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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. 1 ar8 7-1 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. 5SO5 v • • Fm 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. 3 597 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. 5 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: 0 (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. 7 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. 91 (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 603 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 10 M 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. 11 e 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 12 APPROVED: Ma Jim Dailey