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HomeMy WebLinkAboutORD294ORDINANCE NO.294 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 5,VOLUME I I OF THE LAND DEVELOP- MENT CODE OF THE CITY OF APACHE JUNCTION,PERTAINING TO FLOODPLAIN MANAGEMENT;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PRO- VIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That Section 2.0,DEFINITIONS,be amended by adding a defi- nition for "Regulatory flood elevation"to read as follows: "Regulatory flood elevation"means the elevation which is one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be as determined by the criteria developed by the Director of Water Resources for all other watercourses. That Section 5.1,Subsection 5.1-3 (1)be amended to read as follows: (1)New construction and substantial improvement of any structure shall have the lowest habitable floor,including the basement,i f any,elevated to at least the regulatory flood elevation.I f there is no base flood elevation on the FIRM,the lowest floor,including basement,shall be elevated to at least the regulatory flood elevation as determined by an Arizona Registered civil engineer.Upon the completion of the structure the elevation of the lowest habitable floor including basement shall be certified by an Arizona registered professional engineer and provided to the Floodplain Administrator.Exception:nonresidential structures may meet the standards in Section 5.1-3 (2). That Section 5.1,Subsection 5.1-3 (2)(a)be amended to read as follows: (a)be floodproofed so that starting at a point from the regulatory elevation,and below the structure is watertight with walls substantially impermeable to the passage of water,and; That Section 5.5,Subsections (2)(a)and (b)be amended to read as follows: (a)over -the -top ties be provided at each of the four corners of a mobile home,with two additional ties per side at intermediate locations,except that mobile homes less than 50 feet long require only one additional tie per side. (b)frame ties be provided at each corner of a trailer with five additional ties per side at intermediate points,except that trailers less than 50 feet long require only four addi- tional ties per side;and, ORDINANCE NO.294 PAGE TWO That Section 5.5,Subsection 5.5-2 be amended to read as follows: 5.5-2 The following standards are required for (a) trailers not placed in trailer parks or subdivisions, (b)new trailer parks or subdivisions,(c)repair, reconstruction or improvements to existing trailer parks or subdivisions that equals or exceeds 50 per cent of the value of the streets,utilities,and pads before the repair,reconstruction or improvement commenced,and (d)replacement trailers. That Section 5.5,Subsection 5.5-2 (2)be amended to read as follows: (2)All trailers shall be placed on pads or lots eleva- ted on compacted fill or on pilings so that the bottom of the structural frame or the lowest point of any attached appliances,whichever is lower,is at or above the regulatory flood elevation.If elevated on pilings: That Section 5.5,Subsection 5.5-2 be further amended by adding Subsections (3)and (4)to read as follows: (3)Trailers other than mobile homes may be exempted from these standards provided all of the following condi- tions are met: (a)The placement of the trailer is intended to be temporary,i.e.:Less that six (6)months. (b)The trailer is maintained in a mobile state, i.e.:without skirting,or awnings which are attached to the ground. (c)The trailer is inhabited and the trailer constitutes the principle place of residence for the inhabitant. (4)The replacement of a trailer which was damaged by a flood to more than fifty percent of it's value before this flood is hereby expressly prohibited. That Section 5.6,Subsection 5.6-1 is amended to read as 5.6-1 There shall be no encroachments,including fill,new construction,substantial improvements,and other develop- ments unless certification by an Arizona registered profes- sional civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. That Section 5.6 is further amended by adding Subsection 5.6-4 to read as follows: 5.6-4 Waste disposal systems shall not be installed wholly or partially within a floodway. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. ORDINANCE NO.294 PAGE THREE SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF JULY ,1984. ATTEST: KATHLEEN CONNELLY CITY CLERK APPROVED AS TO FORM: