HomeMy WebLinkAboutOrdinance 2327 ORDINANCE NO . aaa7
77 EAY 19 941 110 : 48
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AN ORDINANCE AMENDING SECTION 6 - 94 OF THE Fif1ii'iEVIfLLE
CODE OF ORDINANCES TO ADOPT A CODE OF FLOOD PLAIN BUILDING
AND DEVELOPMENT REGULATIONS FOR THE CITY OF FAYETTEVILLE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 6 - 94 of the Fayetteville Code
of Ordinances is hereby amended to read as follows :
Sec . 6- 94 . Code of flood plain building and
development regulations adopted .
There is hereby adopted by reference thereto as
if set out fully herein the provisions of the Fayetteville
Code of Flood Plain Building and Development Regulations .
Three ( 3 ) copies of said Code shall be maintained on
file in the Office of the City Clerk .
Section 2 . A copy of the aforesaid Fayetteville Code of
Flood Plain Building and Development Regulations , marked Exhibit
" A" , is attached hereto and made a part hereof .
Section 3 . The Board of Directors hereby determines that
the present regulations applicable to building and development
in the flood plain need to be clarified and that such clarification
is necessary for the public health , safety , and welfare . Therefore ,
an emergency is hereby declared to exist , and this ordinance
being necessary for the public health , safety and welfare , shall
be in full force and effect from and after its passage .
PASSED AND APPROVED THIS 3 DAY OF SQL" , 1977 .
— Y
APPROVED :
49
MAYOR
ATrTES` Tr
T
y � �
CERTIFICATE OF RECORD
a .
''• TY , CLERK State of Arkansap l
City of Fayetteville I( S9
I, Darlene Westbrook, City Clerk and Ex.
Officio recorder for the City of Fayetteville,
do hereby certify that the annexed or fore-
going is of record in my office and the same
appear tQL �Q F 4 p(// book
st page _ z��3/�. Witness my
hand and seal this Lday of
AOO t O a ,S�1a-d-d-/�
City Clerk and Ex-Officio Recorder
MICRILMED
DATEOCT11 7 1918 932 152
.,� REED
FAYETTEVILLE CODE OF FLOOD PLAINT
BUILDING AND DEVELOPMENT REGULATIONS
ARTICLE I 7
GENERAL PURPOSE
Section 2901 FINDING OF FACT
( 1 ) The flood hazard areas of the City of Fayetteville ,
Arkansas are subject to periodic inundation which could
result in loss of life and property , health and safety
hazards , disruption of commerce and governmental ser-
vices , 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 flood plains 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 , flood-proofed , or otherwise
protected from flood damage .
Section 2902 STATEMENT OF PURPOSE
It is the purpose of these regulations to promote the
public health , safety and general welfare and to minimize
harm and private losses in special flood hazard areas with
provisions designed to :
( 1 ) Restrict or prohibit uses that are dangerous to
health , safety or property in times of flood , or cause
excessive increases in flood heights or velocities ;
( 2 ) Require that uses vulnerable to floods , including
public facilities which serve such uses , be protected
against flood damage at the time of initial construction ;
( 3 ) Control , in the sense of providing authoritative
guidance , the alteration of natural flood plains , their
protective barriers and stream channels ;
( 4 ) Prevent the construction of barriers which will
divert flood waters and subject other lands to greater
flood hazards ;
( 5 ) Control , in the sense of authoritative guidance ,
development which would cause greater erosion or potential
flood damage such as grading , dredging and excavation .
® 932 153
( 2)
Section 2903 OBJECTIVES
The objectives of this ordinance are :
( 1 ) To protect human life and property exposed to the hazards of flooding ;
( 2 ) To ensure that potential property owners are notified if property is
in a special flood hazard area ;
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public ;
(4 ) To minimize prolonged business interruptions ;
( 5 ) To minimize damage to public facilities and utilities such as water
and gas mains , electric , telephone and sewer lines , streets and bridges
located in special flood hazard areas ;
( 6) To minimize expenditure of future public money for costly flood
control projects .
Section 2904 SCOPE
These regulations shall apply to any " substantial improvement" of existing
structures as well as to any future structures , construction and developments
that are located
( 1 ) In areas of the City that are indicated to be at or below the projected
100-year frequency flood elevations (related to mean sea level ) as shown
in the 1971 FLOOD STUDY prepared for the City by the U . S . Army Corps of
Engineers .
(2 ) Within any Zone "A" as designated on Fayetteville , Arkansas , Flood
Hazard Boundary Map (FHBM) .
ARTICLE II
DEFINITIONS
Section 2910 DEFINITIONS
Unless specifically defined below , words or phrases used in this ordinance
shall be interpreted to give them the meaning they have in common usage and
to give this ordinance its most reasonable application .
Appeal - -means a request for a review of the Building Inspection Superintendent ' s
( Local Administrator)
.._interpretation of any provision of this ordinance or a request for a variance .
Area of Shallow Flooding- -means a designated AO Zone on a community ' s Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet .
This condition occurs where a clearly defined channel does not exist ,
where the path of flooding is unpredictable and indeterminate , and where
velocity flow may be evident .
Area of Special Flood Hazard- - is the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year .
Base Flood ( 100-year frequency flood) - -means the flood having a one percent
chance of being equalled or exceeded in any given year .
Development - -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 .
Existing Mobile Home Park or Mobile Home Subdivision- -means a parcel (or
contiguous parcels ) of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities for servicing
the lot on which the mobile home is to be affixed ( including , at a
minimum , the installation of utilities , either final site grading or
the pouring of concrete pads , and the construction of streets ) is
completed before the effective date of this ordinance .
�m 932 154
Expansion to an Existing Mobile Home Park or Mobile Home 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 ) .
Flood or Flooding- -means a general and temporary condition of partial or
complete inundation of normally dry land areas from :
( 1 ) The overflow of inland waters .
( 2 ) The unusual and rapid accumulation or runoff of surface waters
from any source .
Flood Hazard Boundary Map (FHBM) - -means an official map of a community , issued
by the Federal Insurance Administration , where the areas within the
boundaries of special flood hazards have been designated as Zone A .
Flood Insurance Rate Map (FIRM) - -means an official map of a community , on
which the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to the
community .
Flood Insurance Study- - is the official report provided by the Federal Insurance
Administration . The report contains flood profiles , the water surface
elevation of the base flood , as well as the Flood Hazard Boundary- Floodway
Map .
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
one foot .
Freeboard- -means a factor of safety usually expressed in feet above a flood
level for the puaposes of flood plain management .
Habitable Floor- -means any floor usable for living purposes , which includes
working , sleeping , eating , cooking or recreation , or a combination thereof .
A flooi used for storage purposes only is not a "habitable floor" .
Mean Sea Level - -means the average height of the sea for all stages of the tide .
Mobile Home- -means a structure , transportable in one or more sections , which
is built on a permanent chasis 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 .
New Construction- - New construction for the purpose of flood plain management
means structures for which the "start of construction" commenced on or after
the effective date of any flood plain management regulations adopted by a
community for that particular area of the City where the structure in
question is located .
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 rent or
sale for which the construction of facilities for servicing the lot on
which the mobile home is to be affixed ( including , at a minimum , 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 .
1971 Flood Study- -a flood plain information study prepared for the City of
Fayetteville , Arkansas by the U . S . Army Corps of Engineers in 1971 for
certain areas of Town Branch , Mud Creek , Scull Creek and Clear Creek , along
with portions of {Vest Fork of White River .
One Hundred Year ( 100-year) Frequency Flood - -See "Base Flood" .
931 155
Start of Construction- -means the first placement of 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 stage of excavation .
Permanent construction does not include land preparation , such as clearing ,
grading , and filling ;
(a) Nor does it include the installation of streets and/or walkways ;
(b) Nor does it include excavation for a basement , . -'footings , piers
or foundations or the erection of temporary forms ;
(c) Nor does it include the installation on the property of accessory
buildings , such as garages or sheds not occupied as dwelling units or
not as part of the main structure .
For 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 .
For mobile homes not within a mobile home park. or mobile home subdivision ,
" start of construction" means the affixing of the mobile home to its perma-
nent site . For mobile homes within mobile home parks or mobile home
subdivisions , " start of construction" is the date on which the construction
of facilities 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 pouring of concrete pads , and installation of utilities)
is completed .
Structure- -means a walled and roofed building that is principally above ground ,
as well as a mobile home .
Substantial Improvement - -means any repair , reconstruction , or improvement of a
structure , the cost of which equals or exceeds 50 percent of the market
value 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 occurred .
For the purposes of this definition " substantial improvement" is considered
to occur when the first alteration of any wall , ceiling , floor , or other
structural part of the building commences , whether or not that alteration
affects the external dimensions of the structure .
The term " substantial improvement" does not , however , include either ,
( 1 ) Any project 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
Historic Places or a State Inventory of Historic Places .
Variances- - is a grant of relief to a person from the requirements of this
ordinance when specific enforcement would result in unnecessary hardship .
A variance , therefore , permits construction or development in a manner
otherwise prohibited by this ordinance .
ARTICLE 3
GENERAL PROVISIONS
Section 2920 LANDS TO WHICH THESE REGULATIONS APPLY
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of Fayetteville , Washington County , Arkansas .
( local unit)
932 156
( 5)
Section 2921 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
( 1 ) 1971 Flood Study
(2 ) FHB Map- -The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map (FHBM) ,
# 050216A, dated May 28 , 1976 .
Section 2922 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit issued by the Building Inspection Superintendent shall be
( Local Administrator)
required when any structure or development is located in any "area of special
flood hazard" of the City to insure conformance with these regulations prior
to the developer commencing any development operations such as :
( 1 ) Earth excavation operation
( 2 ) Earth "filling" operation
(3 ) Changing or relocating any creeks , drainage areas or water courses
(4) Making any substantial improvements to existing structures
( 5) The "start of construction" of any structure .
Section 2923 COMPLIANCE
No structure shall hereafter be located or - altered , nor shall any land be
altered or have its use changed without full compliance with the terms of
these regulations .
Section 2924 ABROGATION AND GREATER RESTRICTIONS
These regulations are not intended to repeal , abrogate , or impair any existing
easements , covenants , or deed restrictions . However , where these regulations
and another conflict or overlap , whichever imposes the more stringent
restrictions shall prevail .
Section 2925 INTERPRETATION
In the interpretation and application of these regulations , all provisions
shall be : ( 1 ) considered as minimum requirements ; ( 2 ) liberally constructed
in favor of the governing body; and (3) deemed neither to limit nor repeal
any other powers granted under State statutes .
Section 2926 WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by these regulations is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations . On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes . These regulations do
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 . These regulations
shall not create liability on the part of the City of Fayetteville , Arkansas ,
( local unit)
or any officer or employee thereof for any flood damages that result from
reliance on these regulations or any administrative decision lawfully made
thereunder .
ARTICLE 4
ADMINISTRATION
Section 2930 DESIGNATION OF BUILDING INSPECTION SUPERINTENDENT ( Local Administrator)
The Building Inspection Superintendent is hereby appointed to administer and
( Local Administrator)
implement the provisions of these regulations .
M 932 157
(6)
Section 2931 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTION SUPERINTENDENT
Duties and responsibilities of the Building Inspection Superintendent shall
include , but not be limited to :
( 1 ) Maintain and hold open for public inspection all records pertaining
to the provisions of these regulations ;
( 2 ) Review , approve or deny all applications for development permits
required by Section 2922 of these regulations ;
(3 ) Review permits for proposed development to assure that all necessary
permits have been obtained by the developer from those Federal , State , or
local governmental agencies from which prior approval is required .
(4) 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 Building Inspection Superintendent shall make
( Local Administrator)
the interpretation .
( S) Review evidence , which shall be attached to and made part of the
Development Permit Application , that the developer has notified
adjacent communities and the Division of Soil and Water Resources of
(State Coordinating Agency)
the Arkansas Department of Commerce prior to any alteration or relocation
of a watercourse , and submit that evidence of such notification to the
Federal Insurance Administration ;
(6) Assure that adequate maintenance is provided by persons owning
property within the altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished .
(7) When base flood elevation data has not been provided to the City
by the Federal Administrator of the National Flood Insurance Program .
with the City ' s FHB Map , the Building Inspection Superintendent shall
( Local Administrator)
obtain , review , and reasonably utilize any base flood elevation data
available from a Federal , State , or other source , in order to administer
the provision of Sections 2941 and 2942 of these regulations .
Section 2932 DEVELOPMENT PERMIT PROCEDURES
( 1 ) APPLICATIONS FOR A DEVELOPMENT PERMIT
Application for a Development Permit shall be presented to the Building
Ins ection Superintendent on forms furnished by him and may include , but
Local Administrator)
not be limited to , plans in duplicate drawn to scale showing the location ,
dimensions , and elevation of proposed landscape alterations , existing and
proposed structures , and the location of the foregoing in relation to
areas of special flood hazard . Additionally , the following information
is required :
(a) Elevation in relation to mean sea level , of the lowest
floor ( including basement) of all proposed structures ;
(b) Elevation in relation to mean sea level to which any
non-residential structure shall be floodproofed ;
(c) A certificate from a registered professional engineer
or architect that the non-residential floodproofed structure
shall meet the floodproofing criteria of paragraph 2 of
Section 2941 of these regulations ;
(d) Engineering data along with a description of the extent
to which any watercourse or natural drainage will be altered
or relocated as a result of proposed development .
931 159
(7 )
( 2) APPROVAL OR DENIAL OF A DEVELOPMENT PERMIT
Approval or denial of a Development Permit by the Building Inspection Super-
( local administrator)
intendent shall be based on all of the provisions of these regulations and
the following relevant factors :
(a) The danger to life and property due to flooding or
erosion damage ;
(b) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner ;
(c) The danger that materials may be swept onto other lands to
the injury of others ;
(d) The compatibility of the proposed use with existing and
anticipated development ;
(e) The safety of access to the property in times of flood for
ordinary and emergency vehicles ;
( f) The costs of providing governmental services during and
after flood conditions including maintenance and repair of
streets and bridges , and public utilities and facilities such
as sewer , gas , electrical , and water systems .
(g) The expected heights , velocity , duration , rate of rise
and sediment transport of the flood waters expected at the site ;
(h) The availability of alternative locations , not subject
to flooding or erosion damage , for the proposed use ;
( i) The relationship of the proposed use to the comprehensive
plan for that area .
Section 2933 VARIANCE PROCEDURES
( 1 ) The Building Board of Adjustment and Appeals as established by the
(appeal board)
City of Fayetteville shall hear and render judgment on requests for
( local unit)
variances from the requirements of these regulations .
( 2 ) The Building Board of Adjustment and Appeals shall hear and render
(appeal board)
judgment on an appeal only when it is alleged there is an error in any
requirement , decision , or determination made by the Building Inspection
( local administrator)
Superintendent in the enforcement or administration of these regulations .
( 3) Any person or persons aggrieved by the decision of the Building Board
(appeal board)
of Adjustment and Appeals may appeal such decision in the courts of
competent jurisdiction .
(4 ) The Building Inspection Superintendent shall maintain a record of
( local administrator)
all actions involving an appeal and shall report variances to the Federal
Insurance Administration upon request .
(5) Variances may be issued for the reconstruction , rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places , without regard to
the procedures set forth in the numbered paragraphs 6 , 73 8 and 9 of
this section ( 2933) .
(6) Generally , variances may be issued for new construction and substantial
improvements to be erected on a lot of one- half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
= 932 159
(8)
( 7 ) Upon consideration of the factors noted above and the intent of
these regulations , the Building Board of Adjustment and Appeals may
(appeal board)
attach such conditions to the granting of variances as it deems necessary
to further the purpose and objectives of Sections 2902 and 2903 of these
regulations .
(8 ) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result .
(9) Prerequisites for granting variances :
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary , considering the flood hazard , to
afford said relief .
(b) Variances shall only be issued upon :
( i) a showing of good and sufficient cause ,
( ii ) a determination that failure to grant the variance
would result in exceptional hardship to the applicant , and
( iii ) a determination that the granting of a variance will
not result in increased flood heights , additional threats
to public safety , extraordinary public expense , create
nuisances , cause fraud on or victimization of the public ,
or conflict with existing local laws or ordinances .
(c) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be built
with a lowest floor elevation feet 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 .
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
Section 2940 GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required :
( 1 ) All new construction and substantial improvements shall be
anchored to prevent flotation , collapse or lateral movement of the
structure ;
( 2 ) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage ;
(3 ) All new construction or substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage ;
(4 ) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system ;
(5) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharges from the systems into flood waters ; and
( 6) On site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding .
Section 2941 SPECIFIC STANDARDS FOR CONSTRUCTION
In all the special flood hazard areas , as set out in the 1971 flood study
and the City FHBM documents referred to in Section 2921 of these regulations ,
the following provisions are required :
1932 169
( 9)
( 1 ) Residential Construction - - any type of residential construction
such as new construction , prefab construction or any substantial
improvements to a structure shall be such that the residential structure
shall have the lowest habitable floor , including basement , elevated
with a minimum " freeboard" of two ( 2 ) feet above the base flood
elevation . A registered professional engineer , architect , or land
surveyor shall submit a certification to the Building Inspection
( local administrator)
Superintendent that the standard of this subsection is satisfied .
( 2) Non-residential construction - - any type of non-residential construction
such as new construction , prefab construction or any substantial improve-
ments to a structure shall be such that the commercial , industrial or
other non-residential structure shall either have the lowest habitable
floor , including basement , elevated with a minimum "freeboard" of two
( 2) feet above the base flood elevation or , together with attendent
utility and sanitary facilities , be floodproofed so that below the base
flood level the structure is water tight 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 submit a certification to the Building Inspection Superintendent
( local administrator)
that the standards of this subsection are satisfied .
(3) Mobile Homes
(a) No mobile home shall be placed upon any property which is
located in a floodway or in any special flood hazard area of the
City unless the concrete pad upon which the mobile home is to be
placed is elevated two (2 ) feet above the base flood elevation ,
except in an existing mobile home park or existing mobile home
subdivision .
(b) All mobile homes hereafter placed upon any property in the
City including property in an existing mobile home park or existing
mobile home subdivision where that property is not elevated two ( 2 )
feet above the base flood elevation provisions shall be made so that
the mobile home shall be anchored to resist flotation , collapse , or
lateral movement . Specific requirements shall be :
(i ) over- the- top ties at each of ' the four corners of the
mobile home , with two additional ties per side at intermediate
locations and mobile homes less than 50 feet long requiring
one additional tie per side ;
(ii ) frame ties at each corner of the home with five additional
ties per side at intermediate points and mobile homes less
than 50 feet long requiring four additional ties per side ;
(iii) all components of the anchoring system be capable of
carrying a force of 4 , 800 pounds ;
(iv) any additions to the mobile home be similarly anchored .
(c) Mobile homes or any substantial improvements to a mobile home
which is located in a new mobile home park or a new mobile home
subdivision shall have the lowest habitable floor of that mobile
home structure or addition elevated with a minimum " freeboard" of
two ( 2) feet above the base flood elevation .
Section 2942 STANDARDS FOR SUBDIVISION PROPOSALS
( 1 ) All subdivision. proposals shall be consistent with Sections 2901 ,
2902 , and 2903 of these regulations .
(2 ) All proposals for the development of subdivisions shall meet
Development Permit requirements of Sections 2924 and 2932 , and the
provisions of Sections 2940 and 2941 of these regulations .
932 161
' .
. .
( lo )
( 3 ) Base flood elevation data shall be provided to
the City Building Ins action Su erintendent by the
loca administrator
developer of any proposed development as well as any
subdivision proposals such as mobile home subdivisions ,
residential subdivisions , commercial subdivisions and
industrial subdivisions .
( 4 ) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards .
( 5 ) All subdivision proposals shall have public
utilities and facilities such as sewer , gas , electrical ,
and water systems located and constructed to minimize
flood damage .
Section 2943 PENALITES
The penalty for violation of any part of these regulations
shall be the same as that set out in Section 1- 5 ( General
penalty for violations of code ; continuing violations )
of the Fayetteville Code of Ordinances .
CERTIFICATE OF RECORD
NATE OF ARKANSAS ) SS.
WashingtonCounty ]
I, Alma L. Kol'mey_r, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or ore-
dy
going instrument was filed fpr recor ,irY offic and the same Is_�
r c
ot� —1 ��at
r cord at page+
duly recorded in 19 '
Witness my hand and seal this �L MEY
Circuit and
officio Record
BY Deputy Clerk
932 X62
STATE of ARKANSAS 1
Countyof
(WAas_hington
ty
I, ..... . . .. .... _ .__.. �!�J . .. . ._. ..... hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than
four pages of five columns each, published at a fixed place of business and at
a fixed (daily) Intervals continuously in the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what is
ORDINANCE NO. earn considered the value of the publication, based upon the news value and
AN ORDINANCE AMENDING sec- service value it contains, that at least fifty percent of the subscribers
CON ens OF THE EAl" TO ADOPT
thereto have paid cash for their subscriptions to the newspaper or its agents
CODE OF OF THE
TO ADOPT'
A CODE. OF FLOOD PLAIN BUILDING or through recognized news dealers over a period Of at least six months;
AND DEVELOPMENT REGULATIONS
and that the said newspaper publishes an averse of more than tort
FOR THE CITY OF T REGULATIO. P g y p0rC0IIt
BE IT Oq DABNXID BY TRE HocS, new matter.
OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Se( ron I. That Semon 6-w a we I further certify that the legal notice hereto attached in the matter of
Fayetteville Code of Ordinances is
hereby amended to read as follows:
Sec. 6 K Code of flood plain building
and develepment regusitMm adppted, ^ `�
__ _
There is hereby adopted by ——--------------_-------__.-.--(/'� ---_...._
_ .____—L ----- _ ---- -------------
reference thereto as it net a yet.
herein the poi Flood a n Building
ante'd e � of Flood Praia needing was published in the JJregular dally issue of said newspaper ton......._.._..__. _.__.
and IlPr41a, Of nl d CAi f s ll be cessec tUlge tr eertionplas follows:
ma tined of said COM shell be
maintained on R4 W the Office of ,"], �
we ion.Y clerk. The first insertion on the __.f-�e..---- day of )kf_l'+, ---------- 19...
Section 2. A copy a e [ Plain !/
Building
Coe of Fbeg Plain
Barking end DevelopmentA", isat ched hereto
and! ma ea pa ^er is attached hereto the second Insertion on the ________ - - - _ day of ......--_-____.._. 19---__----.
aM make apart hereof.
Section t The Bond the
DPresens
hereby delermlica that me present the third insertion on the .____--_-- - ____.--. flay of -_._._--------.-- 19------
regulations applicable to building and
eevelopmrnt in the, Rood plain need
In be nla'i iek and that such clarification and the fourth insertion on the 9..--..________ day of ..-_.(_--...__..__.. 119-----
O necessary Is for the public health `/��s+s.Wr�J 1 •
mfetY. and we fare. Therefore, an
and Mi.gcY is hereby being
xxdeclared sa es for
and thin ordinaries health.
being pad del for
Me public i health, misty and welfare,
ahall ft in NII forte and effect from
and after its wasaXe.
PASSED AND APPROVED TRIG g Sworn to and subscribed before me on this
DAY OF May, Irl. .... flay Of .__..._.._
APPROVED
Ernest E. Lancaster
ATTEST:
MAYOR _....._---------
---
�
Darlene Westbrook - - I
CITY CLERK
I Tc 23
No y Pablfc
My Commission Expires :
Fees for Printing ----.._
Cost of Proof ____-__.-- _........
q___-----------.
Total =_..1./y.�