Administrator. Duties of the community development department shall include, but not be limited to:

1. Permit Review.

a. Review all site development permits to determine that the permit requirements of this chapter have been satisfied.

b. Review all site 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.

c. Review all site development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of UPMC 14.15.040(C)(1) are met.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with UPMC 14.15.020(B), the department 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 UPMC 14.15.040(B) and (C).

3. Information to be Obtained and Maintained.

a. Where base flood elevation data is provided through the flood insurance study or required as in subsection (C)(2) of this section, obtain and record the actual 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.

b. 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 subsection (A)(2)(c) of this section.

c. Maintain for public inspection all records pertaining to the provisions of this chapter.

4. Alteration of Watercourses.

a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

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 as provided in UPMC Title 22.

D. Variances.

1. The hearings examiner may grant a variance to the requirements of this chapter. Before granting a variance the hearings examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location, where applicable;

f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

2. Upon consideration of the factors of subsection (D)(1) of this section and the purposes of this chapter, the hearings examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The decision of the hearings examiner shall include the written warning provided for in subsection (D)(4)(h) of this section should a variance be granted.

3. The city clerk shall maintain the records of all appeal actions. The community development department shall report any variances to the Federal Insurance Administration upon request.

4. Conditions for Variances.

a. Generally, the only condition under which a variance from the elevation standard may be granted is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (k) of subsection (D)(1) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

d. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Variances shall only be issued upon:

i. A showing of good and sufficient cause;

ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (D)(1) of this section, or conflict with existing local laws or ordinances.

f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (D)(4)(a) of this section, and otherwise complies with UPMC 14.15.040(A) and (B).

h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

5. Variance Procedure. Variances shall be processed in accordance with UPMC Title 22.

(Ord. 423 §§ 43 – 46, 2004; Ord. 164 § 3, 1997).

14.15.040 Provisions for flood hazard reduction.

A. General Standards. In all areas of special flood hazards, the following standards are required:

1. Anchoring.

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

b. All 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).

2. Construction Materials and Methods.

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c. 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.

3. Utilities.

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

4. Subdivision Proposals.

a. All subdivision proposals shall be consistent with the need to minimize flood damage;

b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

d. 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 five lots.

5. Review of Building Permits. Where elevation data is not available either through the flood insurance study or from another authoritative source (UPMC 14.15.030(C)(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.

B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in UPMC 14.15.020(B) or 14.15.030(C)(2), the following provisions are required:

1. Residential Construction.

a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation.

b. 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 walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be 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.

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 above the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

a. 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;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

c. 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 UPMC 14.15.030(C)(3)(b);

d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section;

e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).

3. Manufactured Homes.

a. All manufactured homes to be placed or substantially improved within zones A1–30, AH, and AE on the community’s FIRM on sites:

i. Outside of a manufactured home park or subdivision,

ii. In a new manufactured home park or subdivision,

iii. In an expansion to an existing manufactured home park or subdivision, or

iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1–30, AH, and AE on the community’s FIRM that are not subject to the above manufactured home provisions be elevated so that either:

i. The lowest floor of the manufactured home is elevated one foot above the base flood elevation, or

ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.

4. Recreational Vehicles. Recreational vehicles placed on sites within zones A1–30, AH, and AE on the community’s FIRM either:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c. Meet the requirements of subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured homes.

C. Floodways. Located within areas of special flood hazard established in UPMC 14.15.020(B) 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:

1. 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.

2. 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 (i) before the repair, or reconstruction is started, or (ii) 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.

3. If subsection (C)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

D. Encroachments. The cumulative effect of any proposed development, where combined 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.

E. Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three 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:

1. New construction and substantial improvements of residential structures and manufactured homes 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).

2. New construction and substantial improvements of nonresidential structures within AO zones shall either:

a. 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

b. 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 subsection (B)(2)(c) of this section.

3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

4. Recreational vehicles placed on sites within AO zones on the community’s FIRM either:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c. Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes.

F. Coastal High Hazard Areas. Located within areas of special flood hazard established in UPMC 14.15.020(B) are coastal high hazard areas, designated as zones V1–30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply:

1. All new construction and substantial improvements in zones V1–30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:

a. 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

b. 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 equaled or exceeded in any given year (100-year mean recurrence interval).

2. 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 (F)(1)(a) and (b) of this section.

3. 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 community services department shall maintain a record of all such information.

4. All new construction shall be located landward of the reach of mean high tide.

5. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting 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 the designs proposed meet the following conditions:

a. Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

b. 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 equaled or exceeded in any given year (100-year mean recurrence interval).

6. 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.

7. Prohibit the use of fill for structural support of buildings.

8. Prohibit manmade alteration of sand dunes which would increase potential flood damage.

9. All manufactured homes to be placed or substantially improved within zones V1–30, V, and VE on the community’s FIRM on sites:

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

c. In an expansion to an existing manufactured home park or subdivision; or

d. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood; meet the standards of subsections (F)(1) through (9) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1–30, V, and VE on the FIRM meet the requirements of subsection (B)(3) of this section.

10. Recreational vehicles placed on sites within zones V1–30, V, and VE on the community’s FIRM either:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c. Meet the requirements of UPMC 14.15.030(A)(1) (permitting requirements) and subsections (F)(1) through (9) of this section.

G. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100-year) 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 elevation shall be provided to all critical facilities to the extent possible.

(Ord. 423 § 47, 2004; Ord. 164 § 4, 1997).

Chapter 14.20
RETAINING WALLS

Sections:

14.20.010 Purpose and scope.

14.20.020 Definitions.

14.20.030 Permit requirement.

14.20.040 Exemptions.

14.20.050 Design and construction.

14.20.060 Variances.

14.20.070 Appeals.

14.20.080 Conflicts.

14.20.090 Copy to be available.

14.20.010 Purpose and scope.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the construction and placement of retaining wall systems through the adoption of specific standards to augment existing codes. These provisions shall apply to the construction and/or alteration of retaining walls on all public and private property that is not within a public right-of-way of the city.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 1, 2003).

14.20.020 Definitions.

For the purposes of this chapter the following definitions shall apply:

“Building code” means the latest edition of the International Building Code as amended and adopted by the city.

“Cut” means an alteration or excavation of the slope of native soils material resulting in a new face or slope.

“Fill” means the placement of soils material to achieve a new ground surface.

“Height of wall” means the measured distance between the bottom of the footing to the top of a wall.

“Retaining wall” means a manmade structure built out of rock, block, wood, or other similar material and used to either directly support retained material or to serve as a facing of a cut slope. This definition includes, but is not limited to, other systems designed to retain earth or other materials such as a geosynthetic-reinforced soil system.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 2, 2003).

14.20.030 Permit requirement.

It shall be unlawful to construct, enlarge, alter, repair or demolish any retaining wall without a building permit from the city’s permit center. The application, submittal, permitting and inspection requirements for retaining walls shall be as specified in the building code and other city codes and ordinances.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 3, 2003).

14.20.040 Exemptions.

A. Retaining walls with a height of wall not exceeding four feet are exempt from this chapter if:

1. The wall is set back from any adjacent property lines or structures at a minimum distance equal to the height of the wall;

2. The material retained by the wall slopes up and away from the wall at a ratio not exceeding one foot vertical per two feet horizontal distance; and

3. The wall is not supporting a surcharge.

B. Emergency repairs required to stabilize slopes in existing active landslide areas may exceed the height limits set forth in this chapter provided the building official determines the following criteria are met:

1. The repairs meet the requirements of Chapter 14.05 UPMC;

2. An imminent danger of slope failure exists that will threaten life or the safety of existing upslope or downslope property;

3. The building official certifies that strict compliance with the other provisions of this chapter is likely to result in insufficient time to complete the repairs to provide for the necessary stabilization of the active area;

4. The emergency repairs are not necessitated by actions of the applicant or property owner in violation of city codes; and

5. The height of the retaining walls is the minimum necessary to stabilize the slope.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 4, 2003).

14.20.050 Design and construction.

A. Retaining wall systems shall be designed for all loads as specified in the building code and in keeping with nationally recognized standards. Designs shall be based upon sound engineering and geotechnical principles.

B. Maximum Wall Heights.

1. The maximum height of a retaining wall in a fill section shall be limited to 10 feet. Any fill wall eight feet or taller, when located within 15 feet of an exterior property boundary, shall be provided with landscaping at the base of the wall equivalent to Level II landscaping outlined in Chapter 19.65 UPMC.

2. The maximum height of a retaining wall in a cut section shall not be limited; provided, that the final grade at the top of the wall is within one foot of the preexisting grade.

3. Where multiple walls are situated in a terrace-like pattern they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls.

Exception: The horizontal separation may be reduced to 50 percent of the combined height of the walls (but in no case less than five feet), where the terraced area is landscaped with bushes and groundcover in accordance with the Level II landscaping provisions of Chapter 19.65 UPMC.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 5, 2003).

14.20.060 Variances.

Where there are unique constraints that would prohibit full compliance with the provisions of this chapter and would deny the property owner of use of their property that would be permitted to other properties, a variance may be considered. In these cases, the procedures in UPMC 19.85.030 shall be used. In addition to the criteria set forth in UPMC 19.85.030, an application for a variance must show how the combination of landscaping and/or natural terrain provides for mitigation of impacts equal to or exceeding those provided by the prescriptive requirements.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 6, 2003).

14.20.070 Appeals.

Any person or entity aggrieved by any decision or order of the director under this chapter may appeal the decision in accordance with the procedures and timelines established in Title 22 UPMC.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004).

14.20.080 Conflicts.

Where there is a conflict between this chapter and any other code or ordinance of the city, the more specific provisions shall apply.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 7, 2003. Formerly 14.20.070).

14.20.090 Copy to be available.

One copy of this chapter shall be available in the office of the city clerk for use and examination by the public.

(Ord. 445 § 1, 2005; Ord. 410 § 2, 2004; Ord. 372 § 8, 2003. Formerly 14.20.080).