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ORDINANCE NO. 18,552
AN ORDINANCE AMENDING AND RECODIFYING
CHAPTER 8 OF THE LITTLE ROCK ARK. REV. CODE
(1988) CONCERNING PLUMBING CODE REQIREMENTS,
AND FOR OTHER PURPOSES.
WHEREAS, the Building Codes staff has met on numerous occasions to review and
discuss the current provisions of the plumbing as they relate to new and existing conditions in
structures and other related plumbing installations, and
WHEREAS, the Building Codes staff has developed the following set of amendments to
the Plumbing Code which are recommended for adoption by the Little Rock Board of Directors
in order to strengthen and clarify standards of code compliance for all plumbing installations in
the City, and
WHEREAS, such amendments are appropriate and necessary for the health, safety and
welfare of our citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. — Division 1. LRC (1988) is hereby amended by deleting only the phrase
Article VI. Plumbing and Gas and the following language substituted therefore: Article VI.
Plumbing, Natural Gas.
LRC Section 8 -471 shall be deleted in its entirety and the following language shall be
substituted therefore:
PLUMBING, NATURAL GAS
DIVISION 1. GENERALLY
Section 8 -471. Short Title
A. This article may be cited as the "plumbing code ".
B. Definitions
1. Administrative Authority — The individual inspector, board, department
or agency established and authorized by the City of Little Rock Board of
Directors to administer and enforce the provisions of the plumbing and
natural gas code as adopted or amended.
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2. Department — shall mean the Department of Neighborhoods and
Planning.
3. Inspector — The term plumbing and gas inspector's supervisor, plumbing
and gas inspector, for enforcement purposes of this Code shall have the
same meaning as that of the City Manager or hisJher duly authorized
representatives.
4. Jurisdiction — Shall mean all buildings and structures to include
underground services new or old and any part there -of, private or public,
rural or urban that is or will be after completion, connected to the Little
Rock Water Works system.
5. Plumbing — Includes all piping, fixtures, appliances and appurtenances in
connection with the water supply and the drains, waste and venting system
within the building perimeter and the underground water service line from
building to the water meter, the underground sewer service line from
building to the wastewater utility connection. (Jurisdiction of Little Rock
Wastewater Utility) All natural gas piping beginning at the outlet side of
the meter up to and within the building perimeter, all appliances utilizing
natural gas and their connection to the gas house piping including the
venting, air distribution system and the combustion air source to the
appliance.
6. Alterations — The alteration of any such systems except minor repairs to
faucets, valves, piping, appliances and removal of stoppages from the
drain, waste and vent system.
7. Minor Repairs — The term minor repairs shall be limited to removing
stoppages from the drain, waste and vent system including the sewer
service. Repairing leaks in the water piping, drains waste and vent system
by placing a temporary clamping device on the pipe to stop or retard the
leak pending permanent repair or replacement. Rewashering of faucets
and valves, lubricating and/or replacing O rings of same.
8. Roughing -in — Is the installation of all parts of the plumbing, gas piping,
system which can be completed prior to the installation of fixtures and
appliances. This includes drainage, water supply, vent piping, gas
housepiping, air distribution ducts, and the necessary supports and anchors
for same.
9. Unlawful — The term unlawful as used in this Codes shall mean unlawful
insofar as the City has jurisdiction within it's police powers.
LRC Section 8 -472 shall be deleted in its entirety and the following language shall be
substituted therefore:
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Section 8 -472. Penalty
Any person, firm or corporation who engages in or follows the business or occupation of,
or advertise or holds himself or itself out as or acts as a plumbing, gas fitter contractor
without first having obtained the required licenses and permits or who otherwise violates
any provisions of this Code shall be punished as provided in Section 1 -9, Penalty Section.
LRC Section 8 -473 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -473. Civil Liability
This article shall not be construed to relieve from or lessen the responsibilities of any
person owning, operating or installing plumbing and gas pipes, appliances, apparatus,
construction or equipment for the damage to property or person injured by any defect
therein. The City or any agent thereof shall not be deemed to assume any such liability
by reason of the inspection authorized herein of the certificate of inspection issued by the
Plumbing Inspection Supervisor.
LRC Section 8 -474 shall be deleted in its entirety and the following paragraphs and
language shall be substituted therefore:
Section 8 -474. State Codes Adopted
A. The 1999 Edition of the Arkansas State Plumbing Code is adopted by reference.
In the event of a conflict between such publication and the provisions of this
article, the provision of this article shall take preference.
B. The 1995 Edition of the Arkansas State Gas Code (AKA Standard Gas Code) is
adopted by reference. In the event of a conflict between such publication and the
provisions of this article, the provision of this article shall take preference.
SECTION 2 — DIVISION 2. ADMINISTRATION .& ENFORCEMENT
Part A — General Provisions
LRC Section 8 -475 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -475. Supervision and Authority of Department
The Neighborhoods and Planning Department of the City of Little Rock under the
supervision and direction of the City Manager shall be responsible for carrying out the
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provisions of this Code. The Department shall act in an advisory capacity to the Board of
Directors in the preparation of Ordinances pertaining to this Code. The formulation of
rules and regulations pertaining to enforcement of the Ordinances shall be made by the
Department with approval of the City Manager.
LRC Section 8 -476 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -476. Liability of the Plumbing, Gas Inspectors
Where action is taken by the Plumbing and Gas Inspector to enforce the provision of this
Code, such action shall be in the name of and on behalf of the City of Little Rock and the
inspectors in so acting for the City shall not render themselves personally liable for any
damage which may occur to persons or property as a result of an action committed in
good faith in the discharge of their duties and any suits brought against any inspt-ctor by
reason thereof shall be defended by the City Attorney until termination of the
proceedings contained therein.
LRC Section 8 -477 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -477. Limitations of the Plumbing, Gas Inspectors
The Plumbing, Gas Inspectors shall not be interested in any business engaged in
plumbing, and gas piping systems or the sale of same or any part thereof either directly or
indirectly.
LRC Section 8 -478 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -478. Duties of the Plumbing, Gas Inspectors
It shall be the duty of the Plumbing, Gas Inspectors to inspect all plumbing, natural gas
piping systems for compliance with this Code and all other Codes having jurisdiction in
all buildings, old or new to include underground service lines, private or public, rural or
urban, where such buildings an underground service lines are located within the
inspection limits of the City of Little Rock Arkansas.
LRC Section 8 -479 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -479. Inspector's Right of Entry
Should the inspectors be denied entry to any building that they have reason to believe/ an
unsafe or hazardous situation may exist, the inspector shall have the authority to call
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upon the Little Rock Police Department for aid and assistance in securing warrants for
the right to enter and inspect such buildings.
LRC Section 8 -480 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -480. Disconnection of Utilities by City
The administrative authority may cause the turning off of all water and gas utilities or
discontinuance of sewer services which are deemed by same to be in an unsafe condition
or which have not been installed in conformity with the provisions of this article. No
persons shall supply or cause to be supplied any Public water, gas or sewer utility which
has been deemed by the administrative authority to be in an unsafe condition or which
has not been installed in conformity with the provisions of this article and from which the
administrative authority has caused the Public Utility to be turned off.
LRC Section 8 -481 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -481. Final Clearance before Furnishing Utility Service
It shall be unlawful for any person to furnish natural gas or water to any new building,
tent, structure or outdoor piping of any kind, nature or description without first obtaining
a clearance from the administrative authority stating that such plumbing is approved and
a permit has been issued where necessary.
Section 8 -482 to 8 -500. Reserved
SECTION 3. The following phrase is hereby deleted "Division 2 Plumbing" and the
following language shall be substituted therefore: "Division 3 — Licenses, Permits and
Fees:
Division 3 — Licenses, Permits and Fees
LRC Section 8 -501 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -501. Licensing of Contractors, Plumbers, Gas Fitters
No person, firm or corporation shall install any part of the plumbing, gas piping system
where such systems are located in the inspection limits of the City of Little Rock,
Arkansas unless at all times a currently licensed Master Plumber, HVACR/Mechanical
Gas Fitter, and/or a Supervising Gas Fitter, that resides in the State of Arkansas of whom
shall be responsible for proper installation, etc. and shall not *serve as Master Plumber,
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HVACR/Mechanical Gas Fitter and/or Supervising Gas Fitter for any other person, firm
or corporation while serving as such for said company.
LRC Section 8 -502 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -502. State License Requirements
All master plumbers, journeyman plumbers, apprentice plumbers, supervising gas fitters,
gas fitters, gas fitters trainees, shall be licensed by the State of Arkansas as same before
repairing, replacing, altering or installing any part of the plumbing, and natural gas piping
systems where such systems are located within the jurisdiction of the City of Little Rock,
Arkansas.
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LRC Section 8 -503 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -503. Gas Fitters Limitations
All categories of gas fitters are limited to gas plumbing.
LRC Section 8 -504 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -504. License Holders
Each holder of a master plumber, journeyman plumber, apprentice plumber, supervising
gas fitter, gas fitter, and gas fitter trainee's license shall carry evidence of proper
registration on their person at all times while engaged in such work and shall produce and
exhibit same when requested by an inspector or officer of this City.
LRC Section 8 -505 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -505. Licenses Fees
In addition to individuals being licensed to prove their competency, each person, firm or
corporation engaged in the contracting for or the installation of the plumbing, gas piping
systems, equipment or appurtenances shall pay to the City Collector's office a privilege
license fee set by the City of Little Rock Board of Directors.
LRC Section 8 -506 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -506. State Contractor's Licensing Board
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On any project where the cost of work is $20,000 or more, with the exception of a single
family residence, an Arkansas State Contractor's License is required by same, located at
621 East Capitol Avenue, Little Rock, AR 72202.
LRC Section 8 -507 shall be deleted in its entirety and the following language, shall be
substituted therefore:
Section 8 -507. Vehicle Signs
All vehicles used by plumbing, and gas fitter contractors and their employees for said
business purposes shall have the company name and master plumber, and/or supervising
gas fitter's license number stenciled, painted or suitable attached on each side of the
vehicle in water proof letters and number of at least two (2) inches in size.
LRC Section 8 -508 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -508, Job Signs
Each location where a plumbing, and /or gas piping permit is required a job sign shall be
attached to, or placed on the building premises in a place which can be seen from the
street, with the contractor's company name and the State license number of the
responsible master plumber, gas fitter and/or supervising gas fitter in water proof letters
and numbers of not less than two (2) inches in size.
SECTION 4.
LRC Section 8 -509 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -509. Permits
A. It shall be unlawful for a person or persons to install plumbing work, and/or gas
piping to include underground services in all buildings new or existing or to make
any changes on the existing plumbing, and/or gas piping system in all buildings
private or public, rural or urban, where such buildings and/or underground
services are located within the inspection limits of the City of Little Rock,
Arkansas, without first obtaining a permit for same from the City of Little Rock.
B. The following information shall be furnished upon an application for a permit:
1. The address at which the work is to be performed and the phone number.
2. Company name, business address and phone number.
3. State License number of the appropriate master plumber, gas fitter and/or
supervising gas fitter that is responsible for the plumbing or gas
installation.
4. Copy of current City Privilege License.
5. Copy of a current $10,000 bond made out to the City of Little Rock. As
per Ordinance no 17,777.
C. Exception — No permit shall be required for the following:
1. rodding waste and sewer lines for the purpose of removing stoppages
2. repairing waste and sewer lines by placing a temporary- clamping device
on the pipe to stop or retard the leaking pending permanent repair or
replacement
3. replacing a fixture trap, fixture water supply lines
4. replacing a clothes washer (AWM) where no rough -in is required
5. the connection to the gas house piping of domestic ranges and ovens,
portable heating stoves, space heaters, domestic clothes dryers, gas lights
and gas grills where a gas cutoff valve is existing and it is not necessary to
alter the gas house piping in any manner to receive the appliance
connection as mentioned above
D. Should it become necessary to extend, shorten, relocate or alter any part of the
plumbing, gas piping system to receive a plumbing fixture, gas appliance, a
permit shall be required.
E. All permits required for the installation of the plumbing, natural gas piping
covered by the provisions of this code and other codes having jurisdiction shall be
obtained by the Master Plumber, Supervising Gas Fitter, and/or their authorized
representative prior to the beginning of such work.
F. Requesting Inspections — Only the permit holder or their authorized agent are
permitted to request inspections.
LRC Section 8 -510 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -510. Homeowner Permits
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A. Qualifications of the Homeowner — A qualified homeowner may obtain
homeowner's permit to install, repair or replace any part of the plumbing, gas
piping system in his/her private home. The homeowner's permit is limited to a
one family residence that he or she owns and resides in or will reside in when
classified as ready for occupancy. Permits shall be issued in accordance with the
following rules and regulations.
Homeowners may obtain a homeowner's permit to install, repair, or
replace plumbing, and/or the gas piping system. The homeowner shall be
physically able to perform all installations by him or herself other than
labor used to dig, cover or carry materials and equipment for the permitted
work and must have the knowledge to meet all applicable code
requirements.
2. The homeowner in person shall make application to obtain the
homeowner's permit. Agents or representative will not be accepted.
3, The homeowner must show to the Permit Office Representative, which
includes, but is not limited to proof of ownership of said proper
identification (deed, buyer's contract and driver's license).
4. The homeowner shall be responsible for the securing of all required
inspections at the appropriate point of progress during the job and at the
conclusion of the job and for compliance with all rules and regulations of
the City of Little Rock's Plumbing Code and all other codes having
jurisdiction pertaining to the plumbing, gas piping system.
5. The homeowner's permit is limited to one single family residence that he
or she owns and reside in or will reside in when classified as ready for
occupancy.
6. Homeowners that have permitted job items turned down twice on
requested inspections shall be required to obtain a licensed contractor per
Section 8 -501 to complete the job to meet code.
7. Homeowners are prohibited from obtaining permits and performing work
on rental or commercial property.
LRC Section 8 -511 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -511. Permit and Inspection Fees
A. Plumbing permit and inspection fees are as follows:
New construction:
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One and two family dwellings,
per square foot under roof . ... . .. . . . . . . . . $ .05 /sq. ft.
underroof
All other occupancies, as set forth
in the unit cost schedules in
Paragraph 3. of this subsection.
2. Repair or alterations or additions to existing construction, as set forth in
the unit cost schedules in paragraph 3. of this subsection.
3. Unit Costs:
Each plumbing fixture outlet or appliance . . . . . . . . . . . . . .$ 4.00
This shall include each water closet, urinal, bidet, sink, lavatory,
basin, laundry sink, wash tray, dishwasher, garbage disposal,
icemaker, beer or soda fountain, bathtub, hot tub, shower, sauna,
drinking fountain, wet bar, washing machine, hose cabinet or hose
rack, fire pump, sewer ejector, cooling tower, sill cock, dental unit,
hub drain, floor, area or roof drain, sand trap, grease trap, sump
pump, or any other plumbing element commonly known as a
plumbing fixture.
Water service . .... . . . . .... . . . . . .
.. . . . . . .. $25.00
Lawn sprinkler service . . . . . .... . . .. .
...... . . . 25.00
Water house piping . . . . . . . ... . . . . ..
. . . . . ... . 12.00
Swimming and wading pool . . .... .... .
.. . . . .. . . 12.00
Renewal of soil, waste or vent lines
(each branch or stack) ...................
5.00
Gas service (up to 5 meter openings) ...............
15.00
Gas house piping (up to 5 openings) .. . . . ..
. . . .. . . . 15.00
Each additional opening ......................
3.00
Each gas -fired appliance . .. . ..... . ... .
.. .. . ... 13.00
Domestic gas -fired appliance ranges,
clothes dryer ...................
3.00
Renewal of gas -fired appliance vent .. .....
.. .... .. 5.00
Central heating furnace or broiler ... . . . ..
. . . .. . .. 12.00
Direct -fired makeup heater . . .... .......
.. . ... 12.00
Conversion ............................
12.00
Inspections (each) . . . . ... .... . ....
.. . .. ... 15.00
Reinspections (each) .... . ...........
.. . . .. . 25.00
as per conditions of I.J.
Investigative inspection (each) ...... . ....
.. ... 30.00
as per conditions of 11
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B. Work located out of the city limits shall be charged a surcharge of fifty (50)
percent of the total permit charge.
C. Permit fees are as established by ordinance. On installations where several
persons are concerned with the installation of plumbing pipes or appliances, each
party shall be required to pay the fees as established for work. When a project
consists of more than one (1) structure, each separate structure shall have a
separate plumbing permit. For purposes of determining whether separate permits
are needed, buildings not having a common attic space, connected only by a
canopy walkway or similar connections shall be deemed to be a separate building.
D. Work with no permit: The penalty for failure to obtain a permit for work as called
for in this Code shall be as described in the penalty section of this Code, and in
addition to any such fine or imprisonment as may be imposed pursuant to said
penalty section, the violator shall pay a fee equal to three (3) times the permit fee
which shall have been paid for work done in violation hereof. (Ordinance No.
15,391, § 1 (111), 12 -9 -87; Ordinance No. 15, 777, § 1 (III), 11 -1 -89)
Section 8 -512 to 8 -530. Reserved
SECTION 5. The following phrase is hereby deleted between Section 8 -530 and Section
8 -531 "Division 4. Technical Standards ".
Division 4. Technical Standards
LRC Section 8 -531 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -531. Workmanship
All plumbing work of any kind shall satisfactorily fulfill the purpose for which it is
installed, and all work shall be executed in a neat and workmanlike manner. Work not in
keeping with good plumbing practice shall be classified as defective and shall be
immediately corrected by persons causing the same.
LRC Section 8 -532 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -532. Approval of Materials and Methods
The city reserves the right to approve or disapprove any material approved by the state or
approve or disapprove any methods not specifically covered by the provisions of this
article.
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LRC Section 8 -533 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -533. Materials and Apparatus, Generally
All materials, devices, equipment and any all items necessary for the installation of
plumbing systems shall bear the label of the independent testing laboratories specifically
approved by the authority enforcing this article and/or be approved by the plumbing
inspector. No plumbing apparatus or materials shall be used or placed on sale when the
plumbing inspector shall consider it a fire hazard or hazardous to life and property.
LRC Section 8 -534 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -534. Swimming Pools, etc., Drainage
The water from Scudder drains and all swimming and wading pools shall be connected to
the sanitary sewer as prescribed in the Arkansas State Plumbing Code.
LRC Section 8 -535 shall be deleted in its entirety and the following language shall be
substituted therefore:
Section 8 -535. Technical Updates
A. Water Heaters. Gas appliances shall not be installed in any location where
flammable vapors are likely to be present, unless the design, operation and installation
are such to eliminate the probable ignition of the flammable vapors. Gas appliances
installed where flammable vapors are likely shall be installed so that all burners and
burner ignition devices are located not less than 18 inches above the floor.
B. Gas Meters. Gas meters shall be located at least 3 feet from any source of
ignition.
Section 8 -536 to 8 -565. Reserved
SECTION 6. These changes are recommended in order to properly permit and inspect
plumbing installations, which are essential to the public health, safety and welfare of our
citizens.
SECTION 7. The provisions of all technical codes, ordinances and code of ordinances
in conflict with the provisions of this ordinance are hereby repealed.
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PASSED:
September 4, 2001
ATTEST: APPROVED:
gLvm
NA Y WO JIM ILEY
CITY CLE AK MA "R
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
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FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Arkansas has in (statutes) 21 -1902 delegated the responsibility of
local governmental units to adopt regulations designed to minimize flood losses. Therefore, the
Board of Directors of Little Rock, Arkansas, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Little Rock are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and relief, all
of which adversely affect the public health, safety and general welfare.
(2) These flood loses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the occupancy of
flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
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(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood -prone areas in such a manner as to minimize future flood blight areas; and
(7) Insurer that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times
of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
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ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
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 path.
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;
AREA OF SHALLOW FLOODING - means a designated A0, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual
chance of flooding to an average depth of one to three feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by pending or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has
been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones
A, AE, AH, AO, Al, 99, VO, VI -30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in
any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground level) on
all sides.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT - means any man-made change in improved and unimproved real estate,
including but not limited to buildings, other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - means a non - basement building (i) built, in the case of a building in
Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in
the case of a building in Zones V1 -30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
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columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones AI -30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
In the case of zones Al -30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed by means
of breakaway walls if the breakaway walls met the standards of Section 60.3 (e) (5) of the
National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for
which the "start of construction' commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMS effective before that date. "Existing construction' may also be
referred to as "existing structures."
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 manufactured homes are to be affixed (including, at a minimum, the installation of utilites,
the construction of streets, and either final site grading or the pour of concrete pads) is completed
before the effective date of the flood lain management regulations adopted by a community.
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).
FLOOD OR FLOODING - means a general and temporary condition of partial or complete
inundation of normally dry land areas from;
(1) the overflow of inland or tidal waters.
(4) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the Flood Boundary - Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
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FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and
preventative 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 ordinances 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 PROTECTION SYSTEM - means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed specifically to
modify flooding in order to reduce the extent of the areas within a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING — means any combination of structural and non - structural 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.
FLOODWAY (REGULATORY 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 a designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The tern includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long -term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of 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 the Interior as contributing
to the historical 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 Interior; or
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(d) Individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified 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.
LEVEE- means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert the flow
of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking or 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 requirement of Section 60.3 of the National Flood Insurance
Program regulations.
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. The term "manufactured home" does not include a
"recreational vehicle ".
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.
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.
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.
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
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manufactured homes are to be affixed (including as a minimum, the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
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) designed 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 recreations, camping, travel, or
seasonal use.
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 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 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 the
alteration affects the external dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home.
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.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement. This includes structures
which have incurred "substantial damage ", regardless of the actual repair work performed. The
tern does not, however, include either: (1) Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary
conditions or (2) Any alteration of a "historic structure ", provided that the alternation will not
preclude the structure's continued designation as a "historic structure."
VARIANCE- is a grant of relief to a person from the requirement of this ordinance when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
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development in a manner otherwise prohibited by this ordinance. (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
VIOLATION- means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in section
60.3 (b) (5), (c) (4), (c) (10), (d) (3), (e) (2), (e) (4), or (e) (5) is presumed to be in violation until
such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Little Rock,
Arkansas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas "of special flood hazard 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 October 19, 2001, with accompanying Flood Insurance Rate Maps and Flood
Boundary - Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by
reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this
ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terns of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, 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.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
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The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or natural causes.
This ordinance 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 ordinance shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
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ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Department of Public Works is hereby appointed the Floodplain Administrator to administer
and implement the provisions of this ordinance and other appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
(2) Review permit application to determine whether proposed building site, including
the placement of manufactured homes will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental agencies (including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from
which prior approval is required.
(5) Where interpretation is needed as to the 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 Floodplain Administrator shall make the
necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is Arkansas Division of Soil and Water, prior to any alteration or relocation of a
watercourse, an submit evidence of such notification to the Federal Emergency Management
Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article
3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base
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flood elevation data and floodway data available from a Federal, State or other source, in order to
administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated the Floodplain
Administrator must require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones Al -30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the community.
(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 Al -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.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the 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:
a. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of 0 new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
C. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B
(2);
d. Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Article 4,
Section (B) (1).
(2) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
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b. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
C.
others;
d.
development;
e.
emergency vehicles;
The danger that materials may be swept onto other lands to the injury of
The compatibility of the proposed use with existing and anticipated
The safety of access to the property in times of flood for ordinary and
f. The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
g. 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;
h. The necessity to the facility of a waterfront; location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that
area.
SECTION D. VARIANCE PROCEDURES
(1) The appeal Board as established by the community shall hear and render
judgment on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment; 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 ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal
such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon request.
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(5) 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 the remainder of this ordinance.
(6) Variances may be issued 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 the relevant factors in Section C (2)
of this Article have been fully considered. As the lot size increases beyond the one -half acre, the
technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance (Article 1, Section Q.
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon, (i) showing a good and sufficient
cause; (ii) a determination that failure to grant the variance would result in exceptional hardship
to the applicant, and (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, or conflict with existing local laws or
ordinances.
C. Any application to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the 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.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article 4, Section D (1) - (9) are met, and (ii) the
structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements.
(1) All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into flood
waters; and,
(7) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in (i) Article 3, section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), 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 or above the
base flood elevation. A registered professional engineer, architect, or land surveyor shall submit
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a certification to the Floodplain Administrator that the standard of this subsection as proposed in
Article 4, Section C (1) a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or together with attendant utility
and sanitary facilities, be designed so that below the base flood level 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 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 accepted standards of practice as outlined in this subsection.
A record of such certification which includes the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(3) Enclosures- new construction and substantial 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 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, valves, or other
coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed 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. Require that manufactured homes that are placed on 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, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood elevation and be securely
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anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
C. Require that manufactured homes be placed or substantially 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 paragraph (4) of this section be
elevated so that either:
(i) the lowest floor of the manufactured home is at or 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 - Require that recreational vehicles placed on sites within
Zones AI -30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180
consecutive days, (ii) be full licensed and read for highway use, or (iii) meet the permit
requirements of Article 4, Section C (1), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for
highway us if it is 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.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be consistent with Article 1, Sections B, C, and D of tl l is ordinance.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit requirements of
Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and subdivisions
which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
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SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO /AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with base
flood depts. Of 1 to 3 feet where a clearly defined channel does not exist and where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures have
the lowest floor (including basement) elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's FIRM (at least two feet if no depth
number is specified) .
(2) All new construction and substantial improvements of non - residential structures;
(i) have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary facilities be
designed so that below the base flood level 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.
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C
(1) a., are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 3, Section 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 shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base flood discharge.
E.
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(2) If Article 5, Section E (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article 5.
(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. ALL ORDINANCES IN CONFLICT HEREWITH SHALL BE
REPEALED AS OF THE EFFECTIVE DATE OF THIS ORDINANCE.
SECTION 3. THEREFORE, AN EMERGENCY IS HEREBY DECLARED TO
EXIST, AND THIS ORDINANCE, BEING NECESSARY FOR THE IMMEDIATE
PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY, SHALL BE IN
FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL.
PASSED: September 4, 2001
ATTEST:
City Clerk Nancy Wood
APPROVED: �--
t or Jim Dailey
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