City of Monroe, LA

ORDINANCE

STATE OF LOUISIANA                                                                            NO.  12,239               

CITY OF MONROE                                                                                   

The following Ordinance was introduced by Mr.  McFarland               who moved for its adoption and was seconded by Mr.  Muhammad                 :

            WHEREAS, the City of Monroe is a participant in the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program;

            WHEREAS, the City enacted Chapter 13 of the City of Monroe Code, which outlines regulations related to drainage and flood control; and

            WHEREAS, the City has determined that certain regulations within Chapter 13 no longer meet minimum requirements for participation in FEMA’s National Flood Insurance Program and should, therefore, be updated to ensure continued compliance and to align the City of Monroe Code with state and federal regulations related to flood control.

            NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that that Chapter 13 of the City of Monroe Code, entitled Drainage and Flood Control, is hereby amended in its entirety and re-enacted as follows:

CHAPTER 13

DRAINAGE AND FLOOD CONTROL

Art. I   In General, Secs. 13-1 – 13-20

Art. II  Flood Hazard Areas, Secs. 13-21 – 13-60

            Div. 1.  Generally, Secs. 13-21 – 13-40

            Div. 2   Administration and Enforcement, Secs. 13-41 – 13-55

            Div. 3   Provisions for Flood Hazard Reduction, Secs. 13-56 – 13-62

ARTICLE I. IN GENERAL

Secs. 13-1—13-20. Reserved.

ARTICLE II. FLOOD HAZARD AREAS

DIVISION 1. GENERALLY

Sec. 13-21. Statutory Authority

Under Louisiana Revised Statute 38:84, the City of Monroe has the power and authority to adopt ordinances, rules, and regulations, including zoning and land use regulations, necessary to comply with the National Flood Insurance Act of 1968 and the regulations adopted pursuant thereto by the Federal Emergency Management Agency.

Sec. 13-22. Findings of fact.

The City of Monroe makes the following findings of fact:

(1)   The flood hazard areas of the city 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 losses 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

Sec. 13-23. Statement of purpose.

The purpose of this article is 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:

(a)   Protect human life and health;

(b)   Minimize expenditure of public money for costly flood control projects;

(c)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)   Minimize prolonged business interruptions;

(e)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(f)    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

(g)   Ensure that potential buyers are notified that property is in a flood area.

Sec. 13-24. Methods of reducing flood losses.

In order to accomplish its purposes, this article uses the following methods:

(a)   Restricting or prohibiting uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(b)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(d)   Controlling filling, grading, dredging and other development which may increase flood damage;

(e)   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Sec. 13-25. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.

Accessory structures mean structures that are on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. Accessory structures must be used for parking or storage, be small and represent a minimal investment by owners, and have low damage potential. Accessory structure size limits based on flood zone, no larger than 600 square feet in flood zones identified as A zones (A, AE, A1-30, AH, AO, A99, and AR) and not larger than 100 square feet in flood zones identified as V zones (V, VE, V1 30, and VO). Examples of small accessory structures include, but are not limited to, detached garages, storage and tool sheds, and small boathouses.

Agricultural structures mean structures that are used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock.

Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one per cent chance or greater annual chance of flooding to an average depth of one to three (3) 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 ponding or sheet flow.

Area of special flood hazard is the land in the floodplain within a community subject to a one per cent or greater chance of flooding in any given year. The area may be designated as Zone A 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, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special floor hazard.”

Base flood means the flood having a one per cent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year – also called the Base Flood.

Basement means any area of the building having its floor subgrade (belowground level) on all sides.

Critical feature means an integral and readily identifiable part of a flood protections system, without which the flood protection provided by the entire system would be compromised.

Development means any manmade 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 or storage of equipment or materials.

Elevated building means a nonbasement building (i) built, in the case of a building in Zones A1-30, 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, columns (post 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 A1-30, 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 floodwaters. In the case of Zones V1-30, 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, 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 utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain 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)   A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)   The overflow of inland or tidal waters.

(2)   The unusual and rapid accumulation or runoff of surface waters from any source.

(b)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.

Flood elevation study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study see Flood Elevation Study. 

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood 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 area 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 nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway see Regulatory Floodway.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

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 term 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 of 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

(d)   Individually listed on a local inventory of 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 Interior or;

(2)   Directly by the Secretary of the Interior in states without approved programs.

Levee means a manmade 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 of 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 attached 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 (2) 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 purposes 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 manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the 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) Four hundred (400) square feet or less when measured at the largest horizontal projection; (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 recreational, camping, travel, or seasonal use.

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.

Special flood hazard areas, see “area of special flood hazard”. Special hazard area means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/ AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.

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 one hundred eighty (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 a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, 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 fifty (50) per cent 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 fifty (50) per cent 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 term 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 to assure safe living conditions or (2) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Variance means a grant of relief by a community from the terms of a flood plain management regulation. (For requirements see 44 CFR Sec. 60.6.)

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) of the National Flood Insurance Program regulations 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.

Sec. 13-26. Lands to which this ordinance applies.

The article shall apply to all areas within the jurisdiction of the City of Monroe, Louisiana.

Sec. 13-27. 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 Ouachita Parish, Louisiana and Incorporated Areas”, dated January 20, 2016 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 article.

Sec. 13-28. Establishment of development permit.

A development permit shall be required to ensure conformance with the provisions of this article.

Sec. 13-29. Compliance.

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.

Sec. 13-30. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these ordinances and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Sec. 13-31. Interpretation.

In the interpretation and application of this article, 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.

Sec. 13-32. Warning and disclaimer or liability.

The degree of flood protection required by this article 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 manmade or natural causes. This article 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 that result from reliance on this article or any administrative decision lawfully made thereunder.

Secs. 13-33—13-40. Reserved.

DIVISION 2. ADMINISTRATION AND ENFORCEMENT

Sec. 13-41. Designation of the floodplain administrator.

The City Engineer, or his designee, is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management, except as otherwise provided herein, where certain duties with accompanying functions and authority are specifically assigned to the City Engineer.

Sec. 13-42. Duties and responsibilities of the floodplain administrator.

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(a)         Maintain and hold open for public inspection all records pertaining to the provisions of this article.

(b)         Review permit applications to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(c)         Review, approve or deny all applications for development permits required by adoption of this article.

(d)         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.

(e)         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.

(f)          Notify, in riverine situations, adjacent communities and the state coordinating agency which is the State of Louisiana's Department of Transportation and Development, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(g)         Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(h)         When base flood elevation data has not been provided in accordance with Section 13-27, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Article II, Division 3.

(i)           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.

(j)           Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first complies with all provisions required under Section 65.12.

Sec. 13-43. Permit procedures.

(a)   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:

(1)         Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

(2)         Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(3)         A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Subsection 13-57(b);

(4)         Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(5)         Maintain a record of all such information in accordance with Article II, Division 2, Section 13-43(a).

(b)   Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors:

(1)         The danger to life and property due to flooding or erosion damage;

(2)         The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3)         The danger that materials may be swept onto other lands to the injury of others;

(4)         The compatibility of the proposed use with existing and anticipated development;

(5)         The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6)         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;

(7)         The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(8)         The necessity to the facility of a waterfront location, where applicable;

(9)         The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(10)     The relationship of the proposed use to the comprehensive plan for that area.

Sec. 13-44. Variance procedures.

(a)   The floodplain management appeal board is hereby created which shall consist of the city engineer, the planning and urban development director, a professional engineer (registered in Louisiana) appointed by the mayor, and two (2) members appointed by the city council. This board, herein after will be referred to as the appeal board, shall hear and render judgement on requests for variances from the requirements of this article.

(b)   The appeal board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

(c)   Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

(d)   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.

(e)   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 article.

(f)    Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) 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 Subsection 13-44(b) of this article have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(g)   Upon consideration of the factors noted above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (Article II, Division 1, Section 13-22).

(h)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)     Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the 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.

(j)     Prerequisites for granting variances:

(1)         Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)         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 the public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)         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.

(4)         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 II, Division 2, Section 13-44 (a)—(i) 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.

Secs. 13-45—13-55. Reserved.

DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION

Sec. 13-56. General standards.

In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(a)   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;

(b)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(c)   All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(d)   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;

(e)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(f)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and,

(g)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Sec. 13-57. Specific standards.

In all areas of specific flood hazards where base flood elevation data has been provided as set forth in Section 13-27, Section 13-42(h), or Section 13-58(c), the following provisions are required:

(a)   Residential construction: New construction and substantial improvement of any residential structure in all special flood hazard areas other than unprotected areas of the Chauvin Basin shall have the lowest floor (including basement), elevated to six (6) inches or more above the base flood elevation. All residences constructed within the unprotected areas of the Chauvin Basin shall be constructed with the lowest floor at or above elevation seventy-two and a half (72.5) feet NGVD. The Chauvin Basin is herein defined as that portion of land east of the east levee of the Ouachita River, north and west of Bayou DeSiard and south of Louisiana Highway 553. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Section 13-43(a)(1), is satisfied.

(b)   Nonresidential construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure in special flood hazard areas outside the Chauvin Basin shall either have the lowest floor (including basement) elevated to six (6) inches or more 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 all 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. All of the above provisions for nonresidential construction outside of the Chauvin Basin shall apply to nonresidential construction within the Chauvin Basin except that the base flood elevation shall be considered to be seventy-two (72) feet NGVD.

(c)   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:

(1)         A minimum of two (2) 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.

(2)         The bottom of all openings shall be no higher than one foot above grade.

(3)         Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(d)   Manufactured homes:

(1)         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.

(2)         Require that manufactured homes that are placed or substantially improved within Zones A1-30, 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 plus freeboard and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.  The manufactured home shall be installed by a licensed installer according to Louisiana State law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.

(3)         Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, 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 bottom of the longitudinal structural beam 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 thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(e)   Recreational vehicles: Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than one hundred eighty (180) consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Section 13-43(a), and the elevation and anchoring requirements for “manufactured homes” in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(f)    Areas not otherwise covered: In all areas not otherwise covered in this article and not protected by approved flood proofing methods, the lowest floor elevation shall be at least eight (8) inches above grade, or eight (8) inches above the crown of the nearest street, whichever is higher, except that where the land is sloped in such a way that streets adjacent to a proposed building site will not act as a dam to cause floodwaters to pond and flood the proposed building, the lowest floor elevation shall not be required to be eight (8) inches above the crown of the nearest street.

(g)   Sitework for new construction: The site of any new construction shall be graded so that it will drain to city right-of-way or easements which have been graded or improved to receive such drainage. The city engineer shall review the site plan for said new construction and shall make the determination whether the drainage design for this construction is adequate to meet this requirement. He shall then take appropriate action.

(h)   Accessory structure: Accessory structures to be placed on sites within Zones A1-30, AH, AO and AE shall comply with the following:

(1)         The structure shall be used only for parking and limited storage;

(2)         The structure shall not be used for human habitation. Prohibited activities or uses include but are not limited to working, sleeping, living, entertainment, cooking, or restroom use;

(3)         The structure shall be unfinished on the interior.

(4)         Structures shall be small in size, not exceeding 600 square feet.

(5)         Structures exceeding the size of 600 square feet will be required to meet all applicable standards of Section 13-27, Section 13-42(h), or Section 13-58(c), including relevant subsections.

(6)         Service facilities such as electrical and heating equipment must be elevated to or above the BFE;

(7)         The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(8)         The structure shall be considered low in value, designed to have low flood damage potential and constructed with flood resistance materials;

(9)         The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement;

(10)     Floodway requirements must be met in the construction of the structure; 

(11)     Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and be placed on a minimum of two walls with the net area of not less than 1 square inch for every square foot of the size of the footprint of the structure (Flood Vents);

(12)     The openings (flood vents) shall be located no higher than 1 foot above grade;

(13)     The openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters

Sec. 13-58. Standards for subdivision proposals.

(a)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sections 13-21, 13-22, and 13-23 of this chapter.

(b)   All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet development permit requirements of Sections 13-27, Section 13-43, and the provisions of Article II, Division 3 of this chapter.

(c)   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 fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 13-27 or Section 13-42 of this chapter.

(d)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e)   All subdivision proposals including the placement of manufactured home parks and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(f)    Grading; drainage design. All subdivisions shall be graded so that each individual lot shall drain to an adjacent city right-of-way or easement which has been graded or improved to receive this drainage. If the site is low and will be subject to six (6) inches or more of flooding, then the developer shall add sufficient fill material graded and compacted, to raise the average grade of the site to such elevation as to hold site flooding to less than six (6) inches. The city engineer shall review the site plans and plats for each proposed subdivision and shall determine whether the drainage design for the subdivision is adequate to meet these requirements. He shall then take appropriate action.

Sec. 13-59. Standards for areas of shallow flooding (AO/AH Zones).

Located within the areas of special flood hazard established in Section 13-27 are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of one to three (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:

(a)   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 (2) feet if no depth number is specified).

(b)   All new construction and substantial improvements of nonresidential structures:

(1)         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 (2) feet if no depth number is specified), or;

(2)         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.

(c)   A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in Section 13-43(a)(1), are satisfied.

(d)   Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

Sec. 13-60. Floodways.

Located within areas of special flood hazard established in Section 13-27, are areas designated as floodways. Since the floodway is an extremely hazardous area to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, following provisions shall apply:

(a)   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 analyses 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.

(b)   If subsection (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article II, Division 3.

(c)   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.

Sec. 13-61. Severability.

If any section, clause, sentence, or phase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this article.

Sec. 13-62. Enforcement.

(a)   The City Engineer or his representative shall be empowered to halt construction on any project, whether public or private, which appears to be in conflict with this article or which he determines will contribute to flooding in the city. The city engineer or his representative may halt construction by serving a stop work order on the foreman on a construction project or on the person, firm, or corporation who let the contract for the project, or the owners of the land on which the construction is taking place. No further construction shall take place on the project until the stop work order has been rescinded either by the city engineer or his representative.

(b)   Any action by the City Engineer or his representative in ordering that construction cease, may be appealed to the city council or to the floodplain management appeal board, either of which shall have the authority to lift the stop work order. To lift a stop work order issued by the city engineer or his representative, the floodplain management appeal board must have at least three (3) members other than the City Engineer present and voting. The City Engineer may not vote when the board is considering such action.

(c)   Violation of a stop work order or any other provisions of this article shall subject the foreman on a construction project for which a stop work order has been issued or the person, firm or corporation who let the contract for the project or the owners of the land on which the construction is taking place to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or imprisonment of not more than six (6) months or, both. Each day of violation of a stop work order or failure to comply shall constitute a separate offense. An act of appeal by a person, firm or corporation to the city council or floodplain management appeal board to lift a stop work ordered by the city engineer or his representative shall not exempt the person, firm or corporation from obeying the stop work order until it has been duly rescinded.

This Ordinance was introduced on August  27th          , 2024.

            Notice published on  August 30th     , 2024.

This Ordinance having been submitted in writing, introduced, and published, was then submitted to a vote as a whole, the vote thereon being as follows:

AYES:             Ezernack, Woods, McFarland & Muhammad

NAYS:            None.

ABSENT:       Harvey

And the Ordinance was declared ADOPTED on September  10th     , 2024.

Juanita Woods                        

CHAIRPERSON

Carolus S. Riley                                 

CITY CLERK

Oliver Friday Ellis                             

MAYOR’S APPROVAL

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MAYOR’S VETO