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TITLE 14
ZONING
Chapters:
14.04 Flood Management Control
14.06 Flood Damage Prevention Code 14.08 Mobile Home Lots
14.12 Factory-Built Residential Structures 14.16 Land Use Zoning Ordinance
14.20 Annexing, Vacating and Re-Zoning
CHAPTER 14.04
FLOOD MANAGEMENT CONTROL
Sections:14.04.01 14.04.02 14.04.03 14.04.04 14.04.05 14.04.06 14.04.07 14.04.08 14.04.09 14.04.10 14.04.11 / Cited
Definitions
Adoption of map
Administration
Applicant
Location
Construction in flood zone
Planning Commission approval
Water/sewer construction
Penalty clause
No permits to issue
14.04.01 Cited. This ordinance shall be cited and referred to as the "Flood Management Control Ordinance." (Ord. No. 204, Sec. 1)
14.04.02 Definitions
Person shall mean any individual, partnership, firm, corporation, association or public-owned corporation.
Flood-prone area shall mean the area designated by the Department of Housing Urban Development or its engineers and designated on an official map provided by the said Department of Housing Urban Development or its engineers as especially prone to flooding during periods of extensive rainfall.
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Subdivision shall mean any division of a tract of real property into more than one (1) lot or tract for placement of a building unit.
Facility shall mean any new residential, commercial, industrial or institutional structure or any drainage structure, water distribution system or storm sewage collection system or improvement thereto; provided, however, that drainage tiles of fifteen (15) inches in diameter or less designed to serve as access to residential property shall not be affected hereby. (Ord. No. 204, Sec. 2)
14.04.03 Adoption of map. The official map designating the flood-prone areas of the city of Lincoln is hereby adopted in its entirety by incorporation by reference and a copy thereof is attached hereto. (Ord. No. 204, Sec. 3)
14.04.04 Administration. The Building Inspector of the city of Lincoln shall be the administrative officer in charge of the enforcement of the provisions hereof and shall have the authority to promulgate written rules, regulations necessary for an incident to the enforcement of the provisions of this ordinance. (Ord. No. 204, Sec. 4)
14.04.05 Applicant. Any person who intends to install any public or private facility, whether residential, commercial, industrial, institutional or for the public use, shall make application for and obtain a building permit. Such person shall be referred to hereinafter as the "Applicant." (Ord. No. 204, Sec. 5)
14.04.06 Location. The applicant shall set forth in the application whether or not the proposed facilities is within the official flood-prone area of the city of Lincoln, Arkansas, and the Building Inspector shall make an independent written factual determination whether or not the proposed facility is within such flood-prone area. In the event that the site proposed by the applicant for use is not within the flood-prone area, then the Building Inspector shall issue a building permit; provided, however, that the application is in conformity with all other municipal ordinances dealing with the issuance of building permits. in the event that the site proposed by the applicant for use is not within the flood-prone area, then the applicant shall make an affirmative showing that the proposed facility shall have no affect on the flood-prone area. If the Building Inspector finds as a matter of factual determination that the proposed facility does have an affect on the flood-prone area, then the provisions and requirements in Section 14.04.07 (a) through (d) shall apply. (Ord. No. 204, Sec. 6)
14.04.07 Construction in flood zone. In the event that the site upon which the construction or installation of the facilities proposed is within the flood-prone area, the applicant shall be required to make an affirmative showing that:
Construction materials and utility equipment proposed for use are resistant to flood damage.
Construction methods and practices are proposed which will minimize flood
damage.-186-
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All such facilities proposed for construction are anchored to prevent flotation, collapse or lateral movement of the structure.
The structure proposed for installation or construction is designed in such a way as to minimize or eliminate infiltration of flood waters into the structure. (Ord. No. 204, Sec. 7)
14.04.08 Planning Commission approval. No building permit shall be issued for construction of any facility in any sub-division until an application for acceptance has been submitted to the Lincoln Planning Commission by a subdivider of a proposed development. In making such application, an applicant must make an affirmative showing before the Planning Commission that:
All such proposals are consistent with the need to minimize flood damage.
All public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage and
Adequate drainage is provided so as to reduce exposure to flood hazards, both within and without the sub-division.
No such development of a sub-division shall he lawful in the City of Lincoln until the application has been approved by resolution of the Planning Commission. (Ord. No. 204, Sec.
14.04.09 Water/sewer construction. No new or replacement water distribution system and/or sanitary sewage system shall be designed in such a way as to encourage the infiltration of flood waters into the system and on site waste disposal systems shall be located and constructed so as to avoid impairment of them or contamination from them during flooding. It is the express intent of the City Council of the city of Lincoln, Arkansas, that the provisions hereof shall be applicable to actions by the public, as well as to private entities. (Ord. No. 204, Sec. 9)
14.04.10 Penalty clause. Any person who is found to be in violation of the provisions hereof, shall be guilty of a misdemeanor and shall be subject to a fine of not less than Five Dollars ($5.00) nor more than Twenty-Five Dollars ($25.00) and each day a violation exists shall constitute a separate offense. Any city employee who violates any provision hereof or any other person who intentionally violates any provision hereof, shall be deemed guilty of a misdemeanor and shall be fined an amount of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) and in addition may be sentenced to a term of no more than ten (10) days in the Lincoln City or Washington County Jail. (Ord. No. 204, Sec. 10)
14.04.11 No permits to issue. No building permit shall be issued by the building Inspector until the procedures set forth in Sections 14.04.05, 14.04.06, 14.04.07 and 14.04.08 shall have been complied with. (Ord. No. 204, Sec. 11)
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CHAPTER 14.06
FLOOD DAMAGE PREVENTION CODE
Sections:
14.06.01Adopted by reference
14.06.02Abrogation and greater restrictions
14.06.03Interpretation
14.06.04Warning and disclaimer of liability
14.06.05Compliance
14.06.06Penalty for non-compliance
14.06.01 Adopted by reference There is hereby adopted by reference a "Flood Damage Prevention Code for Lincoln, Arkansas," dated May 16, 2008. The code shall include:
ARTICLE 1 DEFINITIONS
ARTICLE 2 ADMINISTRATION
ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION
A copy of the referenced code shall be filed in the office of the Building Official and shall be available for inspection and copying by any person during normal office hours. (Ord. No. 2008-7, Sec. 6.)
14.06.02 Abrogation and greater restrictions This ordinance does not repeal, abrogate. or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this ordinance and another ordinance, easement, covenant, or deed restriction, the instrument with the more stringent restrictions applies. (Ord. No. 2008-7, Sec. 7.)
14.06.03 Interpretation In the interpretation and application of this ordinance, all provisions must:
Be considered as minimum requirements;
Be liberally construed in favor of the governing body; and
Be deemed to neither limit nor repeal any other powers granted under state statutes. (Ord. No. 2008-7, Sec. 8.)
14.06.04 Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes. Documented scientific and engineering data from the basis for these requirements. On rare occasions, flooding events
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greater than those considered for this ordinance will occur. In addition, flood heights may increase over time due to man-made or natural causes. This ordinance does not imply that land outside Special Flood Hazard Areas will be free from flooding, nor that strict adherence to this ordinance protects uses permitted within Special Flood Hazard Areas from all flood damages. This ordinance specifically does not create liability on the part of the community, nor any official or employee of the community, for any flood damages that result while strictly following this ordinance, or from any lawful administrative decision made under the provisions of this ordinance. (Ord. No. 2008-7, Sec. 9.)
14.06.05 Compliance Constructing, locating, substantially altering or changing the use of any structure or land after the effective date of this ordinance requires full compliance with the provisions of this ordinance and all other applicable regulations. (Ord. No. 2008-7, Sec. 10.)
14.06.06 Penalty for non-compliance Flood hazards are reduced by compliance with the provisions of this code. Accordingly, enforcement of this ordinance discourages non-compliance and is a recognized mechanism for flood hazard reduction.
The Floodplain Administrator must enforce the provisions of this ordinance and is authorized to:
Issue cease and desist orders on non-compliance floodplain development projects; Issue citations for non-compliance;
Request that FEMA file a 1316 Action (Denial of Flood Insurance) against noncompliant properties; and
Take any other lawful action necessary to prevent or remedy any instance of noncompliance with the provisions of this ordinance.
1.It is a misdemeanor to violate or fail to comply with any provision of this
ordinance.
Any person found, in a court of competent jurisdiction, guilty of violating this ordinance is subject to fines of not more than Five Hundred Dollars ($500.00) per day for each violation; in addition, the defendant is subject to payment of all associated court costs and costs involved in the case. (Ord. No. 2008-7, Sec. 11.)
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CHAPTER 14.08
MOBILE HOME LOTS
Sections:
14.08.01Minimum lot size requirements
14.08.02Minimum set-back and lot widths
14.08.03Mobile home foundations
14.08.04Sewage disposal
14.08.05Penalties
14.08.06Moratorium on permits for mobile homes
14.08.01 Minimum lot size reouirements.
From and after the passage of this ordinance, it shall be unlawful for any person, firm, corporation or other legal entity to erect, move, place or transport for use as a dwelling, whether temporarily or permanently, any mobile home, house trailer or other movable dwelling to or upon any lot, tract or area within the corporate limits of the city of Lincoln, unless such lot, tract or area shall contain a minimum of ten thousand (10,000) square feet of space. flit is the express intention of the City Council of the City of Lincoln, Arkansas, that where multiple trailers are placed on a tract of land, there shall be ten thousand (10,000) square feet of real property for each mobile home unit or other-dwelling constructed thereon."
No mobile home, house trailer or other movable structure shall be placed upon any lot, tract or other area where there is an existing dwelling of any kind, unless the overall size of said lot, tract or area exceeds twenty thousand (20,000) square feet of space. No dwelling or any kind may be erected or placed upon any lot, tract or area where a mobile home, house trailer or other movable dwelling exists or sits unless the overall size of said lot, tract or area exceeds twenty thousand (20,000) square feet of space. (Ord. No. 175, Sec. 1 as amended)
14.08.02 Minimum set-back and lot widths.
No mobile home, house trailer or other movable dwelling shall be placed within five (5) feet of the sides of any lot, tract or area, nor within thirty (30) feet of the front line of said lot, tract or area.
No mobile home, house trailer or other movable dwelling shall be placed closer to any street than any existing dwelling immediately adjacent to the lot, tract or area
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upon which a mobile home, house trailer or other movable dwelling is to be located, notwithstanding the provisions of Section 14.08.02 (a). (Ord. No. 175, Sec. 2)
14.08.03 Mobile home foundations. All mobile homes, house trailers or other movable dwellings hereafter erected, placed, moved or transported to a place of permanence within the corporate limits of the city of Lincoln shall be placed on a solid footing of concrete, a pad of concrete or asphalt and in addition, must be sufficiently anchored to prevent their upset. (Ord. No. 175, Sec. 3 as amended)
14.08.04 Sewage disposal. All mobile homes, house trailers or other movable dwellings shall be connected to city water and sewers if available. If a city sewer is unavailable, said mobile home, house trailer or other movable dwelling must be connected to a septic tank the installation and quality of which must be approved by the Arkansas State Health Department. (Ord. No. 175, Sec. 4)
14.08.05 Penalties. Any person found guilty of violating any part of this ordinance shall be fined not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) and each day the violation continues shall constitute a separate offense. In addition, the City Building Inspector shall refuse to issue a permit to any person found guilty of violating the provisions of this ordinance. (Ord. No. 175, Sec. 5)
14.08.06 Moratorium on permits for mobile homes
From and after the effective date hereof no city official or employee shall issue or allow to be issued a permit for the placement of any mobile home, manufactured home or modular home, as the same may be defined by A.C.A. 26-52-801; A.C.A. 20-25-102(8); or A.C.A. 26-52-504(C), except in an approved mobile home park.
From and after the effective date hereof, no city official or employee shall permit the connection of city utility services to any new mobile home, manufactured home or modular home as the same are defined by the foregoing statues, except in an approved mobile home park. (Ord. No. 03-10, Sec. 1.)
The current moratorium on the placement of mobile homes, pre-fabricated homes and modular homes should be and is hereby extended to March 8, 2004. (Ord. No. 03-19, Sec. 1.)
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CHAPTER 14.12
FACTORY-BUILT RESIDENTIAL STRUCTURES
Sections:
14.12.01Title
14.12.02Definitions
14.12.03Placement
14.12.04Certificate of occupancy
14.12.05Previously occupied housing
14.12.06Site development
14.12.07Aesthetic requirement
14.12.08Penalty
14.12.01 Title This ordinance shall be known as the Factory-Built Residential Structure Ordinance of 2004. (Ord. No. 04-4, Sec. 1.)
14.12.02 Definitions
Modular home, manufactured home and mobile home shall have the same meaning that is articulated in Act 365 of the 2003 Acts of Arkansas. Collectively they are and shall be known as factory built residential structures.
Permanent structures shall mean conventional housing built on a concrete slab or permanent foundation that is subject to the provisions of the International Residential building code, 1 & 2 Family Dwelling.
Person shall mean any individual, corporation or other governmental or private entity.
All other words and phrases used herein shall be accorded their usual dictionary meaning for purposes of interpretation and enforcement. (Ord. No. 04-4, Sec. 2.)
14.12.03 Placement From and after the effective date hereof, modular and manufactured homes, as the same are defined in Ord. No. 2004-2, may be placed only in an R-3 or A-1 zone within the city limits. (Ord. No. 2006-9, Sec. 1.)
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14.12.04 Certificate of occupancy No permanent utility service shall be provided to any occupant and no person may occupy a mobile home, manufactured home or modular home until the City Inspector has issued a certificate of occupancy for such factory built residential
structure. Any utility provider that provides such service and any occupant who receives such service in violation of this ordinance shall be subject to a fine of not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) per day for each day the violation exists. (Ord. No. 04-4, Sec. 4.)
14.12.05 Previously occupied housing No previously occupied modular, manufactured or mobile home shall be allowed placement inside the city limits, except within designated mobile home parks. (Ord. No. 2007-9, Sec. 1.)
14.12.06 Site development
A person placing a modular home or manufactured home at a qualified location in the city shall place the same so that the entry• to the dwelling faces the street along which the home is located with a covered front porch oriented toward the front yard. The structure shall have a minimum dimension of twenty (20) feet on any side.
Skirting shall be installed on mobile homes and when required, skirting shall be of the same or like exterior material covering the mobile home.
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Exterior enclosure material for all manufactured home installations or construction is required and shall be constructed of rock, brick or concrete. The roof of a manufactured or modular home shall have 4 x 12 pitch as a minimum and be constructed of ridged metal or composition shingles.
Setback requirements applicable to permanent structures in a residential zone shall have equal application to modular and manufactured homes. (Ord. No. 04-4, Sec. 6.)
14.12.07 Aesthetic requirement Whenever a modular home or manufactured home is approved for placement in a particular zone, the City Inspector shall require that the person placing the home take all necessary steps to assure that improvements in appearance of the placed home are made that bring the newly placed home aesthetically compatible with the most attractive structure within 200 feet of each lot line. (Ord. No. 04-4, Sec. 7.)
14.12.08 Penalty In addition to the penalty prescribed in 14.12.05 any person who violates nay other provision of this ordinance shall be guilty of a violation and may be fined to the extent allowed by law and each day such violation shall exist shall constitute a separate count of the same offense. (Ord. No. 04-4, Sec. 8.)
CHAPTER 14.16
LAND USE ZONING ORDINANCE
Sections:
14.16.01Zoning ordinance adopted
14.16.02Incorporation by reference
14.16.03Publication available for public inspection