16507594
ORDINANCE NO. 16,507
AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 8 -256
THROUGH 8 -305 AND CHAPTER 36, SECTIONS 36 -341
OF THE LITTLE ROCK CODE OF ORDINANCES TO
COMPLY WITH THE 'FULL PROGRAM' REQUIREMENTS
OF THE NATIONAL FLOOD INSURANCE PROGRAM;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That Chapter 8. of the Code of
Ordinances be amended as follows:
Subsection (a) That Chapter 8., Section 8 -256 be
amended for the purpose of adding additional language and to
then read as follows:
ALLUVIAL FAN FLOODING - means flooding occurring on the
surface of an alluvial fan or similar landform which
originates at the apex and is characterized by high - velocity
flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform
below which the flow path of the major stream that formed
the fan becomes unpredictable and alluvial fan flooding can
occur.
BASEMENT - for floodplain management purposes, means any
area of the building having its floor subgrade (below ground
level) on all sides.
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EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which
the manufactures homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of
streets, and either final site grading or the construction
of concrete pads) is completed before the effective date of
the floodplain management regulation adopted by the
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by
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 construction of concrete
pads).
FLOODPLAIN MANAGEMENT - means the operation of an overall
program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain
management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state
or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention
and reduction.
FLOOD PROOFING - means any combination of structural and
nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary
facilities, structures and their contents.
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HISTORIC STRUCTURE - means any structure that is: 596
(a) Listed individually in the National Register of
Historic Places (a listing maintained by the Department of
the Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for individual
listing on the National Register;
(b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic
significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a
registered historic district;
(c) Individually listed on a state inventory of
historic places in states with historic preservation
programs which have been approved by the Secretary of the
Interior; or
(d) Individually listed on a state inventory of
historic places in states with historic preservation
programs that have been certified by either:
(1) By an approved state program as determined by
the Secretary of the Interior or,
(2) Directly by the Secretary of the Interior in
states without approved programs.
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or 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 construction
of concrete pads) is complete on or after the effective
date of floodplain management regulations adopted by the
community.
SUBSTANTIAL DAMAGE - means damage of any origin substained
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.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on
a single chassis; (ii) 400 square feet or less when measured
at the largest horizontal projections; (iii) designated to
be self - propelled or permanently towable by a light duty
truck; and (iv) designed primarily not for use as a
permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
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Subsection (b) That Chapter 8., Section 8-256 be
amended to provide for modification of the language and to
then read as follows:
DEVELOPMENT - means any man -made change in improved and
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or
storage of equipment or materials.
NEW CONSTRUCTION - means, for the purpose of determining
insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an
initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means
structures for which the "start of construction" commenced
on or after the effective date of a floodplain management
regulation adopted by a community and includes any
subsequent improvements to such structures.
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,
rehabilitation, addition, 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 construction 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 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. 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.
Subsection (c) That Chapter 8., Section 8- 281.(b)(2) be 59 8
amended to provide for modification of the language and to
then read as follows:
(2) Review permit application to determine whether a
proposed building site, including the placement of mobile
homes, will be reasonably safe from flooding.
Subsection (d) That Chapter 8., Section 8- 281.(b)(10)
be amended for purposes of adding additional language and to
then read as follows:
(10) Under the provisions of 44 CFR Chapter 1, Section
65.12, of the National Flood Insurance Program regulations,
a community may approve certain development in Zones A1-30,
AE, AH, on the community's FIRM which increases the water
surface elevation of the base flood by more than one foot,
provided that the community first applies for a conditional
FIRM revision through FEMA.
Subsection (e) That Chapter 8., Section 8- 282.(a) be
amended to provide for modification of the language and to
then read as follows:
(a) The areas of special flood hazard identified by the
Federal Emergency Management Agency in a scientific and
engineering report entitled "Flood Insurance Study for the
City of Little Rock," dated November 3, 1993 with
accompanying flood insurance rate maps and flood
boundary- floodway maps (FIRM and FBFM) and any revision
thereto are hereby adopted by reference and declared to be a
part of this article.
Subsection (f) That Chapter 8., Section 8- 282.(b) be
amended by deleting it entirely from the language of this
Section.
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Subsection (g) That Chapter 8., Section 8 -283. be rJC�
amended for the purpose of modifying the title and to then
read as follows:
Sec. 8 -283. Building permit
Subsection (h) That Chapter 8., Section 8- 283.(a) be
amended for the purpose of modifying the language and to
then read as follows:
(a) A building permit shall be required to ensure
conformance with the provisions of this article.
Subsection (i) That Chapter 8., Section 8- 283.(b) be
amended for the purpose of modifying the language and to
then read as follows:
(b) Application for a building permit shall be presented to
the floodplain administrator on forms furnished by him and
may include, but not be limited to, plans in duplicate drawn
to scale showing location, dimensions, and elevation of
proposed landscape alterations, existing and proposed
structures, including the placement of manufactured homes,
and the location of the foregoing in relation to areas of
special flood hazard. Additionally, the following
information is required:
(1) Elevation (in relation to mean sea level), of the
lowest floor (including basement) of all new and
substantially improved structures.
(2) Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed.
(3) A certificate from a registered professional engineer
or architect that the nonresidential floodproofed
structure shall meet the floodproofing criteria of
section 8 -302, paragraph (2).
(4) Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a
result of proposed development.
(5) Maintain a record of all such information in accordance
with this article.
Subsection (j) That Chapter 8., Section 8- 284.(a) be
amended for the purpose of modifying the language and to
then read as follows:
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(a) The Board of Zoning Adjustment shall hear and render 6 00
judgement on requests for variance from the requirements of
this article.
Subsection (k) That Chapter 8., Section 8- 284.(b) be
amended for the purpose of modifying the language and to
then read as follows:
(b) The Board of Zoning Adjustment shall hear and render
judgement on an appeal only when it is alleged there is an
error in any requirement, decision or determination made by
the floodplain administrator in the enforcement or
administration of this article.
Subsection (k) That Chapter 8., Section 8- 284.(c) be
amended for the purpose of modifying the language and to
then read as follows:
(c) Any person or persons aggrieved by the decision of the
Board of Zoning Adjustment may appeal such decision in the
courts of competent jurisdiction.
Subsection (1) That Chapter 8., Section 8- 284.(g) be
amended for the purpose of modifying the language and to
then read as follows:
(g) Upon consideration of the factors noted above and the
intent of this article, the Board of Zoning Adjustment may
attach such conditions to the granting of variances as it
deems necessary to further the purpose and objectives of
this article.
Subsection (m) That Chapter 8., Section 8- 284.(m) be
added to provide additional language and to then read as
follows:
(m) Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the
structures' continued designation as a historic structure
and the variance is the minimum necessary to preserve the
historic character and design of the structure.
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Subsection (n) That Chapter 8., Section 8- 301.(c) be F1�
amended for the purpose of modifying the language and to
then read as follows:
(2) All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood
damage;
Subsection (o) That Chapter 8., Section 8 -302. be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
Sec. 8 -302. Areas where base flood elevation data known.
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in this
article the following provisions are required:
(1) Residential construction. New construction and
substantial improvement of any residential structure
shall have the lowest floor (including basement)
elevated to 1.0 feet or greater above the base flood
elevation. A registered land surveyor shall submit a
certification to the floodplain administrator that the
standard of this paragraph is satisfied.
(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 to 1.0 feet
or greater above the base flood elevation or, together
with attendant utility and sanitary facilities, be
designed so that below the base flood elevation the
structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capacity of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall
develop and /or review structural design,
specifications, and plans for the construction, and
shall certify that the design and methods of
construction are in accordance with acceptable
standards of practice outlined in this subsection. A
record of such certification which includes the special
elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the
floodplain administrator.
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(3) Enclosures. New construction and substantial 6 02
improvements, with fully enclosed areas below the
lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other
than a basement and which are subject to flooding 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 meet or exceed
the following minimum criteria:
a. A minimum of two (2) openings having a total net
area of not less than one (1) 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 (1) foot above grade.
c. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
(4) Manufactured homes.
a. All manufactured homes within Zone A on a community's
FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes
of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not
limited to, use of over - the -top or frame ties to ground
anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind
forces.
b. All manufactured homes placed or substantially improved
within Zones Al -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 a
result of a flood, shall be elevated on a permanent
foundation such that the lowest floor of the manufactured
home is at 1.0 feet or greater above the base flood
elevation; and to be securely anchored to an adequately
anchored foundation system in accordance with provisions
of this paragraph.
c. All manufactured homes to be placed or substantially
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improved on sites in an existing manufactured home park
or subdivision with Zones Al -30, AH and AE on the
community's FIRM that are not subject to the provisions
of paragraphs (4) a. or (4) b. of this subsection shall
be elevated so that either:
(i) the lowest floor elevation of the manufactured home
is 1.0 feet or greater 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 anchored foundation system to resist
flotation, collapse, and lateral movement.
(5) Recreational vehicles. Recreational vehicles placed on
sites within Zones Al -30, AH, or AE on the community's FIRM
shall either:(i) be on the site for fewer than 180
consecutive days; or (ii) be fully licensed and ready for
highway use; or, (iii) meet the permit requirements of
Section 8- 283(b), and the elevation and anchoring
requirements for "manufactured homes" in paragraph (4) of
this section. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached tc
the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
Subsection (p) That Chapter 8., Section 8- 304.(1) be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(1) All new construction
residential structures h
basement) elevated above
1.0 feet higher than the
the FIRM (at least three
specified).
and substantial improvements of
ive the lowest floor (including
the highest adjacent grade at least
depth number specified in feet on
feet if no depth number is
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Subsection (q) That Chapter 8., Section 8- 304.(2) be 60 4
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(2) All new construction and substantial improvements of
nonresidential structures shall:
a. Have the lowest floor (including basement) elevated
above the highest adjacent grade at least 1.0 feet
higher than the depth number specified on the
community's FIRM (at least two (2) feet if no depth
number is specified); or
b. Together with attendant utility and sanitary facilities
be designed so that below the base flood elevation the
structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of
buoyancy.
Subsection (r) That Chapter 8., section 8- 305.(2) be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(2) If subsection (1) of this paragraph is satisfied, all
new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of
Division 3 of this Article.
Subsection (s) That Chapter 8., Section 8- 305.(3) be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12
of the National Flood Insurance Regulations, a community may
permit encroachments within the adopted regulatory floodway
that would result in an increase in base flood elevations,
provided that the community first applies for a conditional
FIRM and floodway revision through FEMA.
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SECTION 2. That Chapter 36. of the Code of Ordinancea be 6
amended as follows:
Subsection (a) That Chapter 36., Section 36- 341(b) be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(b) Creation of district; official maps established. The
floodplain areas within the jurisdiction of the city are
hereby defined as those identified by the Federal Emergency
Management Agency in a scientific and engineering report
entitled "The Flood Insurance Study for the City of Little
Rock," dated November 3, 1993 with accompanying flood
insurance rate maps and flood boundary - floodway maps (FIRM
and FBFM) and any revision thereto are hereby adopted by
reference and declared to be a part of this article.
Subsection (b) That Chapter 36., Section 36- 341(e) be
amended for the purpose of modifying the language and adding
additional language and to then read as follows:
(e) Permitted uses.
(1) Within the floodplain (one - hundred year flood
elevation) there exists an area of the channel or stream bed
called the floodway and so designated on the community's
flood boundary - floodway maps (FBFM). No building or
structure shall be allowed within the floodway.
SECTION 3. The Little Rock Board of Directors hereby finds
and declares that in order to protect the health, safety and
welfare of the citizens of this City, an emergency is hereby
declared to exist and this ordinance shall be in effect
immediately upon its passage.
PASSED: October 5, 1993
ATTEST:
lid
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APPROVED:
Ma Jim Dailey