CHAPTER 178 FLOODPLAIN OVERLAY ZONE Revised 12/04/02 Section Title 178.010 Purpose 178.020 Definitions 178.030 General Provisions 178.040 Uses 178.050 Conditional Use Procedures and Requirements 178.060 Flood Protection Standards 178.070 Generalized Floodplain Areas 178.080 Variances 178.090 Variance Criteria 178.100 Warning and Disclaimer of Liabil­ity 178.010 PURPOSE. The purpose of the Floodplain Overlay Zone is to: (A) Restrict or prohibit 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. (B) Minimize expenditure of public money for flood control projects, rescue and relief efforts in areas subject to flooding. (C) Minimize flood damage to new construction by elevating or flood proofing all structures. (D) Control the alteration of natural floodplains, stream chan­nels and natural protective barriers which hold, accommo­date or channel flood waters. (E) Control filling, grading, dredging and other develop­ment which may be subject to or increase flood damage. (F) Prevent or regulate the construction of flood barriers which may increase flood hazards in other areas. (G) Comply with the requirements of the Federal Insurance Administration to qualify Marion County for participa­tion in the National Flood Insurance Program. (H) Minimize flood insurance premiums paid by the citizens of Marion County by reducing potential hazards due to flood damage. (I) Implement the floodplain policies in the Marion County Comprehensive Plan. 178.020 DEFINITIONS. For purposes of this overlay zone the following terms shall mean: (A) 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. (B) Base Flood Level ‑ The flood level having a one percent chance of being equaled or exceeded in any given year (100 year floodplain). (C) Conveyance - Means the carrying capacity of all or a part of the floodplain. It reflects the quantity and velocity of floodwaters. Conveyance is measured in cubic feet per second (CFS). If the flow is 30,000 CFS at a cross section, this means that 30,000 cubic feet of water pass through the cross section each second. (D) Existing Manufactured Home Park or Subdivision - Is one in which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed was completed before the effective date (August 15, 1979) of the community’s floodplain management regulations. The construction of facilities includes, at a minimum, the installation of utilities, construction of streets, and either final site grading or the pouring of concrete pads. (E) Encroachment - Means any obstruction in the floodplain which affects flood flows. (F) Flood or Flooding ‑ A general and temporary condition of partial or complete inundation of usually dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. (G) Flood Boundary Floodway Map (FBFM) ‑ The map portion of the Flood Insurance Study (FIS) issued by the Federal Insurance Agency on which is delineated the Floodplain, Floodway (and Floodway Fringe) and cross sec­tions (referenced in the text portion of the FIS). (H) Floodplain 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 floodplain. (I) Floodway Fringe ‑ The area of the floodplain lying outside of the floodway as delineated on the FBFM where encroachment by development will not increase the flood elevation more than one foot during the occurr­ence of the base flood discharge. (J) Floodplain ‑ Lands within the County that are subject to a one percent or greater chance of flooding in any given year and other areas as identified on the official zoning maps of Marion County. (K) Flood Insurance Rate Map (FIRM) ‑ The official map on which the Federal Insurance Administration has delin­eated both the areas of special flood hazards (floodplain) and the risk premium zones applicable to the community and is on file with the Marion County Plan­ning Division. (L) Flood Insurance Study (FIS) ‑ 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 and is on file with Marion County Planning Division. (M) Floodproofing ‑ A combination of structural or non-str­uctural provisions, changes or adjustments to struc­t­ures, land or waterways for the reduction or elimina­tion of flood damage to properties, water and sanitary facilities, structures and contents of build­ings in a flood hazard area. (N) Floodway ‑ The channel of a river or other watercourse and the adjacent land areas that must remain unobstruc­ted to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodway is identified on the Flood Boundary Floodway Map. (O) Highway Ready - Means a fully licensed recreation vehicle that is on wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (P) 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 non-elevation design requirements of this ordinance. (Q) 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 floodplain management purposes the term "manufactured home" also includes mobile homes as defined in Section (T). For insurance and floodplain management purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles as defined in Section 178.­020(X). (R) 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. (S) Mean Sea Level - Means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (T) Mobile Home - Means a vehicle or structure, transport­able in one or more sections, which is eight feet or more in width, is 32 feet or more in length, is built on a permanent chassis to which running gear is or has been attached, and is designed to be used as a dwelling with or without permanent foundation when connected to the required utilities. Such definition does not include any recreational vehicle as defined by Section 178.020(X­). (U) New Construction - Any structure(s) for which the start of construction commenced on or after the effective date of the Floodplain Overlay Zone (August 15, 1979). (V) Obstruction - Any physical object which hinders the passage of water. (W) Permanent Foundation - Means a natural or manufactured support system to which a structure is anchored or attached. A permanent foundation is capable of resisting flood forces and may include posts, piles, poured concrete or reinforced block walls, properly compacted fill, or other systems of comparable flood resistivity and strength. (X) Recreational Vehicle - Means a "camper," "motor home," "travel trailer," as defined in ORS 801.180, 801.350, and 801.565 that is intended for temporary human occu­pancy and is equipped with plumbing, sinks, or toilet, and does not meet the definition of a mobile home in Section 178.020(T). (Y) Reinforced Pier - At a minimum, a reinforced pier must have a footing adequate to support the weight of the manufactured home under saturated soil conditions. Concrete blocks may be used if vertical steel reinforcing rods are placed in the hollows of the blocks and the hollows are filled with concrete or high strength mortar. Dry stacked concrete blocks do not constitute reinforced piers. When piers exceed 36 inches under “I” beams or 48 inches under floor systems they are required to be designed by an engineer licensed in Oregon. (Z) Special Flood Hazard Area (SFHA) - Areas subject to inundation from the waters of a 100-year flood. (AA) Start of Construction ‑ (For other than new construc­tion or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), 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 slabs 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 on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (BB) Substantial Damage - Means flood related damage when the cost of restoring the structure would equal or exceed 20 percent of the market value of the structure before the damage occurred. (CC) Substantial Improvement ‑ Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 20 percent of the assessed value of the structure: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For 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 struc­tures. The term does not include: (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; (b) Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. (DD) Watercourse - A natural or artificial channel in which a flow of water occurs either continually or intermittently in identified floodplains. (EE) Water Dependent - Means a use or activity that can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water related transportation, recreation, energy production or source of water. These uses include structures that to serve their purpose must be in or adjacent to water areas, such as bridges, culverts, and erosion and flood control structures. (FF) Zoning Administrator - Shall be the Planning Director or his designee. 178.030 GENERAL PROVISIONS. The following regulations apply to all unincorporated lands in identified floodplains as shown graphic­ally on the zoning maps. The floodplain comprises those areas of special flood hazard identified by the Federal Insurance Administra­tion in a scientific and engi­neering report entitled the "Flood Insurance Study for Marion County, Oregon, Unincor­porat­ed Areas” dated January 19, 2000, with accompa­nying ­Floodway and Flood Insurance Rate Maps and amend­ments taking effect as of August 15, 1979, August 19, 1987, September 30, 1993, December 19, 1995, June 19, 1997, and January 2, 2003. The floodplain also comprises areas identified and mapped by Marion County that were not studied by the FIA. The report and maps are incorporated in the overlay zone by this reference and are on file with the Marion County Planning Divi­sion. When base flood elevation data have not been provided, the Zoning Adminis­trator shall have the authority to determine the location of the bound­aries of the flood­plain where there appears to be conflict between a mapped boundary and the actual field conditions, provid­ed a record is main­tained of any such determi­nation. (A) Duties of the Zoning Administrator shall include, but not be limited to: (1) Review all development permits to determine that the permit requirements of this ordinance have been satis­fied. (2) 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. (3) Review building permits where elevation data is not available either through the FIS or from another authoritative source, 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. (4) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the en­croachment provisions of Section 178.060(J) are met. (5) 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 structures contain a basement. (6) For all new substantially improved floodproofed struc­tures: (a) Verify and record the actual elevation (in rela­tion to mean sea level), and (b) Maintain the floodproofing certifications required in Section 178.060(C). (7) Maintain for public inspection­ all records pertaining to the provi­sions of this ordinance. 178.040 USES. Within a FP (Floodplain) Overlay zone no uses, structures, recreational vehicles and premises shall be used or established except as provided in the applicable underlying zone and the provisions of this overlay zone. Except as provided herein all uses and floodplain development shall be subject to issuance of a conditional use permit (Floodplain Development Permit) as provided in Section 178.050. (A) The following uses are exempt from the regula­tions of this overlay zone: (1) Signs, markers, aids, etc., placed by a public agency to serve the public. (2) Streets, driveways, parking lots and other open space use areas where no alteration of topography will occur. (3) Minor repairs or alterations to existing structures pro­vided the al­ter­ati­ons do not in­crease the size or in­ten­sify the use of the structure, and do not consti­tute "sub­stantial im­provement" as de­fined in Section 178.020(CC). (4) Customary dredging associated with channel maintenance consistent with applicable State or Federal law. This exemption does not apply to the dredged materials placed within a floodplain. (5) Placement of utility facilities necessary to serve estab­lished and permitted uses within floodplain areas, such as telephone poles. This exemption does not apply to build­ings, substations, or other types of floodplain development. (B) The following are not required to obtain a conditional use permit provided: (1) That prior to obtaining a building permit for any residential, commercial or industrial structure within an area identified by FIA or Marion County as being within a 500 year floodplain the applicant shall comply with the requirement in 178.050(C). (2) New dwellings and manufactured homes, and replacement dwellings that are not being replaced in the same location as the original dwelling, are prohibited in the floodplain if there is an area on the subject property that is located outside of the floodplain where the dwelling can be placed. An exception to this prohibition may be granted if a floodplain development permit, and variance consistent with Section 178.080, are obtained. 178.050 CONDITIONAL USE PROCEDURES AND REQUIREMENTS. (A) Except as provided in Section 178.040 a condit­ional use permit (Floodplain Development Permit) shall be ob­tained before construction or development begins within the Floodpla­in Overlay Zone. The condi­tional use permit shall include conditions ensur­ing that the Flood Protec­tion standards in Section 178.060 are met. (B) When base flood elevation data and floodway data have not been provided in accordance with Section 178.030, the applicant, with the assistance of the Zoning Admin­is­trator, shall obtain and reasonably utilize any base flood elevation data or evidence available from a Federal, State or other source in order to determine compliance with the flood protection stand­ards. If data are insufficient, the Zoning Adminis­trator may require that the applicant provide data derived by standard engineering methods. (C) Prior to obtaining a building permit the owner shall be required to sign and record in the deed records for the county a declaratory statement binding the landowner, and the landowners successors in interest acknowledging that the property and the approved development are located in a floodplain. (D) Prior to obtaining a building permit, commencing development or placing fill in the floodplain the applicant shall submit a certification from a registered civil engineer demonstrating that a development or fill will not result in an increase in floodplain area on other properties and will not result in an increase in erosive velocity of the stream that may cause channel scouring or reduce slope stability downstream of the development or fill. (E) Prior to any mining, dredging, filling, grading, paving or excavation within the 500 year floodplain of the Mill Creek Basin Flood Hazard Area (MCBFHA), as shown on the Marion County zoning maps, a floodplain development permit shall be obtained. (F) The applicant shall provide an elevation cer­tificate signed by a licensed surveyor or civil engi­neer certifying that the actual eleva­tion (in relation to mean sea level) of the lowest floor (including basement) of all new or substan­tially improved manufac­tured homes, dwellings and structures meets the require­ments of Section 178.060(A),(B) and (C) where applicable, as follows: (1) Prior to construction (based on construction drawings), and (2) Once the floor elevation can be determined (based on the building under construction), and (3) Prior to occupancy (based on finished construction). (G) A highway ready recreation vehicle may be located on a lot or parcel without a dwelling in a floodplain or floodway only during the non-flood season (June 1 through September 30), subject to the requirements in Section 126.40. (H) In addition to other information required in a condi­tional use application, the application shall include: (1) Land elevation in mean sea level data at develop­ment site and topographic characteristics of the site. (2) Base flood level expressed in mean sea level data on the site. (3) Plot plan showing property location, floodplain and floodway boundaries where applicable, boundar­ies and the location and floor elevations of existing­ and pro­posed development, or the loca­tion of grading or fill­ing where ground surface modifi­cations are to be under­taken. (4) Any additional statements and maps providing informa­tion demonstrating existing or historical flooding conditions or characteristics which may aid in deter­mining compliance with the flood protection standards of this overlay zone. 178.060 FLOOD PROTECTION STANDARDS. In all areas of identified floodplain, the following requirements apply: (A) Dwellings and Manufactured Homes New residential construction, substantial improve­ment of any residential structures, location of a manufactured home on a lot or in a manufactured home park or park expansion ap­proved after adoption of this ordinance shall: (1) Dwellings shall have the top of the lowest floor, including basement, elevat­ed on a permanent foundation to two (2) feet above base flood elevation and the bottom of the lowest floor constructed a minimum of one (1) foot above the base flood elevation. Where the base flood elevation is not available, the top of the lowest floor, including basement shall be elevated on a permanent foundation to two (2) feet above the highest adjacent natural grade (within 5 feet) of the building site and the bottom of the lowest floor elevated to one (1) foot above the highest adjacent natural grade (within 5 feet) of the building site; and (2) Manufactured homes shall have the finished floor, including basement, elevated on a permanent foundation to two (2) feet above base flood elevation. Where the base flood elevation is not available, the finished floor, including basement shall be elevated on a permanent foundation to two (2) feet above the highest adjacent natural grade (within 5 feet) of the building site; and (3) Manufactured homes shall be anchored in accordance with subsection (D); and (4) No new dwelling or manufactured home shall be placed in a flood­way. An exception to this prohibition may be granted if a floodplain development permit, and variance consistent with Section 178.080, are obtained. (5) 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 either be certified by a registered profes­sional engineer or architect or must meet or exceed the following minimum crite­ria: (a) 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. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, lou­vers, or other coverings or devices provided that they permit the automatic entry and exit of floodwat­ers. (B) Manufactured homes in existing manufactured home parks The standards in Section 178.060(A) shall apply to location of a manufac­tured home in a vacant space in a manufactured home park existing prior to adoption of this ordinance. (C) Non‑residential development (1) New construct­ion and substan­tial improvement of any commer­cial, industrial or other non‑resident­ial structures shall either have the lowest floor, including basement, elevat­ed to two (2) feet above the level of the base flood eleva­tion. Where the base flood elevation is not available, the lowest floor, including basement, shall be elevated to two (2) feet above the highest adjacent natural grade (within 5 feet) of the building site; or together with attendant utility and sanitary facil­ities, shall: (a) Be floodproofed so that below 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 standards in this subsection and sub­sec­tion (E) are satis­fied. This certifi­cate shall include the specific elevation (in relation to mean sea level) to which such struct­ures are floodproofed. (d) Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 178.060 (A) (5). (e) Applicants floodproofing non-residential buildings shall be notified by the Zoning Administrator that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). (2) New construct­ion of any commer­cial, industrial or other non‑resident­ial structures are prohibited in the floodway. An exception to this prohibition may be granted if a floodplain development permit, and variance consistent with Section 178.080, are obtained. This prohibition does not apply to water dependent uses. (D) Anchoring (1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movements, 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. Anchoring methods shall be consistent with the standards contained in Section 308 (Flood Resistance) contained in the Oregon Manufactured Dwelling Standards Manual 1997. (E) Construction materials and methods (1) All new construction and substantial improvements below base flood level shall be constructed with materi­als and utili­ty equip­ment resis­tant to flood damage, and the design and methods of construction are in accord with accepted standards of practice based on an engin­eer's or architect's review of the plans and specifi­cations. (2) All new construction and substantial improvements shall be constructed using methods and practices that mini­mize flood damages. (F) Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system as approved by the State Health Division. (2) New and replacement sanitary sewage systems including on-site waste disposal systems shall be designed and located to minimize flood water contamina­tion consis­tent with the requirements of the Oregon State De­part­ment of Environmental Quality. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment shall be elevated to one (1) above the level of the base flood elevation. Where the base flood elevation is not available, the electrical, heating, ventilation, plumbing and air-condition equipment shall be elevated to one (1) foot above the highest adjacent natural grade (within 5 feet) of the building site. (G) Developments, Generally - Residential developments in­volving more than one single family dwelling, includ­ing subdivi­sions, manufactured home parks, multiple family dwellings and planned develop­ments including development regulated under (A) and (C) shall meet the following require­ments: (1) Be designed to minimize flood damage. (2) Have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood damage. (4) Base flood elevation data shall be provided by the developer. In cases where no base flood elevation is available analysis by standard engineering methods will be required. (H) Storage of materials and equipment ‑ Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if transported by floodwaters, are prohibited. Storage of materials and equipment not having these characteristics is permiss­ible only if the materials and equipment have low‑dam­age potential and are anchored or are readily removable from the area within the time avail­able after fore­casting and warning. (I) Alteration of watercourses ‑ When consider­ing a condition­al use permit to allow alteration or modification of a water­course the following shall apply: (1) Adjacent communities, the Oregon Division of State Lands and the Department of Land Conserva­tion and Development shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Insur­ance Administration. (2) Maintenance shall be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (J) Floodways ‑ Located within areas of floodplain estab­lished in Section 178.030 are areas designated as floodways. Since the floodway is an extremely hazard­ous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion poten­tial the following provisions shall apply in addition to the requirement in (I): (1) Prohibit encroachments, including fill, new con­struc­tion, substantial improvements and other development unless a certified technical evaluation is provided by a regis­tered professional engineer or architect demon­strating that encroach­ments shall not result in any increase in flood levels during the occurrence of the base flood discharge. This evaluation may be submitted to the Federal Emer­gency Management Agency for techni­cal review. (2) If Section 1 above is satisfied all new construct­ion and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 178.060. (3) The area below the lowest floor shall remain open and unenclosed to allow the unrestricted flow of floodwaters beneath the structure. (K) Standards for Shallow Flooding Areas (AO Zones) Shallow flooding area appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet 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 within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent natural grade (within 5 feet) of the building site, to two (2) feet above the depth number specified on the FIRM or three (3) feet if no depth number is speci­fied. (2) New Construction and substantial improvements of non-residential structures within AO zones shall either: (a) Have the lowest floor (including basement) elevat­ed above the highest adjacent natural grade (within 5 feet) of the build­ing site, to two (2) feet above the depth number speci­fied on the FIRM or three (3) 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 178.060(E). (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from pro­posed structures. 178.070 GENERALIZED FLOODPLAIN AREAS. Where elevation data is generalized, such as the unnumbered A zones on the FIRM, condit­ional use permits shall include a review and determination that proposed construction will be reasonably safe from flooding and meet the flood protection standards. In determining whether the proposed floodplain development is reasonably safe, applica­ble criteria shall include, among other things, the use of historical data, high water marks, photographs of past flooding, or data (e.g. an engineering study or soil and landscape ­analysis) may be submitted by qualified professionals that demonstrate the site is not in a floodplain. In such cases, a letter of map amendment may be required by the Zoning Administrator. 178.080 VARIANCES. (A) A variance may be issued as part of the conditional use process 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, in conformance with the criteria in subsection 178.090. The variance criteria of Section 122.020 of the Zoning Ordinance do not apply. (B) Marion County shall notify the applicant in writing over the signature of the Zoning Administrator that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 2) such construction below the base flood level increases risk to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (C). (C) Marion County shall: 1) maintain a record of all variance actions, including justification for their issuance; and 2) report such variances issued in its biennial report submitted to the NFIP Administrator. 178.090 VARIANCE CRITERIA. The following criteria shall be used to review variance applications. (A) Variances shall only be issued upon a showing that: (1) There is a good and sufficient cause; (2) That failure to grant the variance would result in exceptional hardship to the applicant; (3) 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, or conflict with existing local laws; (4) The variance is the minimum necessary, considering the flood hazard, to afford relief; (5) The variance will be consistent with the intent and purpose of the provision being varied; (6) There has not been a previous land use action approved on the basis that variances would not be allowed; and (7) The new construction or substantial improvement is not within any designated regulatory floodway, or if locat­ed in a floodway, no increase in base flood discharge will result. 178.100 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this overlay zone is considered reasonable for regulatory purposes and is based on scientific and engineer­ing considerations. Larger floods can and will occur on occa­sion. Flood heights may be increased by man‑made or natural causes. This zone 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 zone will not create liability on the part of Marion County, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any decision lawfully made thereunder.