HomeMy WebLinkAboutOrdinance 84.07 Adopting a flood plain management ordinance TOWN OF MARANA
ORDINANCE NO. 84. 07
ORDINANCE ADOPTING A FLOOD PLAIN MANAGEMENT ORDINANCE FOR THE TOWN OF MARANA
WHEREAS, the Town of Marana has determined that it is necessary under
State and Federal Law to have a specific Flood Plain Management Ordinance in
addition to the provisions contained in the Town Development Code, and
WHEREAS, the Town Council of the Town of Marana, on July 9, 1984 adopted
such a Flood Plain Management Ordinance for the Town of Marana.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA that the
Flood Plain Management Ordinance for the Town of Marana, as approved by the Marana
Town Council on July 9, 1984, be and the same is hereby adopted by this Ordinance
as the Town's Flood Plain Management.
WHEREAS, the immediate operation of this Ordinance is necessary ~or the
efficient administration and operation of the Town and its development, an
emergency is hereby declared to exist, and this Ordinance shall be in full force
and effect from and after this passage, adoption and approval by the Town Council
of Marana.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA
this 9th day of July 1984.
ATTEST:
Town Clerk
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
STATUTORY AUTHORIZATION
The Legislature of the State of Arizona has in
A.R.S. § 45-2350 enabled the Town to adopt
regulations in conformance with ARS ~ 45-2349
designed to promote the public health, safety, and
general welfare of ira citizenry. Therefore, the
Town Council of Marana Arizona, does ordain as
follows:
(?)
It is the purpose.of this Ordinance to pronote the
public health, safety, and general yellers, and to
minimize public and private losses due to flocM
conditions'in specific areis by provisions designedt
(1) To protect hunan life and health;
To minimize expenditure of public money for
costly flood control projecter
(3) To mintmite the need for rescue end relief
efforts associated vith flooding and generally
undertaken ~t the expense of the general
public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and
utilities such as rarer and gas mains,
electric, telephone and sever lines, streets
and bridges located in areas of ipeciel flood
To help maintain a stable tax b~ne by providing
for the seeend use and development of areas of
spmci)l flood hazard no as to minimize future
~lood blight areaif
To insure.that potential buyers are notified
that property :in in an area o~ special flood
hazard;
9-2 5/8 4
FOR ~OffA
(9)
relief. ·
~ OF R~)OCIl~G FLOOD LOGSF~
In order to accomplish its purposes,
includes methods and provisions
¢7)
7o insure that those who occupy the areas o!
special £1oo~ hazard assume 'responsibility for
their actions! and
7o maintain eligibility for State disaster
this ordinance
Restricting or prohibiting uses vhich are
dangerous to health, safety, and property due
to water or erosion hazards, or which result in
~amaging increases in erosion or in flood
heights or velocitl~sl
Requiring that uses vulnerable to floods,
including.facilities which serve such uses, be
protected against ~1ood damage at the time
initial construct/on!
Controlling the alteration of natural
plains, stream channels, and natural protective
barriers, which help accom~c~ate or channel
flood watera~
(4) ~ontrol~lng filling, grading, dredging, and
other deve].opment which may increase flood
damage~ and,
(S) Preventing or regulating the construction
flood bar:ierl which will unnaturally divert
flood waters'or which. l~y increase flood
hazards in other areas. -' '
9-3 5/84
~ODEL ORDINANC~ FOR ARIZONA CI?I~ AND ~NN$
!~FTIilTTO~S
Unless specifically defined below, words or phrases used
in this ordinance shall be interpreted so as to give them
the meaning they have.in co~on usage and to give this
ordinance its most reasonable application.
'Appeal' means a request for a review of the Floodplain
Administrator's interpretation of any provision of this
ordinance or a request for a variance.
'Area of shallo~ flooding' means a designated AO or VO
Zone on the Flood Insurance Rate Nap (FIl~). The base
f].ood depths range from one to three feet~ a clearly
defined channel does not exist! the path of flooding is
unpredictable and indeterminate! and, velocity flow may be
evident.
'Area of special flood hazard' means the land in the flood
plain within a community subject to a one percent or
greater'chance of flooding in any given year. ?his area
is designated as Zone A, AO, ~, and A1-30 on the FIR~ and
other areas determined by the criteria adopted by the
Director of Water Resources.
'Base f~ood' means the flood having a one percent chance
of being equalled or exceeded in.any given year.
'Breakaway walls' mean any..t~pe of walls, whether solid or
3attics, and whether constructed of concrete, masonry,
wood, metal, plastic or any other suitable building
material which are not part of the structural'support of
9-4 5/84
~sODEI~ ORDINANC~ FOR ItRIZO~A CI~IES ~ ~S ·
the building and which are so designed as to breakaway,
during the base flood, without damage to the structural
integrity of the building on which they are used or any
structures to which they might be carried by flood waters.
*Developmentm means any man-made change to improved or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located
within the area oE special flood hazard.
*Rxtstinq ~obile ho~e park or ~obile ho~e subdivision*
means a parcel (or contiguous parcels) of.land divided
into tvo or more mobile home lots for rent or sale for
vhich the construction of facilities for servicing'the lot
on which the mobile ho~s is to be affixed (including, at a
minimum, the installation of utilities, either final site
grading or the pouring oE concrete pads, and the
construction of stree~s}~is completed beEore the effective
date of this ordinance..
*Expansion to an existi~l ~obile bo~e park or ~obile ho~e
subdivision* means the preparation of additional sites by
the construction of facilities for servicing the lots on
which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or
pouring of concrete pads, or the.construction of streets}.
wF].oo~* or *floo~lnqw means a general and temporary
condition of partial.or complete Inundation of normally
dc¥ !and areas ~rom:
(I) ~he overflor o~ ~tood va~ers and/o~
of Town of Marana
Ploodplain Board
ordinance.
(2) ?he unusual and rapid accumulation or runoff of
surface waters from any source,
'l~loo~ Boundary ~lo~vay Nap' '~ans the official map on
which the ~ederal lnsu~anc~ Administration has delineated
both the areas of flood hazard and the floodway.
'Floo~ Insurance Rate Map (~l~()' means the official map
on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
'Plood Insurance ~tudy' means the official report provided
by the Podoral Insurance Administration that includes
f7ood proflles~ the ~IRI~, the Flood Boundary Floodway ~ap~
and the water surface elevation of the base
=Ploodplain &d~inistra%or= ~eans the Planning and Zoning Administrator
who is hereby authorized by the
to administer the provisions of this
"~].oodplain Board" means the', .._~ ~own, Council
Of Mararia Arizona at such times as they are engaged
in the enforcement of this ordinance.
"Pl.oorl~aF' means the cha~el o~ a river or other
watercourse and the adjacent land areas that must be
reserved ~n orde~ lb'diScharge the base flood without
cumulatively incr~asl~9 the water surface elevation ~ore
than one (1) ~oOt. ~he floodway for s~e vatercourses Is
delineatefl on the Flo~ ~unflar? ~l~ay ~ap an~ is as
defined by the Directo~ o~ ~ater Resources for othe~
ORDINANCE FOR /~RI~ON& CI?IES ~ ~S
"Habitable .floor" means any floor usable for living
purposes, which includes ~orking, sleeping, eating,
cooking or recreation, or. a combination thereof. A floor
used only for storage purposes is not a "habitable floor."
~obile ho~e" means a structure that is transportable in
one or ~ore sections, built on.& permanent chassis, and
designed to be used with or without .a permanent foundation
when connected to the ,required utilities. It does not
include recreational vehicles or travel trailers, ?he
term includesw but is not limited to, the definition of
"mobile home" as set forth in regulations governing the
~obile Home Safety and Construction Standards Program
(24 C.F.Ro 3282.7(a))..
"New construction" means Structures for which the "start
of construction" commenced on or after the effective date
of this ordinance.
"New mobile home park'or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or
more mobile home.lots for rant or sale for which the
construction,of facilities or servicing the lot (including
at a minimumw the.installation of utilities, either final
site grading or the pouring. of concrete pads~ and the
construction of streets).is completed on or after the
effective date of this ordinance..
"Person" means any individual or his agent~ firm
partnership, association, eorporation~ or agent of. the
aforementioned groups or the St&is or any agency
politfcat subdivision thereof.
5/84
MODE~ ORD][NANCE POR ARIZONA CITIES AND TOWNS
'Regulatory Flood ~levation" means an' elevation one
above the base flood elevation.
'Start of construction" means the first placement or
permanent construction of a structure (other than a mobile
home} on a site, such as the'pouring of slabs or footings
or any work beyond the atage of excavation. Permanent
construction does not include land preparation, such as
clearing, grading, and filling, nor does it include the
installation of streets and/or walkways; not does it
include excavatf.on for a basement, footings, piers or
foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory
buitdings, such as garages or sheds not occupied as
dwelling units or not as part of the main structure. Pot
a structure (other than a mobile home) without a basement
or poured footings, the "start of construction" includes
the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation.
mobile homes not within a mobile. home park or mobile home
subdivision, "start of oonstruction" means the affixing of
the mobile home to its permanent site. For ~oblle homes
within ~obtle home parks or ~obile home subdivisions,
"start of construction".is the date on which the
construction of facitities for servicing the site on which
the mobile home is to be affixed (including, at a minimum,'
'the construction of streets, either final site grading or
the pourtnq of concrete pads, and installation of
utilities) is completed.
5/84
MOD~L ORDINANCE FOR ARIZONA CI?T!~S AND ~3WiqS
'Structure' means a walled and roofed building or mobile
home that is principally above ground.
'Substantial improvement' means any repair,
reconstruction, or improvement of · structure, the cost of
which equals or exceeds'S0 percent of the market values of
the structure either~ · .
¢1) before the improvement or repair is.started, or
(2) if the structure has been damaged and is being
restored, before the damage occured. For the
purposes of this definition "substantial
lmprovement"'is considered to occur when the
first alteration of a wall, ceiling, floor, or
other struct~ural part'of the building
commences, whether or not that alteration
affects the external dimensions of.the
structure.
· he term does not, however, include either~
~(1) any proOect for improvement of a structure to
comply with existing state or local health,
sanitary, or safety COde specifications which
are.solely necessary'to assure safe living
conditions, or ·
(2) any'alteration of a structure listed on the
'National Register of Nistoric Places or a State
Inventory of Historic Placeao.
Varianom means a grant'of relief. from the ~requirements of
this ordinance which permits construction in & manner that
would otherwise be prohibited by this ordinance.
5/84
MODl~t. ORDINANCI~ FOR ARIZONA CITIES AND TO~NS
SECTION 3.0
GENERAL PROVISIONS.
3.1
3.2
3.3
LANI~ TO NEIC!I T!IIB ORDINANCE APPLIES
·his ordinance shall apply to all a~eas of special
~1~ hazards ~ithin the con,rate limits
To~ of ~rana
Federal Insurance ~ministration in a scientific and
en9ineerinq ~e~rt entitled 'The Fi~ Insurance
Study for the To~ of ~rana,, dated Feb. 1
~ikh an. accompanying Fled Insurance Rate ~ap
hereby. adopte~ by reference and ~ecla~ed to be a
part of this ordinance. The Fi~ Insurance Study
is on file at To~ of ~rana . The Fled
Insurance Study is the minimum area of applicability
of this ordinance and may ~ supplemented by studies
for other areas which alloe implementation of this
ordinance and which a~e reco~ended ko the
Fl~dplain Boar~ by the Fl~plain Administrator.
No structure or land shall hereafter be constructed,
l~ated, extended, converted, or altere~ without
full c~pliance with' the terms of'this ordinance an~
other. spplicable requlations.
5/84
3.4
3.5
3.6
HODEL ORDINANt~E I~OR ~RI~ON~ CITIE~q ~
· h~s ordinance is no~ in~ended ~o re~al~ ab~a~e~
or i~pair an~ existing eaae~en~s~ covenan~s~ o~ deed
res~ric~ions. ~o~ever~ ~he~e ~his ordinance an~
ano~he~ or~lnance~ ease~en~ covenan~ o~
~es~ic~ion con~lc~ or ove~ap~ ~hichever lm~ses
~he ~re s~ingen~ restrictions shall prevail.
In ~he in~e~p~e~a~ion an~ application o~
ordinance~ all provisions shall ~
Conside~e~ as minimum requicemen~s~
~i~ral. ly cons~ru~ in favor o~ ~he governing
~emed neithe~ to limit no~ re~a~ an~ othe~
~ers granted un~e~ s~ate statu~es.
· he ~eqree o~ ~1o~ pro~ec~ton requited by this
ordinance is considered reasonable ~or reguta~ory
pur~ses an~ is based on scien~J.~ic and engineering
considerations. L~rger f1~s can and ~ill ~cur on
rare ~casions. ~1~ heights ray ~ increased by
· an-2ade or'natural causes. ~is ordinance does no~
~=plv tha~ lan~ outside the areas o~ s~cial
hazards or uses ~r=i~ted ~ithin such areas ~ill be
~ree fr~ flying or fl~ da=ages. ~is ordinance
sha~l no~ create liability on the ~r~ oE ~he To~o~.~rana
any o~lcer or e=p]oyee thereo~ o= the Federal
Insurance Rd=ints~ra~lon~ for any ~1~ damages
9-11 5/84
3.7
MODEL ORDINANCF. FOR ART~ONA CITIES AND TOWNS
result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
STATUTORY EXEMPTIONS
1.
accordance with ARS Section 45-2349, nothing
this ordinance shall~
Affect existing uses of property or the
right to continuation of the use under
conditions which existed on the effective
date of this ordinance.
Affect repair or alteration of property for
the purposes for which such property was
used on the effective date of this
ordinances providing such repair or
alteration does not exceed 50 percent of
the value of the property prior to the
repair or alteration~ and provided the
repair or alteration does not decrease the
carrying capacity of the watercourse.
A~fect or apply to facilities constructed
or installed pursuant to a certificate of
environmental comparability issued under
the authority of Title 40, chapter 2,
article 6.2.
2. In accordance with ARS Section 45-2353, written
authorization shall not be required, not shall
the Floodplain Board prohibit;
.A. The construction'of'bridges, culverts,
dikes and other structures necessary to the
9-12 5/84
!I~ODEL ORDINANC~ FOR A~tI~CJNA
3~
construction of public highways, roads and
streeta lntsrssoting a watercourse.
B, The construction of storage dams for
c .wa~ginq livestock or vildlife, structures
on banks of.a creek, stream, river, wash,
arroyo, or other watercourse to prevent
erosion of or damage to adjoining land, or
dams for the conservation of flood waters
as permitted by ?itle 45, Chapter 3.
C. Construction of tailing dams and waste
disposal areas for use in connection with
mining and.metallurgical operations. ?his
paragraph does not exempt those sand and
gravel operations which viii divert, retard
or obstruct the flow of waters in any
watercourse.
D. Any flood control district, or other
polLfica! subdivision, from exercising
powers granted to it under ARS ?ltle 45,
Chapter 10.
Before any construction authorized by
Subsection 2 of this Section may begin, the
responsible person must submit plans for the
construction to the Board for review and comment.
These exemptions do not preclude any person from
1/ability if that person's actions increase flood
hazards to any other person or property.
9-13 5/84
3.8
3.9
MODEL ORDINAN(~R !~RARIZONA CITIES AND 'IW~IMS
DRCI~W~ATIO~ OP PUBLIC
Every new structure, building, fill, excavation or
development located or maintained within any.area of
special flood hazard after .s~ly 9., 19~. in violation of
this ordinance is a public nuisance per se.
J~ATI~FOFV~OLATIORS
#ithin 30 da~s oE discovet~ o[ a violation oE this
ordinance, the Fl~pla~n X~n~strator shall su~it a
te~rt to the Floo~plain Board ~hich shall include all
in[or=ation available to khe Fl~plain X~tnistratot
is ~rttnent to said violation. ~ithin 30 da~s o[ receipt
o[ this re~tt, the Flo~plain Board shall either:
~ake an~ necessary action to efffect the abatement
such violation; ot
(2) Issue a variance to this ordinance in accordance ~ith
the provisions o~ Section 6.0 herein; ot
(~) Order the o~ne; oE the ptopert~ u~n ~hich the
violation exists to provide ~ha~evet
inEor=ation may be ~equired for their
6eterminaton. S~ch in~ormation must ~ provided to
the ~1o~plain ~ministratot ~ithin 30 da~s off such
order, and he shall su~[t an amended re~rt to the
Fl~plain Board ~ithin 2~ dayS. ~t their next
te~u~arl~ scheduled public meeting, the
~ard shall either order ~he abatecent o[ said
vio~.ation or they shall qrant a variance in accot~an;
~ith the provisions o[ Section 6.0 herein.
9-14 5/64
3.10
3.11
1. It is unlawful
for any p~rson to divert, retard or
obstruct the flow of waters in any watercourse
whenever it orearas a hazard to life o= property
without securing the written authorization of the
~loodplain Board;
Any person'vioIsting the provisions of this section
shall'be guilty of a olass 2 .isdemeanor.
SEVRR~BILI'I~
?his ordinance and the various parte thereof are hereby
declared to be severable.. Should any section of this
ordinance be'declared by the ~urts to ~ unconstitutional
or invalid, such decision shall not affect the validity of
the ordinance as a whole, or any ~ztion thereof othez than
th~ section so declared to ~ unconstitutional or invalid.
9-15
5/84
14ODEr. ORDINANt~ FOR ~ltI~-ONA CI?I~/~S ~ TOhlqS
S~C~IO~ 4.0
]tI~IN][S~RATION
4.1
ES?ABLISBIqEN'FOF !IEVF~O~~T
A Development Permit shall be obtained before construction
or development begins within any area of special flood
hazard established in Section 3.2. Application for a
Development Permit shall be made on forms furnished by the
Floodplain Administrator and may include, but not be
limited to! plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area in
questionj existing o~ proposed structures, fill, storage o
materials, drainage facilitiesl and the location of the
foregoing. Specifically, the following information is
required~
(1) Proposed elevation in relation to mean sea level, of
the 3owest habitable floor (including basement) of al
strucutres~ in Zone AO, elevation of existing grade
and proposed elevation of lowest habitable floor of
all structures.
(2) Proposed elevation in relation to mean sea level to
which any structure will be floodproofedl
(3) Certification by a'registered professional engineer c
architect that the floodproofing methods for any
nonresident£al structure meet the floodproofing
criteria in Section 5.].-3{3)~ and,
(4) Description oS the extent to which any watercourse
w{ll be altered or relocated as a result of proposed
5/84
4.2
Duties of the Floodplain ~dministrator
not be limited to~
4.2-1 ~ermit ~eview
development.
shall include, but
(2)
elevation oe the base flood more than one
point.
4.2-2 Use of Other Base Flood Data
Review all development permits to determine that the
permit requirements of this ordinance have been
satisfied.
Review all permits to determine that the site is
reasonably safe from flooding.
Review all development permits to determine i[ the
proposed development adversely affects the flood
carrying capacity of the floodway. Fat purposes of
this ordinance, 'adversely affects' means that the
cumulative effect of the proposed development when
combined with all other existing and anticipated
development will not increase the'water surface
foot at any
When base £1ood elevation data has ~ot been provided in
accordance with Section 3.2., B~qXS .FOR BS~FABLXSHIq~T{~
ARFJ~ OF SI~2~LFLOOD~WZARD, the-Floodplain Administrato3
shall obtain, review, and reasonably utilize any base
elevation data'available from a Federal, State or other
source, in order to administer Section 5.0. Why such
infommation
adoption,
shall be submitted to the Floodplain Board for
9-17 5/84
ORDINANCE FOR ARIZONA CI?IES AND TONNS
Section 3.9 herein.
4.2-7 Advise the Flood Controt Distict of
9-18
5/84
4.2-3 Information to be Obtained and Maintained
Obtain and maintain for public inspection and make
available as needed for Flood Insurance Policies:
(1) the certified elevation required in Section 5.1-3(1);
(2) the certification required in Section 5.1-3(2);
(31 the floodproofin9 certification required in Section
5.1-3(3)~ and
(4) the certified elevation required in Section 5.4-2.
4.2-4 Alteration of Watercourses
(1) Notify adjacent communities and the Arizona Department
of #ater Resources prior to any alteration or
teloration of a watercourser and submit evidence of
such notification to the Federal Insurance
Administration~ and
(2) Require that the flood carrying capacity of the
al. tered or relocated portion of said watercourse is
maintained.
4.2~5 Interpretation of FIRM Boundaries
Nake interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards
(for example, where there appea=s to be a conflict between
a mapped boundary and actual field conditions). The person
contestin9 the location of the boundary shall be 9iven a
reasonable opportunity to appeal the interpretation as
provided in Section 6.0.
4.2-6 ?ake actions on violations of this ordinance as required in
~qOD2L (~ID~NAJ~C~ FOR ARIZONA CITI~S AND ~S
County and any adjunct Jurisdiction having responsibility
for floodplain managament in writing and provide a copy of
development plan of all applications for floodplain use
permits or variances to develop land in a floodplain or
floodway within one mile of
..... ~., Town. Of Marsha
Control DiStrict of Pirna
the corporate limits of the
· AlSo, advise the Flood
County in writing
and provide a copy of any development plan of any major
development proposed within a floodplain or floodway which
could affect floodplains, floodways or watercourses within
the District'a area of Jurisdiction. Written notice and a
copy of the plan of development shall be sent to the
District no later than three working days after having been
received by the District.
9-19
5/84
NODEL ORDINANCE FOR ARIZONA CITIES AND TOWNS
5.1
In all areas of special
standards are requireds
5.1-1 Anchoring
S~CTION 5.0
PROVISIONS PORFI~)OD BAZARD I~EIXICTION
STANDARDS OF CONSTROCTION
flood hazards the
(1)
(2)
Section
5.1-2 Construction Naterials and Nethods
(1)
(2)
following
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
All mobile homes shall meet the anchoring standards of
shall be constructed using methods and
minimize flood damage.
5.1-3 Elevation and Floodproofing
All new construction an~ substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
All new construction and substantial improvements
practices that
New construction and substantial improvement of any
structure shall have the lowest habitable floor,
including basement, elevated to or above the
regulatory flood elevation. Nonresidential structures
may meet the standards in Section 5.1-3(3). Upon'the
completion of the structure the elevation of the
lowest habitable floor including basement shall be
certified by a registered professional engineer or
surveyor and provided to the Floodplain Administrator.
9-20 5/84
MODEL ORD~N~C~ FOR ~%RXZON& CZTXR.~ AND ?OWNS
(2)
(3)
(4)
New construction and subatantiaX improvement of any
'structure in Zone &O shall have the lo~est floor,
including basement~ elevated at least one foot above
the depth number specified on the FII~. If there is
no depth number on the FIR~,'the lovest floor,
including besement,"shall. be elevated one foot above
the cro~n of the nearest street. Nonresidential
structures may meet the standards in Section 5.1-
3(3). Upon completion of the structure a registered
professional engineer shall certify to the Floodplain
Administrator that the elevation of the structure
meets this standard.
Nonresidential construction shall either be elevated
in conformance with Section 5.1-3(1) or (2) or
together' with attendant utility and sanitary
facilities~
(a) be floodproofed so that below the regulatory.flood
level the structure 'is watertight with walls
substantially impermeable to the passage of wster~
(b) have structural components capable of resisting
hydrostatic and~hydrod~na~lc loads and effectsof
buoyancy~ and
(c) be certified by a registered professional engineer
or architect that'the standards of this subsection
are sstis~ied.' Such certifications shall be
provided to the. Floodplain Administrator.
~obils homes shall ~eet the above'standards and also
the standards in Section 5.5.
$/84
NODE~ ORD~NANC~ ImOR~JIlZONA CITIES ANI)~I)#1qs
5.2-1 The storage or processing of materials that are in time ~_
flooding bouyant, flammable, explosive, or could be
injurious to human, animal or plant life is prohibited.
5.2-2 Storage of other ~aterial.or equilment may be allowed if
not subject to major damage by floods and if firmly
anchored to prevent flotation or if readily removable fron
the area within the time available after flood warning.
5.3 S?i~ I~RIT~ILI~IF.q
5.3-1 All new and ~eplacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate
~nfiltration of flood waters into the system and discharg{
from systems into flood waters.
5.3-2 On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
5.3-3 Waste disposal systems shall not be installed wholly or
partially in a floodway.
5.4 S?i~ lmOR SUBDIVISIONS
5.4-3 All preliminary subdivision proposals shall identify
the flood hazard area and the elevation of the base flood
5.4-2 All final subdivision plans will provide the elevation of
proposed structure(s) and pads, If the site is filled
above the base flood, the final pad elevation shall be
certified by a registered professional engineer or survey,
and provided to the Ploodplain Administrator.
5.4-3 All. subdivision proposals shall be consistent with the
to minimize flood damage. All subdivision proposals shal
5/84
5.S
IqOD~., ORDZNA~K PaR ARZI~O~A C~'~'g ~ ~g
have public utilities and facilities such as sever, ~as,
electrical an~ ~ater systems l~ate~ and construct~ to
minimize ~1~ damage.
S~D~XSI~
A~ ~b~e h~es and additions to ~b[~e h~es Bha~ ~
anchored to resist t~otatLon, co~a~e, or ~eteFa~ ~emen~
by providing an anchoring system designed to vithstan~
horizontal 2arces o2 25 pounds per square foot and
upli2t 2arces or 15 pounds per square foot~
(2) by providing over-the-top and frame ties to ground
anchors. Specifically~
(a) over-the-top ties be provided at each o2 the four
corners o2 the mobile home, with two additional
ties per side at intermediate locations, except
that mobile homes less than S0 2eat long require
only one additional tie per sider
{b) 2tame ties be provided at each corner o2 the home
with five additional ties per Bide at intermediatl
points, except that mobile homes less than SO feet
.long require'only four additional ties per sider
and,.
(C) all components' of the anchoring system be capable
o2 carrying a force of 4,800 pounds.
5.5-2 .~obile Home Parks and Habile Home Subdivisions
ehe fol].o~ing standards are required for'all new and
replacement mobile hamear
5/94
by one o~ the following methods~'
(1)
MODI:I~ ORDZtIAIqCR FOR ARIZONA CITIES AND
5.5-3
5.6
5.6-1
(1) Adequate surface drainage and access for a hahlet
shall be p~ovided.
(2) All mobile homes shall be placed on pads or lots
elevated on compacted fill or on pilings so that the
lowest floor oE the mobile home is at or above the
regulatory flood level. I[ elevated on pilings:
(a) the lots shall be large enough to permit steps;
(b) the pilings shall be placed in stable soil no mot.
than ten feet apart, and
(c) reinforcement shall be provided for pilings more
than six feet above the ground level.
No mobile home shall be placed in a floodway, except in an
existing mobile home park or existing mobile home
subdivision.
Located within areas of special flood hazard established i
Section 3.2. are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocit
of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions apply:
Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by s registered professional engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during tl
occurrence of the base flood discharge.
Prohibit the placement.of any mobile homes except in an
existing mobile home park or subdivision.
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HOD~ ORD~NANC~ FOR A~TZONA CITIES A~ ~S
5.6-3 I~ Sec~on~ 5.6-1 an~ 5.6-2 age satisfied, all new
construction and substantial improvements shall comply wi~h
all applicable ~1~ hazar4 reduction provisions of Section
5, ~Z~ ~R~~A~~~.
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6.1-2
6.1-3
6.1-4
S~"'~ZOW 6.0
VARIANC~ PROCKDURR
The Floodplain Board ofTown of Marana shall hear and decide
appeals and requests for variafices from the ~equ~rements
th~s
· he Fl~pla~n Boa~ shall hear
is alleged there Is an error in any zequirement, decision,
or determination made by the Fl~dplain Administrator
the enforcement or administration o~ this ordinance.
Those aggrieved by the decision
any taxpayer, may appeal such decision to the Superio~
Court of Pima County.
In passing u~n such applications, the Fl~plain Board
shall consider all technical evaluations, all relevant
factors, standards s~cified i~ othe~ sections of this
ordinance,
the danger that materials may ~ swept onto other
lands to the injury of othe~s;
the danger of ll~e and probity due to fl~ln~
erosio~ damage;
the susceptibility of the pro~sed facility and its
contents to fl~ damage and the effect of such dami
on the individual owner;
(4) the lm~rtance of the 'se~vices provided by the
pco~sed facility to the
(5) the necessity to the lacllitV of a waterfront
location, whece appl. tcable~
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MODEL ORDINANCE FOR ARIZONA CI?I~S AND q~qqNS
(6)
the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion,da~ge!
(7) the comparability of the proposed use vith existing
and anticipated development;
(8) the relationship of the proposed use to the
comprehensive plan and floodplain management program
for that area!
(9) the safety of access to the property in time of flood
for ordinary and emergency vehicles~
(10) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site! and,
(11) the costs of providing governmental services during
and after flood conditions, 'including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets
and bridges.
6.1-5 Generally, variances may be issued for new construction and
substantial improvements to be'erected on a lot of one-half
acre or less in s'ise contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing items (1-11) in Section 6.1-4 have been
fully considered. As the lot size increases beyond one-
half acre, the technical }ustifiction required for issuing
the variance increases.
6.1-6 Upon consideration of the factors of Section 6.1-4
and the purposes of this ordinance, the Floodplain
9-27 5/84
NODEL ORDINANCE FOR ARIZONA CITIES AND TOWNS
Board may attach such conditions to the gran~£ng of
variances as it deems necessary to further the
purposes of this ordinance.
6.1-? The Floodplain Administrator shall maintain the records of
all appeal actions and report any variances to the Federal
Insurance Administration upon request.
6.2 CONDITIONS FOR VARIANCES
6.2-1 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 section.
6.2-2 Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
f].ood discharge would result.
6.2-3 Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
6.2-4 Variances shall only be issued upon~
(1) a showing Of good and sufficient cause;
(2) a determination that failure to grant the variance
would result in exceptional hardship to the applicantl
. and .
(3) 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 [raud on or
victimization of; the public, or confict with existin(
9-28 5/84
6.2-5
l~al la~s or ordinances.
~ny applicant to ~h~ a variance is 9ran~e6 shall be given
~ritten notice ~h~t ~he s~ruc~ure ~ill ~ ~rmitte~ to ~
built with a lowest flor elevation ~1~ the regulatory
~1~ elevation an~ that the cost o~ fled insurance will
~ commensurate with the increased risk resulting from the
reduced lowest flor elevation. Such notice will also
state that the land u~n which the variance is granted
shall be ineligible for exchange o~ State land pursuant to
the ~l~d rel~ation and lan~ exchange proram provided for
by A~ title 26, chapter ~, article ~. A copy o[ the
notice shall be recorded by the Fl~dplain Board In the
o~ffice of the Pisa County Recorder an~ shall ~
recorded In a ~anner so that it spears in the chain of
title o[ the a~fected parcel o~ land.
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