INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Portland City Code ch. 14

Citation
Portland City Code ch. 14
Parent Document
Portland City Code ch. 14
Jurisdiction
Portland (municipal)

Other Sections in This Document (541)

Full Text

3,982 chars
B.   Variances may be issued for new construction,        B.   The above Subsections 12.6.4(A)(1), (2), and (3)
     substantial improvements, or other                        shall be included with or on all applications for
     development for the conduct of a functionally             a variance hereunder, as well as the following
     dependent use provided that:                              statements:
     1.   The criteria of Section 12.6 and Subsection          1.   The applicant understands and is fully
          12.4.5 are met.                                           aware of all of the risks inherent in the use
     2.   The structure or other development is                     of land subject to flooding and
          protected by methods that minimize flood                  understands and agrees that they are fully
          damages during the base flood and create                  assuming any potential or actual liability
          no additional threats to public safety.                   resulting therefrom. Applicant agrees to
                                                                    indemnify and defend the municipality
12.6.4 Notice to applicants                                         against any claims filed against it that are
A.   Any applicant who meets the criteria of this                   related to the applicant’s decision to use
     section shall be notified by the Board of                      the land located in a flood plain and that
     Appeals in writing with the signature of the                   the applicant individually releases the
     Chair of the Board of Appeals that:                            municipality from any claims the applicant
     1.   The issuance of a variance to construct a                 may have against the municipality that are
          structure below the base flood level will                 related to the use of land located in a flood
          result in greatly increased premium rates                 plain. Applicant further understands and
          for flood insurance up to amounts as high                 agrees that the City has no responsibility
          as $25 per $100 of insurance coverage.                    therefore, and in the event a variance is
     2.   Such construction below the base flood                    granted to applicant, applicant agrees to
          level increases risks to life and property.               inform any purchaser, assignee, or other
     3.   The applicant agrees in writing that the                  transferee of applicant of the existence of
          applicant is fully aware of all the risks                 said variance and of this agreement.
          inherent in the use of land subject to               2.   Applicant shall signify in writing that they
          flooding, assumes those risks and agrees to               have read, understands, and agrees to all of
          indemnify and defend the municipality                     the stipulations in this Subsections
          against any claims filed against it that are              12.6.4(A) and (B).
          related to the applicant’s decision to use
          land located in a flood plain and that the      12.6.5 Record of variances
          applicant individually releases the             The Board of Appeals shall submit to the Building
          municipality from any claims the applicant      Authority a report of all variance actions, including
          may have against the municipality that are      justification for the granting of the variance and an
          related to the use of land located in a flood   authorization for the Building Authority to issue a
          plain.                                          Flood Hazard Development Permit, which includes
                                                          any conditions to be attached to said permit. 12-14 | CITY OF PORTLAND LAND USE CODE FLOOD PLAIN MANAGEMENT