HomeMy WebLinkAboutOrdinance No. O05-15ORDINANCE NO. O05-15
AN ORDINANCE CREATING TITLE 14 AND AMENDING TITLE 15 OF THE LAUREL
MUNICIPAL CODE FOR THE PURPOSE OF UPDATING THE CODES ADOPTED
AND ENFORCED BY THE CITY OF LAUREL.
WHEREAS, the State of Montana requires local governments to certify and update their local
building code enforcement programs in accordance with MCA § 50-60-302 and ARM 24.301.207; and
WHEREAS, the City's Codes currently require updating for compliance with the State Law.
NOW, THEREFORE, BE IT ORDAINED, bythe Laurel City Council that Title 14 is hereby
created and adopted as follows:
TITLE 14
Buildings and Construction
Chapter 14.04
CONSTRUCTION BOARD OF APPEALS
Sections:
14.04.010: Board Created.
14.04.020: Duties.
14.04.030: Ex Officio Members.
14.04.040: Failure to Comply.
14.04.010 Board created.
A. There is created a board of appeals consisting of five qualified persons appointed by the mayor, who
shall hold office for a two-year term.
B. All board o f appeals provided in any uniform code adopted by the city under this title or referenced
elsewhere in this code, are replaced by the board described in subsection A of this section. (Ord.03-3,
2003; Ord.99-12 (part), 1999: prior code § 5.72.010)
14.04.020 Duties.
The board of appeals shall:
A. Hear, make findings and decide all appeals arising out of the enforcement of the codes;
B. Adopt roles and regulations for conducting its investigations;
C. Render all decisions and findings in writing to the enforcing officer of the particular code with a
duplicate copy to the appellant;
D. Recommend to the mayor such new legislation as is consistent with its findings and decisions;
E. Notify the appellant that failure to comply with the board's decision within ten days or within a
reasonable time set by the board, will result in the filing ora complaint in the city court to compel
F. Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the
administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
(Ord.99-i2 (part), 1999: prior code § 15.72.020)
O05-15 Titles 14& 15
14.04.030 Ex-Officio Members.
The official designated in the uniform code as an ex officio member of the board provided in said uniform
code shall be an ex officio member of the board established under this title. (Ord.99-12 (part), 1999: prior
code § 15.72.030)
14.04.040 Failure to comply.
Once the board o f appeals has made its decision the appellant shall comply with such decision. Upon
failure to comply a complaint may be filed with the enforcing official in the city court. (Ord.99-12 (part),
1999: prior code § 15.72.040)
Chapter 14.12
INTERNATIONAL BUILDING CODE, 2003 EDITION
Sections:
14.12.010: Adoption.
14.12.010 Adoption.
The International Building Code, 2003 Edition, is adopted by and declared to be the building code of the
city for the purpose of regulating the erection, construction, demolition, occupancy, equipment, use, height,
area, remodeling and maintenance of all buildings and other structures within the municipality or within the
city building inspector's jurisdictional area as may hereafter be established and approved by the state of
Montana and adopted by the city.
One full printed copy of the code shall be available in the offices of the city. The Intemational Building
Code is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as
though set forth herein at length. It shall be known and designated as the "International Building Code" of
the City. (Ord.99-5 (part), 1999: Ord.96-7, 1996: Ord.94-4, 1994: Ord.960, 1990: Ord. 853, 1986: prior code
§ 15.04.010)
Chapter 14.16
INTERNATIONAL RESIDENTIAL BUILDING CODE, 2003 EDITION
Sections:
14.16.010: Adoption.
14.16.010 Adoption.
The International Residential Building Code, 2003 Edition, is adopted by and declared to be the
International Residential Building Code of the city for the purpose of regulating the fabrication, erection,
construction, enlargement, alteration, repair, location, use and remodeling of detached one- and two-family
dwellings, their appurtenances and accessory structures within the municipality or within the city building
inspector's jurisdictional area as may hereafter be established and approved by the state of Montana and
adopted by the city.
One full printed copy of the code shall be available in the offices of the city. The International
Residential Building Code, 2003 Edition, is adopted by reference and made a part of this chapter as fully,
and for all intents and purposes, as though set forth herein at length. It shall be known and designated as
"International Residential Building Code" of the City. (Ord.99-7 (part), 1999: Ord.96-8, 1996: Ord.94-1,
1994: Ord.963, 1990: prior code § 15.06.010)
O05-15 Titles 14 & 15
Chapter 14.18
INTERNATIONAL EXISTING BUILDING CODE, 2003 EDITION
Sections:
14.18.010: Adoption.
14.18.010 Adoption.
A. The International Existing Building Code, 2003 edition is adopted by and declared to be the building
conservation code of the city.
B. One full printed copy of the code shall be available in the offices of the city. The International
Existing Building Code, 2003 Edition, is adopted by reference and made a part of this chapter as fully, and
for all intents and purposes, as though set forth herein at length. It shall be known and designated as the
"International Existing Building Code" of the City. (Ord.99-15 (part), 1999)
Chapter 14.20
UNIFORM PLUMBING CODE
Sections:
14.20.010: Adoption.
14.20.010 Adoption.
A. The Uniform Plumbing Code, 2003 Edition, is adopted by and declared to be the
plumbing code of the city for the purpose of regulating the installation, alteration or repair
of plumbing and drainage systems, and the inspection thereof..
B. One full printed copy of the code shall be available in the offices of the city. The
Uniform Plumbing Code, 2003 Edition, is adopted by reference and made a part of this
chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall
be known and designated as the "Uniform Plumbing Code" of the City. (Ord.00-5, 2000;
Ord.99-8 (part), 1999: Ord.94-3, 1994: Ord.962, 1990: Ord.856, 1986: prior code §
15.16.010)
BE IT FURTHER ORDAINED THAT the City Council authorizes subsequent additions of the currently
adopted building codes contained in Title 14 by Administrative Order of the Mayor; and
FINALLY, BE IT FURTHER ORDAINED THAT Title 15 of the Laurel Municipal Code be and the
same is hereby adopted to reed as follows:
TITLE 15
Miscellaneous City Requirements
For Homes, Buildings, and Construction
Chapter 15.10
DISPLAY OF ADDRESS NUMBERS
Sections:
15.10.010: Display of Address Numbers Required.
15.10.020: Authority of Director of the Public Works Department to Designate.
O05-15 Titles 14 & 15
15.10.030: Records to be Kept.
15.10.040: Applicable to New Construction.
15.10.050: Specifications.
15.10.060: Alternative Display Required When.
15.10.070: Compliance Required.
15.10.080: Violation~Penalty.
15.10.010 Display of Address Numbers Required.
All houses, buildings or structures used or intended for use as a living quarters or as a place for the
conduct of business in the city or the city's building permit jurisdictional area shall have a designated
address number conspicuously displayed above or near a door or entrance that faces a public or private
street. (Ord.99-13 (part), 1999:Ord.910 (part), 1987: prior code §15.14.010(1))
15.10.020 Authority of director of the public works department to designate.
The director of the public works department, or his designee, shall designate the proper address numbers
for all houses, buildings or structures required to be numbered by Section 15.10.010. The director of the
public works department, or his designee, shall have the power to change such numbers when, in his
judgment, such change is necessary to avoid or eliminate confusion with other numbers. (Ord.99-13 (part),
1999:Ord.910 (pm), 1987: prior code § 15.14.010(2))
15.10.030 Record to be kept.
The director of the public works department, or his designee, shall keep a record of all proper address
numbers and shall furnish such numbers to any person requesting the same. (Ord.99-13 (pm), 1999:
Ord.910 (part), 1987: prior code § 15.14.010(3))
15.10.040 Applicable to new construction.
Any person erecting or remodeling any house, building or structure required to be numbered by Section
15.10.010 shall ascertain from the director of the public works department, or his designee, the proper
address number for such house, building or structure and shall display the number as provided by this
chapter. (Ord.99-13 (part), 1999:Ord.910 (part), 1987: prior code § 15.14.010(4))
15.10.050 Specifications.
All address numbers shall be displayed with Arabic numerals, which shall be a minimum of three and
one-half inches and a maximum of eighteen inches in height having a minimum stem width of one-half inch
and shall be ora contrasting color with the building. No address number shall be obscured from view by
vegetation, screening or other means. (Ord. 99-13 (part), 1999:Ord.910 (part), 1987: prior code §
15.14.010(5))
15.10.060 Alternative display required when.
A different method of address display may be required by the director of the public works
department for a house, building or structure which is located further from a street than the
normal front yard setback. (Ord.99-13 (pa~I), 1999:Ord.910 (part), 1987: prior code §
15.14.010(6))
15.10.070 Compliance required.
Any person owning, leasing, occupying or maintaining any house, building or structure which has no
number displayed thereon, which displays an incorrect number, or violates this chapter in any way, when
O05-15Tifles 14& 15
so informed and notified by the director of the public works depmtment shall put up a number so that the
proper number will be displayed, or shall take any necessary action to comply with this chapter, within
the time specified in the notice. (Ord.99-13 (part), 1999:Ord.910 (part), 1987: prior code § 15.14.010(7))
15.10.080 Violation--Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon
conviction thereof is punishable by a fine not exceeding twanty-five dollars. Each such person shall be
guilty ora separate offense for each and every day during any portion ofwhiub any violation of any
provision of this chapter is committed, continued or permitted by such person, and may be punished
accordingly. (Ord.99-13 (part), 1999:Ord.910 (part), 1987: prior code § 15.14.010(8))
Chapter 15.20
FENCE PERMITS
Sections:
15.20.010: Permit required--Application--Fee.
15.20.020: Enforcement--Vio lation~Penalt y.
15.20.010 Permit required Application~Fee.
A. No person shall erect, construct, enlarge or replace any fence until a fence permit for
such work has been issued by the building department. No such perafit shall be valid unless
the proposed work is in compliance with all other applicable provisions of this code.
B. Whenever any work for which a fence permit is required hereunder has been
commenced without first obtaining the perm/t, then the building inspector may conduct a
special investigation before a permit may be issued for such work.
C. Whenever special investigation is required hereunder, the fee for such investigation
shall be twanty-five dollars, and shall be in addition to the permit fee. (Ord.99-14 (part),
1999: Ord.943, 1988: prior code § 15.14.010)
15.20.020 Enforcement--Violation--Penalty.
A. This chapter shall be enforced by the building inspector or his assistants
B. If on inspection, the condition or placoment of a fence is found not to comply with the
requirements of this code, the building inspector shall issue written notice to the owner,
specifying the nonconformity and require the owner to correct the same, as directed by the
building inspector.
C. Any person violating a provision of this chapter may, upon conviction thereot~ be
punished as set forth in Section 1.36.010 of this code. (Ord.99-14 (part), 1999: Ord.944,
1988: prior code § 15.14.020)
Chapter 15.30
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.30.010: Adoption.
15.30.020: Updated references.
15.30.010 Adoption.
O05-15 Titles 14 & 15
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published
by the International Conference of Building Officials, together with any appendix or
subsequent amendments or additions thereto, adopted or as may be adopted in the future by
the City of Laurel is adopted by and declared to be the abatement of dangerous building
code of the City.
One full printed copy of the code shall be available in the offices of the City. The
aforesaid, uniform abatement of dangerous building code is adopted by reference and made
a part of this chapter as fully, and for all intents and purposes, as though set forth herein at
length. It shah be known and designated as the "Abatement of Dangerons Buildings Code"
of the City. (Ord.99-18 (part), 1999: Ord.96-10, 1996: Ord.964, 1990: Ord. 871, 1986: prior
code § 15.44.010)
15.30.020 Updated references
The Abatement of Dangerons Buildings Code described in Section 15.30.010 may be
amended by Resolution or Administrative Order of the Mayor. (Ord.99-18 (part), 1999:
Ord.872, 1986: prior cede §15.44.020)
Chapter 15.40
SIGN CODE
Sections:
15.40.010
15.40.020
15.40.030
15.40.040
15.40.050
15.40.060
15.40.070
15.40.080
15.40.090
15.40.100
15.40.110
15.40.120
15.40.130
15.40.140
15.40.150
15.40.160
15.40.170
Adoption.
Updated references.
Intent.
Definitions.
Signs prohibited.
Portable and banner signs.
Signs not requiring permits.
Entryway Zoning District.
Calculation of sign area.
Ma'mtenance.
Lighting.
Changeable copy.
Signs permitted (exceptions to this section are noted in the Entryway Zoning
District).
Shopping center signs (exceptions to this section are noted in the Entryway
Zon'mg District).
Common signage plan.
Noneonform'mg signs.
Construction specifications.
15.40.010 Adoption.
The Uniform Sign Code, 1997 Edition, published by the International Conference of
Building Officials, together with any appendix or subsequent amendments or additions
thereto, adopted or as may be adopted in the future by the City o f Laurel, is 15.40.010
adopted by and declared to be the sign code of the City.
O05-15 Titles 14 & 15
One full printed copy of the code shall be available in the offices oftha city. The
aforesaid, Uniform Sign Code is adopted by reference and made a pm of this chapter as
fully, and for all intents and purposes, as though set forth herein at length. It shall be known
and designated as the "Uniform Sign Code" of the City. (Ord.99-10 (part), 1999:Ord. 96-1I,
1996: Ord. 859, 1986: prior code § 15.52.010)
15.40.020 Updated References.
The sign code described in Section 15.40.010 may be mended by Resolution or
Administrative Order of the Mayor. (Ord.99-10 (part), 1999: Ord.860, 1986: prior code §
15.52.020)
15.40.030 Intent.
This code shall not regulate official traffic or government signs; the copy and message of
signs; signs not intended to be viewed from a public fight-of-way; window displays;
product dispensers and point of purchase displays; scoreboards on athletic fields; flags of
any nation, government or fraternal organization; gravestones; barber poles; religions
symbols; or any display or construction not defined in this chapter as a sign. (Ord.02-32
(part), 2003)
15.40.040 Definitions.
"Animated sign" means any sign that uses movement or change or lighting to depict
action or create a special effect or scene.
"Area of sign" means the entire area of a sign including the area within a perimeter,
which forms the outside shape including the flame, forming an integral part of the display,
but excluding the necessary supports or uprights on which the sign may be placed. The
frame of a sign may be excluded from the area where such frame conveys no message and
is constructed or affixed for aesthetic reasons beyond the necessary supports.
For computing the areas of any wall or canopy sign, which consists of letters mounted or
painted on a wall or canopy, the area shall be deemed to be the area of the smallest
rectangular figure which can encompass all of the letters. (See below section calculation of
sign area.)
"Banner sign" means any sign (other than an official flag) made of cloth, paper or fabric
of any kind, which is nsed to attract attention, whether or not imprinted with words or
characters.
"Beacon" means any light with one or more beams directed into the atmosphere or
directed at one or more points not on the same lot as the light source; also, any light with
one or more beams that rotate or move.
"Building marker" means any sign indicating the name of a building and date and
incidental information about its construction, which sign is cut into a masonry surface or
made of bronze or other permanent material.
"Canopy sign" means any sign that is a part of or attached to any awning, canopy or other
fabric, plastic or structural protective cover over a door, entrance, window or outdoor
service area, and which does not extend horizontally beyond the limits of the canopy.
"Changeable copy sign" means a sign whose informational content can be changed or
altered by manual or electric, electromechanical or electronic means. Changeable signs
include the following types:
O05-15 Titles 14 & 15
1. Manually Activated. Signs whose alphabetic, pictographic or symbolic information
content can be changed or altered by manual means.
2. Electrically Activated. Signs whose alphabetic, pictographic or symbolic informational
content can be changed or altered on a fixed display surface composed of electrically
illuminated or mechanically driven changeable segments. Electrically activated signs
include the following two types:
a. Fixed Message Electronic Signs. Signs whose basic informational content has been
preprogrammed to include only certain types of information projections, such as time,
temperature, predictable traffic conditions or other events subject to prior programming.
b. Computer Controlled Variable Message Electronic Signs. Signs whose informational
content can be changed or altered by means of computer-driven electronic impulses.
"Copy~' means the graphic content ora sign surface in either permanent or removable
letter, pictographic, symbolic or alphabetic form.
"Directional/informational sign" means an on-premise sign giving directions, instructions
or facility information and which may contain the name or logo of an establishment but no
advertising copy, e.g., parking or exit and entrance signs. The sign may contain a logo
provided that the logo may not comprise more than twenty percent of the total sign.
"Director" means the director of public works of the city of Laurel or his or her designee.
"Flag" means any fabric, banner or bunting containing distinctive colors, patterns or
symbols, used as a symbol ora government, political subdivision or other entity.
"Freestanding sign" means any sign supported by structures or supports that are placed on
or anchored in the ground and that are independent fi.om any building or other structure,
including monument signs.
"Government sign" means any temporary or permanent sign erected and maintained by
the city, county, state or federal government for traffic direction or for designation of or
direction to any school, hospital, historical site or public service, property or facility.
"Height of sign" means the vertical distance measured from the highest point of the sign
to the crown of the adjacent street, not including the interstate highway.
"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of
which have been established by some legal instrument of record, that is recognized and
intended as a unit for the purpose of transfer or ownership.
"Maintenance" means for the purposes of this code, the cleaning, painting, repair or
replacement of defective parts of a sign in a manner that does not alter the structure of the
sign
"Monument sign" means a sign mounted directly to the ground with maximum height not
to exceed ten feet.
"Nonconforming sign" means a sign, which was erected legally, but which does not
comply with subsequently enacted sign restrictions and regulations.
"On-premise sign" means a sign that advertises solely for the property on which it is
located.
"Portable sign" means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not limited to, signs
designed to be transported by means of wheels; signs converted to A or T fi.ames; menu and
sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public right-of-way, unless
said vehicle is used in the normal day-to-day operations of the business.
O05-15 Titles 14 & 15
"Principal building" means a structure accommodating the principal use to which the
property is devoted. Lots with multiple principal uses may have multiple principal
buildings, but storage buildings, garages and other clearly accessory uses shall not be
considered principal buildings.
"Projecting sign" means a sign, other than a wall sign, which is attached to and projects
fi.om a building, wall or other structure not specifically designed to support the sign.
Supports shall be covered in a neat and orderly fashion. Guy wire support is prohibited.
"Roof sign, above-peak" means any sign erected and constructed wholly on and over the
roof ora building, supported by the roof structure, and extending vertically above the
highest portion of the mol.
"Roof sign, integral" means any sign erected or constructed as an integral or essentially
integral pan ora normal roof structure of any design, such that no part of the sign extends
vertically above the highest portion of the roof and such that no part of the sign is separated
fi.om the rest of the roof by a space of more than six inches.
"Setback" means the distance from the property line to the nearest part of the applicable
building, structure or sign, measured perpendicularly to the property line.
"Sign" means any device, fixture, placard or structure that uses any color, form, graphic,
illumination, symbol or writing to advertise, announce the purpose of~ or identify the
purpose of a person or entity, or to communicate information of any kind to the public.
"Street" means a public way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or
however otherwise designated which has been dedicated to or acquired for public use, and
which extends the full width between right-of-way lines.
"Street fi.ontage" means the length of the property line of any one premise along each
public right-of-way it borders excluding alleys, gowrnment easement accesses, and the
interstate highway.
"Suspended sign" means a sign that is suspended fi.om the underside of a horizontal place
surface and is supported by such surface.
"Temporary sign" means a nonpermanent sign erected and maintained for a specific
limited period of time.
"Wall sign" means any sign attached parallel to, painted on the wall surface, or erected
and confined within the limits of an outside wall of any building or structure, which is
supported by such wall or building, and which displays only one sign surface. Wall signs
shall not exceed twenty-two inches in depth measured fi~m the face on the wall on which
the sign is mounted.
"Wind-driven sign" means any sign consisting of one or a series of two or more banners,
flags, pennants, n~obons, spinners, streamers or other objects or material fastened in such a
manner as to move upon being subjected to pressure by wind or breeze.
"Window sign" means any sign, pictures, symbol or combination thercot~ designed to
communicate information about an activity, business, commodity, event, sale or service that
is placed inside a window or upon the window panes or glass and is visible from the
exterior of the window. (Ord.02-32 (part), 2003)
15.40.050 Signs prohibited.
All signs not expressly permitted under this section or exempt from regulation hereunder
in accordance with the following section are prohibited. Such signs include, but are not
limited to:
O05-15 Titles 14 & 15
A. Beacons;
B. Wind-driven signs, except flags as defined in this chapter;
C. Strings of lights not permanently mounted to a rigid background, except those exempt
under the following section;
D. Inflatable signs and tethered balloons;
E. Animated signs;
F. Above-peak roof signs;
G. Abandoned signs;
H. Snipe signs or signs attached to trees, telephone poles, public benches, streetlights, or
placed on any public property or public right-of-way;
I. Signs placed on vehicles or trailers, which are parked or located for the primary purpose
of displaying, said signs (this does not apply to signs or lettering on buses, taxis, or vehicles
operating during the normal course of business). (Ord.02-32 (part), 2003)
15.40.060 Portable and banner signs.
Permits required. It shall be unlawful for any owner or person entitled to possession of
any property or business, or their authorized representatives, to erect, construct, move, or
display a temporary sign or cause the same to be done, without first obtaining a temporary
sign permit fi~om the sign administrator. A temporary sign p~mdt may be issued.
A. To new businesses or to existing businesses which are relocating and shall be limited
in use to one time for no longer than sixty days; or
B. To existing businesses for the purpose of advertising and shall be limited to a
maximum of thirty consecutive days per calendar year. Such thirty-day period may be split
into no more than two separate periods of fifteen consecutive days each. (Ord.02-32 (part),
2003) (Laurel Supp. No. 3, 12-04)
15.40.070 Signs not requiring permits.
The following types of signs are exempted from permit requirements but must be in
conformance with all other requirements of this section:
A. Construction signs of sixteen square feet or less;
B. Special event or holiday lights or decorations;
C. Nameplates of two square feet or less;
D. Public signs or notices, or any sign relating to an emergency;
E. Real estate signs; (see signs permitted, Section 15.40.130(B));
F. Political signs; (see signs pemdtted, Section 15.40.130(D));
G. Interior signs not visible from the exterior of the building;
H. Directional signs not to exceed twelve square feet in area or six feet in height.
(Ord.02-32 (part), 2003)
15.40.080 Entryway Zoning District.
The provisions of the entryway zoning district pertaining to signs shall apply to all signs
in that district and are in addition to the provisions of this section. (Ord.02-32 (part), 2003)
15.40.090 Calculation of sign area.
The sign area for a sign with more than one face shall be computed by adding together
the area of all sign faces vis~le fi.om any one point. When two identical sign faces are
placed back to back, so that both faces cannot be viewed from any point at the same time,
O05-15 Titles 14 & 15
and when such sign faces are part oftbe same sign structure, the sign area shall be
computed by the measurement of one of the faces. (Ord.02-32 (part), 2003)
15.40.100 Maintenance.
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if
paint is required. Defective parts shall be re placed. (Ord.02-32 (part), 2003)
15.40.110 Lighting.
Unless otherwise prohibited by this code, all signs may be illuminated provided they do
not cause or contribute to a public nuisance. Lighting restricted to the sign face. (0rd.02~32
(part), 2003)
15.40.120 Changeable copy.
Unless otherwise specified by this section, any sign in this chapter allowed may use
manual or fixed message electronic sign.
Computer controlled variable message electronic signs shall be permitted provided that
the bottom of the reader board is ten feet above the crown oftbe adjacent road. (Ord.02-32
(part), 2003)
15.40.130 Signs permitted (exceptions to this section are noted in the Entryway Zoning
District).
A. One non-illuminated sign for each street frontage ora construction projact, not to
exceed forty-eight square feet in sign area. Such signs may be erected thirty days prior to
beginning ofcoustmetion and shall be removed thirty days following completion of
construction.
B. One non-illuminated real estate sign per lot or premises not to exceed sixteen square
feet in sign area for residential properties and thirty-two square feet for commercial
properties. Such signs must be removed fifteen days following sale, rental, or lease of the
real estate involved.
C. One non-illuminated attached building nameplate per occupancy, not to exceed two
square feet in sign ares
D. Non-ilhminated political signs not to exceed sixteen square feet in sign area each.
Such signs shall not be erected mere than forty-five days prior to the election or referendum
concerned and shall be removed ten days following such election or referendum. Political
signs may be placed only on private property and only with the permission of the property
owner.
E. One subdivision sign per street frontage not to exceed forty-eight square feet in sign
area in each location.
F. One identification sign per entrance to an apartment or condominium complex, not to
exceed thirty-six square feet in sign area.
G. The total square footage of all signs located on the property, including, but not limited
to freestandkn~, wall, projecting, integrated mo~ canopy, under-canopy and directional
signs, shall not exceed three square feet in sign area for each lineal foot of property
frontage. This frontage shall be calculated using local streets (not the interstate highway).
H. One on-premise, freestanding sign may be installed to a height of forty feet and may
be a maximum of three hundred fifty square feet if the principal purpose of such signs is to
O05-15 Titles 14 & 15
address interstate traffic as determined by the director. The sign must be oriented
perpendicularly to the interstate so the sign is visible to the interstate traveler.
I. Freestanding signs which are not on-premise and which do not address interstate traffic
as determined by the director may be installed to a maximum height of twenty-four feet and
may have a maximum size of one hundred fifty square feet. Exceptions to this are noted in
the Entryway Zoning District.
J. The setback for the leading edge of freestanding signs shall be a minimum often feet.
lC No sign may be placed or designed so as to simulate or interfere with traffic control
devices or official highway directional/informational signs.
L. Wall signs shall not exceed twenty percent of the square footage of the wall area upon
which they are installed. Electric awning and canopy signs shall not exceed twenty percent
of the square footage of the wall area upon which they are installed. The combination of
wall signs, electric awning, canopy signs and projecting signs shall not exceed twenty
percent of the allowed wall sign arem
M. Integrated roof signs may be used instead of wall signs. The integrated roof sign size
shall not exceed the allowable size for a wall sign. Integrated roof signs shall be con. strutted
so as to conceal all structures and fastenings. The height of the sign shall not exceed the
roof to which it is attached.
N. Projecting signs may be used instead of any wall or freestanding signs provided they
do not project beyond the property line and maintain a clearance often feet over sidewalk
and fotnteen feet over any parking lot, driveway or crown of the street, whichever is higher.
Projecting sign size shall not exceed the allowable size for a wall sigr~
O. One under-canopy sign for each separate occupancy or separate entrance not to exceed
eight square feet in sign are~ Under-canopy signs must have a minimum clearance of nine
feet from the sidewalk.
P. Window signs shall not cover more than thirty percent of the window area.
Q. On-site directional signs as required. (Ord.02-32 (,part), 2003)
15.40.140 Shopping center signs (exceptions to this section are noted in the Entryway
Zoning District).
A. Shopping centers shall be allowed one freestanding sign directory sign per fromage.
The sign shah not exceed one hundred fifty square fee{ plus five percent of the one hundred
fifty square feet per tenant. Maximum sign size shall not exceed three hundred fifty square
feet.
B. Shopping centers signs shall not exceed the maximum allowable freestanding signage.
C. Shopping center signs cannot be used if the common signage plan is used. (Ord.02-32
(part), 2003)
15.40.150 Common signage plan.
A. If the owners of two or more contiguous or adjacent (disregarding intervening streets
and alleys) lots or the owner of a single lot with more than one building (excluding
accessory buildings) or multiple use buildings file with the director for such lot(s) a
common signage plan conforming with the provisions of this section, a twenty-five percent
increase in the maximum total sign area shall be allowed for each included lot. This bonus
shall be allocated within each lot as the owner(s) elects.
B. Provisions of Common Signage Plan.
The common signage plan shall contain all of the following information:
005-15 Titles 14& 15
1. An accurate plot plan of the lot, at such scale as the director may reasonably require;
2. Location of buildings, parking lots, driveways, clear vision triangles and landscaped
areas on such lot;
3. Computation of the maximum total sign area, the maximum area for individual signs,
the height of signs and the number of freestanding signs allowed onthe lot(s) included in
the plan under this chapter;
4. An accurate indication on the plot plans of the proposed location of each present and
future sign of any type, whether requiring a permit or not;
5. Window signs may simply indicate the areas of the windows to be covered by window
signs and the general type of the window signs (e.g., paper affixed to window, painted,
etched on glass, or some other material hung inside the window) and need not specify the
exact dimension or nature of every window sign.
The common signage plan shall also specify standards of consistency among all signs on
the lots affected by the plan with regard to:
1. Color scheme;
2. Letter or graphic style;
3. Lighting;
4. Location of each sign on the building(s);
5. Material; and
6. Sign proportions.
C. Limit on Number of Freestanding Signs Under Common Signage Plan.
The common signage plan, for all lots with multiple uses or multiple users, shall limit the
number of freestanding signs to a total of one for each street on which the lots included in
the plan have frontage and shall provide for shared or common usage of such signs. Where
street frontage exceeds five hundred feet, one additional t~eestanding sign may be allowed
per five hundred-foot increment.
D. Other Provisions of the Common Signage Plan. The common signage plan may
contain other restrictions as the owners of the lots may reasonably determine.
E. Consent. Common signage plan shall be signed by all owners or their authorized
agents in such form as the director shall require.
F. Procedures. Common signage plan shall be included in any development plan, site
plan, planned development or other official plan required by the city for the proposed
development and shall be processed simultaneously with such other plan.
G. Amendment. Common signage plan may be amended by filing a new common
signage plan that conforms with all requirements of the code in effect.
H. Existing Signs Not Conforming to Conunon Signage Plan. If any new or amended
common signage plan is filed for a property on which existing signs are located, it shall
include a schedule for bringing into conformance, within five years, all signs not
conforming to the proposed amended plan or to the requirements of this section effective on
the date of submiasion.
I. Binding Effect. After approval ora common signage plan, no sign shall be erected,
placed, painted or maintained, except in conformance with such plan, and such may be
enforced in the same way as any prevision of this chapter. In case of any conflict between
the provisions of this section and common signage plan, the section shall control.
J. Dissolution of Common Signage Plan. If the signatories of a common signage plan
wish to dissolve the common signage plan, written notice must be submitted to the director.
O05-15 Titles 14 & 15
All signs on the property for which the common signage plan was dissolved must bring all
signs into conformance with this section within thirty days of the date written notice was
submitted to the director. (Ord.02-32 (part), 2003)
15.40.160 Nonconforming signs.
A. Existing signs which do not conform to the specific provisions of this section may be
eligible for the designation "legal nonconforming" provided that:
1. The director determines such signs are properly maintained and do not in any way
endanger the public;
2. The sign was installed in conformance with a valid permit or variance or complied
with all applicable laws on the date of adoption of this section; and
3. The sign owner registers the sign with the director within six months of the adoption of
this cede. If the owner fails to register the nonconforming sign with the director, the sign
then must be brought into compliance with this code within thirty days.
B. A legal nonconforming sign may lose this designation if:
1. The sign is relocated or replaced; or
2. The structure or size of this sign is altered in any way except toward compliance with
this section. This does not refer to change of copy or normal maintenance.
C. The legal nonconforming sign is subject to all requirements of this section regarding,
safety, maintenance, and repair. However, if the sign suffers more than fifty percent damage
or deterioration, as based on appraisal, it must be brought into conformance with this
section or removed.
D. Nonconforming signs located in the Entryway Zoning District must be brought into
compliance with the conditions of the Entryway Zoning District within seven years.
(Ord.02-32 (part), 2003)
15.40.170 Construction specifications.
A. Plans and specifications and the required review fee for all signs, including those in
the Entryway Zoning District, must be submitted to the city of Laurel building department
prior to the start ofcoustmction. The building department must grant a construction permit
prior to any construction activity.
B. All signs shall be installed in compliance with the International Building Code (IBC)
and applicable electrical codes required, permitted and enforced by the State of Montana.
C. All signs shall be inspected by the City of Laurel building department for compliance
with all applicable codes. (including, but not limited to structure, wind load, and electrical
hook-up).
D. All electrical fi'eestanding signs must have underground electrical service to such
signs.
E. Any change in sign construction or face, excluding changeable copy as defined in this
chapter, shall require a new construction permit and fee. (Ord.02-32 (part), 2003)
Chapter 15.50
FIRE CODE
Sections:
15.50.010: Adoption
15.50.020: Updated references
O05-15 Titles 14 & 15
15.50.010 Adoption.
The NFPA 1 Uniform Fire Code, 2003 Edition, obtained from the National Fire
Protection Association, together with any appendix or subsequent amendments or additions
thereto, adopted or as may be adopted in the future by the City of Laurel, is adopted and
declared to be the fire code of the city for the purpose of regulating and governing
conditions hazardous to life and property from fire or explosion.
One fully printed copy of the code shall be available in the offices of the city. The
aforesaid, NFPA 1 Uniform Fire Code, 2003 Edition is adopted by reference and made a
part of this chapter as fully, and for all intents and purposes, as though set forth herein at
length. It shall be known and designated as the "Uniform Fire Code" of the City. (Ord.04-4
(part), 2004:Ord.99-11 (part), 1999: Ord.96-12, 1996: Ord.94-2, 1994: Ord.965, 1990:
Ord.877, 1986: prior code § 15.56.010)
15.50.020 Updated References.
The NFPA 1 Uniform Fire Code, 2003 Edition, described in Section 15.50.010, may be
amended by Resolution or Administrative Order of the Mayor. (Ord.04-4 (part), 2004:
Ord.99-11 (part), 1999: prior code § 15.56.020)
Chapter 15.60
TRAILER COURTS
Sections:
15.60.010: Adoption of regulations.
15.60.020: Updated regulations.
15.60.030: Living in trailer house outside trailer court prohibited.
15.60.010 Adoption of regulations.
A. Regulation No. 54.500, amended November 11, 1971 by the Montana State
Department of Health and Environmental Sciences, and subsequent amendments and
additions for trailer courts is adopted by reference and made a part of this chapter as fully,
and for all intents and purposes, as though set forth herein at length.
B. One full printed copy of the regulation is available in the offices of the city clerk.
(Ord.99-20 (part), 1999:Ord. 97-2 § 4 (part), 1997: prior code § 15.48.020)
15.60.020 Updated regulations.
The regulation No. 54.500 described in Section 15.60.010 may be amended by
Resolution or Administrative Order of the Mayor. (Ord.99-20 (part), 1999: prior cede §
15.48.030)
15.60.030 Living in trailer house outside trailer court prohibited.
No person shall live in or occupy any trailer house, whether it is movable or not within
the city limits, unless it is parked in a licensed trailer court. (Ord.99-20 (part), 1999: prior
code § 15.48.010)
Chapter 15.70
FLOODPLAIN REGULATIONS
O05-15 Titles 14 & 15
Sections:
15.70.010: Floodplain regulations Purpose.
15.70.010 Floodplain regulations Purpose.
A. The ordinance codified in thi~ chapter is passed in order to comply with the Montana
Floodplain and Floodway Management Act (Montana Code Annotated Title 76 Chapter 5)
and to insure compliance with the requirements for the continued participation by the city in
the National Flood Insurance Program. Land use regulations, which are hereby adopted, are
to be applied to all identified one hundred year floodplains within the city's jurisdiction and
are attached as Exhibit A and fully incorporated as part of this chapter by this reference.
B. This chapter and Exhibit A, Floodplain Regulations, are adopted under the authority of
Montana Code Annotated Title 76, Chapter 5, Part 3.
C. This chapter adopts the set of comprehensive land use regulations attached to the
ordinance codified in this section as Exhibit A for identified one hundred year floodplains
within the city. Identification of one hundred year floodplains is based on the Federal
Emergency Management Agencies Flood Insurance study for the city dated July 26, 1982,
the flood insurance rate map, and the flood boundary and floodway map. (Ord.00-1, 2000:
Ord.99-21 (part), 1999:Ord.97-2 § 4 (part), 1997; Ord. 1063, 1993: Ord.932, 1988: prior
code § 15.76.010)
This ordinance sh~ll become effective thirty (30) days aRer final passage by the City Council and
approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on November 1
2005, by Alderperson Mace
PASSED and ADOPTED by the Laurel City Council on second reading this __
December , 2005, upon motion of Alderperson Stamper
APPROVED BY THE MAYOR this 20th day of December ,2005.
ATTEST:
20th day of
O05-15 Titles 14 & 15
L ov -Na . , Y117d
(revised 1/9/90)
(amended 2- 25 -91)
•
FLOODPLAIN AND FLOODWAY MANAGEMENT ORDINANCE
FOR COMMUNITIES WITH DESIGNATED FLOODWAYS
Fk WE /7 A
97
TABLE OF CONTENTS
Page
Intent 101
Statutory Authority 101
Adoption 101
L Title and Purpose 102
II. Definitions 103
W. General Provisions 106
3.01 Jurisdictional Area 106
3.02 Floodplain District Establishment 106
3.03 Floodplain Administrator 106
3.04 Rule for Interpretation of Floodplain District Boundaries 106
3.05 Compliance 106
3.06 Abrogation and Greater Responsibility. 106
3.07 Regulation Interpretation. 106
3.08 Warning and Disclaimer of Liability 107
3.09 Severability 107
3.10 Disclosure Provision 107
IV. Administration 108
4.01 Administration 108
4.02 Permit Applications 109
4.03 Emergency Waiver 110
4.04 Review - Variance - Appeals 111
4.05 Fees 112
4.06 Violation Notice 112
4.07 Compliance 112
4.08 Penalties 112
4.09 Emergency Preparedness Planning 112
V. Specific Standards 113
5.01 Applications 113
5.02 Floodway 113
A. Uses Allowed Without Permits 113
B. Uses Requiring Permits 113
C. Permits for Flood Control Works 115
D. Permits for Water Diversions 116
E. Prohibited Uses 116
5.03 Floodway Fringe 117
A. Uses Allowed Without Permits 117
B. Uses Requiring Permits 117
C. Prohibited Uses 118
99
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5.04 Floodplain Areas with Flood Elevations and No Delineated Floodway 118
5.05 Shallow Flooding (AO Zones) 119
VL General Standards 120
6.01 Applications 120
A. Uses Allowed Without Permits 120
B. Uses Requiring Permits 120
C. Prohibited Uses 120
D. Floodplain Boundary Interpretation 120
VII. Flood proofing Requirements .121
7.01 Certification 121
7.02 Conformance 121
A. Electrical Systems 121
B. Heating Systems 121
C. Plumbing Systems 121
100
CHAPTER TT
DEFINITIONS
2.01 Definitions
Unless specifically defined below, words or phrases used in these regulations shall be interpreted to
give them the meaning they have in common usage and to give these regulations the most reason-
able application.
Act — Montana Floodplain and Floodway Management Act, $76 -5 -101 through 406, MCA.
Alteration — Any change or addition to a structure that either increases its external dimensions or
increases its potential flood hazard.
Anneal — A request for a review of the Floodplain Administrator's interpretation of any provisions of
these regulations or a request for a variance.
Area of Special Flood Hazard — The land in the floodplain within the community subject to inunda-
tion by a one percent (1%) or greater chance of flooding in any given year, i.e., the 100 -year flood -
plain.
Artificial Obstruction - Development — Any obstruction which is not natural and includes any dam,
diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation,
channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analo-
gous structure or matter in, along, across, or projecting into any 100 -year floodplain which may im-
pede, retard, or alter the pattern of flow of water, either in itself or by catching or collecting debris
carried by the water, or that is placed where the natural flow of water would carry the same down-
stream to the damage or detriment of either life or property.
Ease Flood — A flood having a one percent (1%) chance of being equalled or exceeded in any given
year. A base flood is the same as a 100 -year flood.
Base Flood Elevation , — The elevation above sea level of the base flood in relation to National Geo-
detic Vertical Datum of 1929 unless otherwise specified in the flood hazard study.
Channelizetion Project —The excavation and/or construction of an artificial channel for the purpose
of diverting the entire flow of a stream from its established course.
Establish — To construct, place, insert, or excavate.
Existing Manufactured Home Park or Subdivision — A manufactured home park or subdivision
where the construction of facilities for servicing the manufactured homes lots is completed before the
effective date of the floodplain management regulations. This includes, at a minimum, the installa-
tion of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads.
FEMA — The Federal Emergency Management Agency
Flood or Flooding — A general and temporary condition of partial or complete inundation of nor-
mally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of
surface waters from any source
Flood Insurance Rate Map — The map on which FEMA has delineated both the 100 year floodplains
and the risk premium zones.
Flood Insurance Study — The report in which FEMA has provided flood profiles, as well as the Flood
Boundary/Floodway Map and the water surface profiles.
103
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FloodDlain — The areas subject to these regulations, generally adjoining a stream, that would be
covered by floodwater of a base flood except for designated shallow flooding areas that receive less
than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe.
Floodway — The channel of a stream and the adjacent overbank areas that must be reserved in or-
der to discharge a base flood without cumulatively increasing the water surface elevation more than
one -half (112) foot.
Floodway Fringe — That portion of the floodplain outside the limits of the floodway.
Levee — A man -made embankment, usually earthen, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water to provide protection from
temporary flooding.
Lent a Syc_tem — A flood protection system that consists of a levee, or levees, and associated struc-
tures, such as drainage and closure devices, which are constructed and operated in accordance with
sound engineering practices.
Lowest Floor — Any floor used for living purposes, storage, or recreation. This includes any floor
that could be converted to such a use.
Manufactured Home —A structure that is transportable in one or more sections, built on a perma-
nent chassis, and designed to be used with or without a permanent foundation when connected to the
required utilities. This does not include "recreational vehicles."
Manufactured Home Park or Subdivision — A parcel or contiguous parcels of land divided into two
or more manufactured home lots for rent or sale.
Mean Sea Level — The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which
base flood elevations are referenced.
New _Construction — Structures for which construction, substantial improvement, or alteration com-
mences on or after the effective date of these regulations.
Official Floodplain Maps — The Flood Insurance Rate Maps and Flood Boundary \Floodway Maps
provided by FEMA for Laurel, Montana , date d 1'4 a3
(City, Town or County Name)
Permit Issuing Authority — Laurel, Montana
(City/Town Council/County Commissioners)
Recreational Vehicle —A vehicle which is (1) built on a single chassis; (2) 400 square feet or less
when measured at the largest horizontal projections; (3) designed to be self - propelled or permanently
towable by a light duty truck; and (4) designed primarily for use as temporary living quarters for
recreation, camping, travel, or seasonal use, not for use as a permanent dwelling.
Binran — Stone, rocks, concrete blocks, or analogous material that is placed along the banks or bed
of a stream to alleviate erosion.
Start of Construction — Commencement of clearing, grading, filling, or excavating to prepare a site
for construction.
Structure — A walled and roofed building, manufactured home, a gas or liquid storage tank, bridge,
culvert, dam, diversion, wall, revetment, dike, or other projection that may impede, retard, or alter
the pattern of flow of water.
104
Substantial Dama — Damage sustained by a structure where the cost of restoring the structure to
its condition before damage would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
$iihstential Improvement — Any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds fifty percent (50 %) of the market value of the structure either:
(a) before the improvement or repair is started, or
(b) 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
construction to any wall, ceiling, floor, or other structural part of the building commences.
The term does not include:
(i) 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
(ii) any alteration of a structure listed on the national register of historic places or state
inventory of historic places.
Suitable Fill — Fill material which is stable, compacted, well graded, pervious, generally unaffected
by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic
material, and is fitting for the purpose of supporting the intended use and/or permanent structure.
Variance — A grant of relief from the requirements of these regulations that would permit construc-
tion in a manner otherwise prohibited by these regulations.
Violatioq — The failure of a structure or other development to be fully compliant with these regula-
tions. A structure or other development without elevation certificate, certification by a licensed engi-
neer or architect of compliance with these regulations, or other evidence of compliance is presumed
- to be in violation until such time as documentation is provided.
100 -Year Flood — A flood having a one percent (1%) chance of being equalled or exceeded in any
given year. A 100 year flood has nearly a 23 percent chance of occurring in a 25 - year period. A 100 -
year flood is the same as a base flood.
105
emN
CHA_PT_F,R 111
GENERAL PROVISIONS
3.01 jurisdictional Area
These regulations shall apply to all lands within the jurisdiction of Laurel . Montana
(City, Town or County Name)
Stateof Montana, shown on the Official Floodplain Maps as being located within a 100 -year flood -
plain district.
3.02 Floodplain District Establishment
The floodplain districts established are defined by the base flood elevations and 100 -year floodplains
as delineated in the Flood Insurance Study. The basis for the Flood Insurance Study is a scientific
and engineeripg report entitled, 'The Flood Insurance Study for Laurel , Montana,"
dated 7 - 6 g Z , with accompanying Flood Insurance Rate Maps and Flood Boundary/
Floodway Maps. The Official Floodplain Maps and Study are on file in the office of the Floodplain
Administrator.
3.03 Floodplain Administrator
The Laurel, Montana Floodplain Administrator
(City, Town, or County Name)
has been designated tobe the Building /Plumbing /Code )enforcement Inspector
(Title of Floodplain Administrator)
The responsibilities of this position are outlined in Chapter IV of these regulations.
3.04 Rules for Interpretation of Floodplain District Boundaries
The boundaries of the 100 -year floodway shall be determined by scaling distances on the official
floodplain maps and using the floodway data table contained in the flood insurance study report.
The maps may be used as a guide for determining the 100 -year floodplain boundary, but the exact
location of the floodplain boundary shall be determined where the base flood elevation intersects the
natural ground. For unnumbered A Zones and AO Zone floodplains, where there is a conflict be-
tween a mapped floodplain boundary and actual field conditions, the Floodplain Administrator may
interpret the location of the 100 -year floodplain boundary based on field conditions or available his-
torical flood information.
3.05 Compliance
No structure or land use shall be located, extended, converted, or structurally altered without full
compliance with the provisions of these regulations and other applicable regulations. These regula-
tions meet the minimum floodplain development requirements as set forth by the Montana Board of
Natural Resources and Conservation and the National Flood Insurance Program.
3.06 Abrogation and Greater Responsibility
It is not intended by these regulations to repeal, abrogate, or impair any existing easements, cov-
enants, deed restrictions, or underlying zoning. However, where these regulations impose greater
restrictions, the provisions of these regulations shall prevail.
3.07 Regulation interpretation
The interpretation and application of the provisions of these regulations shall be considered mini-
mum requirements and liberally construed in favor of the governing body and not deemed a limita-
tion or repeal of any other powers granted by State statute.
106
•
3.08 Warn inv and of Liability
These regulations do not imply that areas outside the delineated floodplain boundaries or permitted
land uses will always be totally free from flooding or flood damages. these regulations shall not cre-
ate a liability or cause of action against Laurel . Montana
(City, Town, or County Name)
or any officer or employee thereof for flood damages that may result from reliance upon these regula-
tions.
3.09 $everahilitv
If any section, clause, provision, or portion of these regulations is adjudged unconstitutional or in-
valid by a court of competent jurisdiction, the remainder of these regulations shall not be affected
thereby.
3.10 Disclosure Provision
All owners of property in an identified 100 -year floodplain as indicated on the Official Floodplain
Maps must notify potential buyers or their agents that such property is subject to the provisions of
these regulations.
� . ,
•
107
CHAPTER N
ADMINISTRATION
•
4.01 Administratioi,
A. As provided in Section 3.03 of these regulations, the Floodplain Administrator has been designated
by the Laurel, Montana , and has the responsibility of such position as outlined
(City/Town Council/County Commissioner)
in these regulations.
B. The Floodplain Administrator is hereby appointed with the authority to review floodplain develop-
ment permit applications, proposed uses, and construction to determine compliance with these regu-
lations. The Floodplain Administrator is required to assure all necessary permits have been received
from those governmental agencies from which approval is required by federal and state law and local
codes, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334, and
under the provisions of the Natural Streambed and Land Preservation Act.
1. Additional Factors — Floodplain development permits shall be granted or denied by the
Floodplain Administrator on the basis of whether the proposed establishment, alteration, or
substantial improvement of an artificial obstruction meets the requirements of these regula-
tions. Additional factors that shall be considered for every permit application are:
a. the danger to life and property due to increased flood heights, increased flood water
velocities, or alterations in the pattern of flood flow caused by encroachments;
b. the danger that materials may be swept onto other lands or downstream to the injury
of others;
c. the proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions;
d. the susceptibility of the proposed facility and its contents to flood damage and the
effects of such damage on the individual owner;
e. the importance of the services provided by the facility to the community;
f. the requirement of the facility for a waterfront location;
g. the availability of alternative locations not subject to flooding for the proposed use;
h. the compatibility of the proposed use with existing development and anticipated de-
velopment in the foreseeable future;
i. the relationship of the proposed use to the comprehensive plan and floodplain man -
agement program for the area;
j. the safety of access to property in times of flooding for ordinary and emergency ser-
vices; and
k. such other factors as are in harmony with the purposes of these regulations, the Mon-
tana Floodplain and Floodway Management Act, and the National Flood Insurance
Program.
108
•
•
C. A floodplain development permit application is considered to have been automatically granted 60
days after the date of receipt of the application by the Floodplain Administrator unless the applicant
has been notified that the permit is denied, conditionally approved, or additional information perti-
nent to the permit review process is required.
D. The Floodplain Administrator shall adopt such administrative procedures as may be necessary to
efficiently administer the provision of these regulations.
E. The Floodplain Administrator shall maintain such files and records as may be necessary to docu-
ment nonconforming uses, base flood elevations, floodproofing and elevation certifications, fee re-
ceipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters
related to floodplain management in Laurel, Montana . Such files and records
(City, Town, or County)
shall be open for public inspection. In matters of litigation, the Laurel. Montana
(City, Town, or County)
attorney may restrict access to specific records.
•
F. The floodplain administrator may require whatever additional information is necessary to determine
whether the proposed activity meets the reqirements of these regulations. Additional information
may include hydraulic calculations assessing the impact on base flood elevations or velocities; level
survey; or certification by a registered land surveyor, professional engineer, or licensed architect that
the requirements of these regulations are satisfied.
G. Upon receipt of an application for a permit or a variance, the Floodplain Administrator shall prepare
* a notice containing the facts pertinent to the application and shall publish the notice at least once ire
a newspaper of general circulation in the area. Notice shall also be served by first -class mail upon
adjacent property owners and the DNRC Floodplain Management Section. The notice shall provide
a reasonable period of time, not less than 15 days, for interested parties to submit comments on the x.
proposed activity.
H. Copies of all permits granted must be sent to the Department of Natural Resources and Conserva-
tion in Helena, Montana.
I. In riverine situations, notification by the Floodplain Administrator must be made to adjacent com-
munities, the Floodplain Management Section (DNRC), and FEMA prior to any alteration or reloca-
tion of a stream. The flood - carrying capacity within the altered or relocated portion of any stream
must be maintained. Erosion control measures shall be incorporated to ensure stability of altered
channels and stream banks.
4.02 perrnit Agnlieationq
A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such
uses, shall not be initiated, established, or undertaken until a permit has been issued by the Flood -
plain Administrator.
B. Permit applicants shall be required to furnish the following information as deemed necessary by the
Floodplain Administrator for determining the suitability of the particular site for the proposed use.
1. Plans in duplicate drawn to scale (including dimensions) showing the nature, location, and
elevation of the lot; existing and proposed structure locations; fill, storage, or materials site;
flood - proofing measures; mean sea level elevation of first floor of proposed structures; and
location of the channel.
109
2. A plan view of the proposed development indicating external dimensions of structures, street
or road finished grade elevations, well locations, individual sewage treatment and disposal
sites, excavation and/or fill quantity estimates, and site plan and/or construction plans.
3. Specifications for flood - proofing, filling, excavating, grading, riprapping, storage of materials,
and location of utilities.
4. A professional engineer's or registered architect's design calculations and certification that
the proposed activity has been designed to be in compliance with these regulations.
5. Certification of flood - proofing and/or elevation shall be provided on a standard form available
from the floodplain administrator.
C. To determine that the permit specifications and conditions have been completed, applicants who
have received permits are required to furnish the following at the time of an on -site conformance
inspection.
1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered, or sub-
stantially improved buildings.
2. If flood - proofing techniques were used for buildings, the mean sea level elevation to which
the flood proofing was accomplished must be certified by a structural engineer or licensed
architect in the same manner.
3. Certification shall also be required, for artificial obstructions other than buildings, that the
activity was accomplished in accordance with these regulations and the design plans submit-
ted with the application for the permit activity. This certification may be waived by the
floodplain administrator if it can be clearly ascertained by a site inspection that the activity
was accomplished in accordance with these regulations.
4. Certification of flood - proofing and/or elevation shall be provided on a standard form available
from the floodplain administrator.
4.03 Emergencv Waiver
A. Emergency repair and replacement of severely damaged public transportation facilities, public water
. and sewer facilities, and flood control works may be authorized. Floodplain development permit
requirements may be waived if:
1. Upon notification and prior to the emergency repair and/or replacement, the Floodplain Ad-
ministrator determines that an emergency condition exists warranting immediate action;
and
2. The Floodplain Administrator agrees upon the nature and type of proposed emergency repair
and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally if the
Floodplain Administrator feels that such a written authorization would unduly delay the emergency
works. Such verbal authorization must be followed by a written authorization describing the emer-
gency condition, and the type of emergency work agreed upon, and stating that a verbal authoriza-
tion had been previously given.
110
•
•
4.04 Review -V ri nnes.ADpals
A. There is hereby created a local Floodplain Management Board of Adjustment, the membership, ad-
ministration, and rules of procedure of which are identical to a zoning board of adjustment.
B. The Board of Adjustment may, by variance, grant a permit that is not in compliance with the mini-
mum standards contained in these regulations according to the following procedures:
1. Variances shall not be issued for areas within a floodway if any additional increase in flood
elevations or velocities after allowable encroachments into the floodway fringe would result;
2. Variances shall only be issued upon:
a. a showing of good and sufficient cause; •
b. a determination that refusal of a permit due to exceptional circumstances would
cause a unique or undue hardship on the applicant or community involved;
c. a determination that the granting of a variance will not result in increased flood haz-
ards, present additional threats to public safety, be an extraordinary public expense,
create nuisances, cause fraud, victimize the public, or conflict with existing state and
local laws;
d. a determination that the proposed use would be adequately flood - proofed;
e. a determination that a reasonable alternate location outside the floodplain is not
available; •
f. a determination that the variance requested is the minimum necessary to afford
relief, considering the flood hazard; and -
g. approval of the Montana Department of Natural Resources and Conservation, upon
request from the Permit Issuing Authority, prior to formally approving any permit
application that is in variance to these regulations.
3. Variances shall be issued in writing from the Permit Issuing Authority and shall notify the
applicant that:
a. a specific variance is granted, and certain conditions may be attached;
b. the issuance of a variance to construct a building below the 100 -year floodplain eleva-
tion will result in increased premium rates; and
c. such construction below the 100 -year flood elevation increases risks to life and prop-
erty. The Floodplain Administrator shall maintain records of the variance notifica-
tion and actions, including justification for their issuance, and forward copies of all
variance actions to the Montana Department of Natural Resources and Conservation
and the Federal Emergency Management Agency.
C. Appeal of any decision of the Permit Issuing Authority, its officers, or agencies may be taken by an
aggrieved person or persons, jointly or separately, to a court of record.
111
4.05 Fees
A processing fee of $ 2 0 . 0 0 shall be submitted with each permit application.
4.06 Violation Notice
The Floodplain Administrator shall bring any violation of these regulations to the attention of the
local governing body; its legal council; and and the Montana Department of Natural Resources and
Conservation.
4.07 Comnliance
Any use, arrangement, or construction not in compliance as authorized by permit, shall be deemed a
violation of these regulations and punishable as provided in Section 4.08. An applicant is required to
submit certification by a registered professional engineer, architect, land surveyor, or other qualified
person designated by the Floodplain Administrator that finished fill and lowest building floor eleva-
tions, flood proofing, hydraulic design, or other flood protection measures were accomplished in com-
pliance with these regulations.
4.08 Penalties
Violation of the provisions of these regulations or failure to comply with any of the requirements,
including permit approval prior to development of flood prone lands and conditions and safeguards
established shall constitute a misdemeanor. Any person who violates these regulations or fails to
comply with any of its requirements shall, upon conviction, be fined not more than $100 or impris-
oned in jail for not more than 10 days or both. Each day's continuance of a violation shall be deemed
a separate and distinct offense.
4.09 EmerZencv Preparedness Planning
In formulating community development goals, the community shall consider the development of a
plan for evacuating residents of all manufactured home parks or subdivisions located within flood
prone areas. This plan should be developed, filed with, and approved by appropriate community
emergency management authorities:
112
CHAPTER V
SPECIFIC STANDARDS
5.01 Applicatinnq
The minimum floodplain development standards listed in this chapter apply to the floodway and
floodway fringe portions of the 100 -year floodplain as delineated on the Flood Hazard Area Maps.
5.02 Floodwav
A. Uses Allowed Without Permits,. The following open -space uses shall be allowed without a permit
within the floodway, provided that such uses conform to the provisions of Chapter VII of these regu-
lations; are not prohibited by any other ordinance, resolution, or statute; and do not require fill, exca-
vation, permanent storage of materials, or equipment or structures other than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading and parking areas, or emergency landing strips associated
with industrial and commercial facilities;
3. Private and public recreational uses such as golf courses, driving ranges, archery ranges,
picnic grounds, boat - launching ramps, parks, wildlife management and natural areas, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking or horseback riding trails;
4. Forestry, including processing of forest products with portable equipment;
5. Residential uses such as lawns, gardens, parking areas, and play areas;
6. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells;
7. Fences, except permanent fences crossing channels; and
8. Recreational vehicles provided that they be on the site for fewer than 180 consecutive days,
or be fully licensed and ready for highway use. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system with wheels intact, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently attached addi-
tions.
B. Uses Reauiring Permits. The following artificial obstructions may be permitted in the floodway sub-
ject to the issuance of a permit by the Floodplain Administrator:
1. Excavation of material from pits and pools provided that:
a. a buffer strip of undisturbed land is left between the edge of the channel and the edge
of the excavation. This buffer strip must be of sufficient width to prevent flood flows
from channeling into the excavation;
b. the excavation meets all applicable laws and regulations of other local and state
agencies; and
c. excavated material is disposed of or stockpiled outside the floodway.
113
2. Railroad, highway, and street stream crossings provided the crossings are designed to offer
minimal obstruction to flood flow. Stream crossings shall not increase the elevation of the
100 -year flood more than one -half foot nor cause a significant increase in flood velocities.
3. Limited filling for highway, street, and railroad embankments not associated with stream
crossings, provided that:
a. reasonable alternate transportation routes outside the designated floodway are not
available; and
b. such floodway encroachment is located as far from the stream channel as possible
and shall not result in a cumulative increase in base flood elevations, after allowable
encroachments into the floodway fringe, exceeding one -half foot.
4. Buried or suspended utility transmission lines, provided that:
a. suspended utility transmission lines are designed so the lowest point of the sus-
pended line is at least 6 feet higher than the base flood elevation;
b. towers and other appurtenant structures are designed and placed to withstand and
minimally obstruct flood flows; and
c. utility transmission lines carrying toxic or flammable materials are buried to a depth
of at least twice the calculated maximum depth of scour for a 100 -year flood. The
maximum depth of scour shall be determined by hydraulic engineering methods ac-
ceptable to the Floodplain Administrator.
5. Storage of materials and equipment, provided that:
a. the material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or �.
b. the material or equipment is readily movable within the limited time available after
flood warning. Storage of flammable, toxic, hazardous, or explosive materials shall
not be permitted.
6. Domestic water supply wells, provided that:
a. they are driven or drilled wells located on ground higher than the surrounding
ground to assure positive drainage from the well;
b. well casings are water tight to a distance of at least 25 feet below the ground surface;
c. water supply and electrical lines have a watertight seal where the lines enter the
casing;
d. all pumps, electrical lines, and equipment are either submersible or adequately flood-
proofed; and
e. check valves are installed on main water lines at wells and at all building entry loca-
tions.
7. Buried and sealed vaults for sewage disposal in recreational areas, provided they meet appli-
cable laws and standards administered by the Montana Department of Health and Environ-
mental Sciences.
114
8. Public or private campgrounds, provided that:
a. access roads require only limited fill and do not obstruct or divert flood waters; and
b. recreational vehicles and travel trailers are licensed and ready for highway use.
They are ready for highway use if on wheels or jacking system with wheels intact, are
attached to the site with only quick disconnect type utilities and securing devices,
and have no permanently attached additions.
9. Structures accessory to the uses permitted in this section such as boat docks, marinas, sheds,
picnic shelters, tables, and toilets provided that:
a. the structures are not intended for human habitation;
b. the structures will have a low flood damage potential;
c. the structures will, insofar as possible, be located on ground higher than the sur-
rounding ground and as far from the channel as possible;
d. the flood - proofing standards of Chapter VII are met; and
e. the structures will be constructed and placed so as to offer minimal obstruction to
flood flows and are anchored to prevent floatation.
10. Substantial improvements to any structure provided that the provisions of Section 5.03 -B.3,
5.03 -B.4, or 5.03 -B.5 of these regulations are met. In the floodway the structure must be
floodproofed or elevated on a permanent foundation rather than on fill.
11. All other artificial obstructions, substantial improvements, or non - conforming uses not spe—
cifically listed or prohibited by these regulations.
C. Permits for Flood Control Wnrka. Flood control works shall be allowed within floodways subject to
the issuance of a permit by the Floodplain Administrator with the following conditions:
1. Levees and floodwalls are permitted if:
a. the proposed levee or floodwall is designed and constructed to safely convey a 100-
year flood; and
b. the cumulative effect of the levee or floodwall combined with allowable floodway
fringe encroachments does not increase the unobstructed base flood elevation more
than 0.5 foot. The Floodplain Administrator may establish either a lower or higher
permissible increase in the base flood elevation for individual levee projects only with
concurrence from the Montana Department of Natural Resources and Conservation
and the Federal Emergency Management Agency based upon consideration of the
following criteria:
1) the estimated cumulative effect of any anticipated future permissible uses;
and
2) the type and amount of existing flood -prone development in the affected area.
c. the proposed levee or floodwall, except those to protect agricultural land, are con-
structed at least 3 feet higher than the base flood elevation.
115
2. Riprap, except that which is hand - placed, if:
a. the riprap is designed to withstand a 100 -year flood;
b. the riprap does not increase the base flood elevation; and
c. the riprap will not increase erosion upstream, downstream, or adjacent to the riprap
site.
3. Channelization projects if they do not significantly increase the magnitude, velocity, or base
flood elevation in the proximity of the project.
4. Dams, provided that:
a. they are designed and constructed in accordance with the Montana Dam Safety Act
and applicable safety standards; and
b. they will not increase flood hazards downstream, either through operational proce-
dures or improper hydrologic/hydraulic design.
D. Permits for Water Diversiong. Permits for the establishment of a water diversion or change in place
of diversion shall not be issued if, in the judgment of the Floodplain Administrator:
1. the proposed diversion will significantly increase the upstream base flood elevation to the
detriment of neighboring property;
' 2. the proposed diversion is not designed and constructed to minimize potential erosion from a
100 -year flood; and •
3. any permanent diversion structure crossing-the full width of the stream channel is not de-
signed and constructed to safely withstand a 100 -year flood.
E. Prohibited Use The following artificial obstructions and non - conforming uses are prohibited within
the floodway:
1. New construction of any residential, commercial, or industrial structure;
2. Encroachments including fill, new construction, alterations, substantial improvements, and
other development within the adopted regulatory floodway that would result in erosion of the
embankment, obstruction of the natural flow of waters, or increase in flood levels within the
community during the occurrence of the 100 -year flood;
3. The construction or permanent storage of an object subject to floatation or movement during
flooding;
4. Solid and hazardous waste disposal, sewage treatment, and sewage disposal systems;
5. Storage of toxic, flammable, hazardous, or explosive materials; and
6. Alterations of structures unless it can be shown the alteration won't raise flood heights;
7. Manufactured homes.
116
5.03 F'lnndwav Frinie
A. Uses Allowed Without Permits. All uses allowed in the floodway, according to the provisions of Sec-
tion 5.02 A of these regulations, shall also be allowed without a permit in the floodway fringe. In
addition, individual or multiple family subsurface sewage disposal systems are allowed only when
they are reviewed and approved under laws and regulations administered by the Department of
Health and Environmental Sciences or the local health board.
B. Uses Requiring Permits. All uses allowed in the floodway subject to the issuance of a permit, accord-
ing to the provisions of Section 5.02 B, C, and D of these regulations, shall al- + be allowed by permit
within the floodway fringe. In addition, new construction, substantial improvements, and alter-
ations to structures are allowed by permit. This includes but is not limited to residential, commer-
cial, and industrial construction and suitable fill to be allowed by permit from the Floodplain Admin-
istrator, subject to the following conditions:
1. Such structures or fill must not be prohibited by any other statute, regulation, ordinance, or
resolution;
2. Such structures or fill must be compatible with local comprehensive plans;
3. The new construction, alterations, and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such that the lowest floor
elevation (including basement) is two feet or more above the base flood elevation. The suit-
able fill shall be at an elevation no lower than the base flood elevation and shall extend for at
4 least fifteen feet, at that elevation, beyond the structure(s) in all directions;
4. The new construction, alteration, and substantial improvement of commercial and industries
Structures can be constructed on suitable fill as specified in Section 5.03 -B.3 of these regula-
tions. If not constructed on fill, commercial and industrial structures must be adequately
flood- proofed to an elevation no lower than two feet above the base flood elevation. Flood-
proofing must be certified by a registered professional engineer or architect that the flood-
proofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic-
pressures, velocities, impact, buoyancy, and uplift forces associated with the 100 -year flood.
a. If the structure is designed to allow internal flooding of areas below the lowest floor,
use of this space shall be limited to parking, loading areas, building access, and stor-
age of equipment or materials not appreciably affected by flood waters. The floors
and walls shall be designed and constructed of materials resistant to flooding to an
elevation no lower than two feet above the base flood elevation. Walls shall be de-
signed to automatically equalize hydrostatic forces by allowing for entry and exit of
floodwaters. Openings may be equipped with screens, louvres, valves, other cover-
ings, or devices which permit the automatic entry and exit of floodwaters.
b. Structures whose lowest floors are used for a purpose other than parking, loading, or
storage of materials resistant to flooding shall be flood - proofed to an elevation no
lower than two feet above the base flood elevation. Flood - proofing shall include im-
permeable membranes or materials for floors and walls and watertight enclosures for
all windows, doors, and other openings. These structures shall also be designed to
withstand the hydrostatic, hydrodynamic, and buoyancy effects of a 100 -year flood.
c. Flood - proofing of electrical, heating, and plumbing systems shall be accomplished in
accordance with Chapter VII of these regulations.
117
5. All manufactured homes placed in the floodway fringe must have the chassis securely an-
chored to a foundation system that will resist floatation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, over - the -top or frame ties to
ground anchors. The following conditions also apply;
a. When a manufactured home is 1) altered, 2) replaced because of substantial damage
as a result of a flood, or 3) replaced on an individual site, the lowest floor must be
elevated two feet above the base flood elevation. The home can be elevated on fill or
raised on a permanent foundation of reinforced concrete, reinforced mortared block,
reinforced piers, or other foundation elements of at least equivalent strength.
b. Replacement or substantial improvement of manufactured homes, in an existing
manufactured home park or subdivision must be raised on a permanent foundation.
The lowest floor must be two feet above the base flood elevation. The foundation
must consist of reinforced concrete, reinforced mortared block, reinforced piers, or
other foundation elements of at least equivalent strength.
c. lnufactured homeq proposed for use as commercial or industrial structures must be
elevated and anchored, rather than flood- proofed;
6. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious,
generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of
tree stumps or other organic material, and appropriate for the purpose of supporting the
intended use and/or permanent structure.
7. Roads, streets, highways, and rail lines shall be designed to minimize increase in flood
heights. Where failure or interruption of transportation facilities would result in danger to
the public health or safety, the facility shall be located two feet above the base flood eleva-
tion;
8. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and
hay or grain storage structures must be adequately anchored to prevent floatation or collapse
and all electrical facilities shall be placed above the base flood elevation; and
9. Recreational vehicles, if they are on the site for more than 180 consecutive days or are not
ready for highway use, must meet the elevating requirements of Section 5.03 -B.3.
C. Prohibited Uses,. The following artificial obstructions and non - conforming uses are prohibited within
the floodway fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous, or explosive materials. Storage of petroleum
products may be allowed by permit if stored on compacted fill at least two feet above the base
flood elevation and anchored to a permanent foundation to prevent downstream movement.
5.04 y ... . . . ' . I ; 11 : : • V • .. Ds • ' . . : . . 1 / . 1 - ' . - : - . � .... .
A. A development proposed for a 100 -year floodplain, where water surface elevations are available but
no floodway is delineated, may not significantly increase flood velocities or depths or generally alter
patterns of flood flow. The provisions of Section 5.03, Floodway Fringe, shall apply to these areas.
The Floodplain Administrator may require a permit applicant to furnish additional hydraulic data
before acting on a permit application for such a floodplain. The data may include, but are not limited
to, any of the following:
118
1. a hydraulic study documenting probable effect on upstream, downstream, or adjacent prop-
erty owners caused by the proposed development; or
2. the calculated increase in the 100 -year flood water surface profile caused by the proposed
development.
B. Permits for such proposed development may be modified or denied if the additional information
shows that the proposed use would cause an additional flood hazard to adjacent property or signifi-
cantly increase flood heights. A significant increase in flood heights is one -half foot unless existing
or anticipated development in the area dictates a lesser amount of. allowable increase.
5.05 Shsillow Flooding (AO Zones
A. Shallow flooding areas are delineated as AO Zone floodplains on the Flood Insurance Rate Maps.
The provisions of Section 5.03, Floodway Fringe, of these regulations shall apply to any AO Zone
• floodplains. The depth of the 100 -year flood is indicated as the depth number on the Flood Insurance
Rate Maps. The 100 -year flood depth shall be referenced to the highest adjacent grade or stream
flow line in determining which fill or flood - proofing heights to use in applying the provisions of Sec -
tion 5.03 -B.3 and Section 5.03 -B.4 of these regulations. In the absence of depth or elevation informa-
tion, a minimum 2 foot flood depth shall be used.
B. Floodplain Boundary Internretatior4 The Floodplain Administrator shall make interpretations
where needed as to the exact location of an AO Zone floodplain boundary when there is a conflict
between a mapped boundary and actual field conditions.
119
CHAPTER vi
GENERAL STANDARDS
6.01 Applications
The minimum floodplain development standards listed in this chapter apply to the 100 -year flood -
plains delineated by approximate methods and identified as unnumbered A Zones on the Flood In-
surance Rate Maps.
A. Uses Allowed Without Permitg. All uses allowed in a floodway, according to the provisions of Section
5.02 -A of these regulations, shall also be allowed without a permit in unnumbered A -Zone flood -
plains.
B. Uses Requiring Permitq. All uses allowed in the floodway and floodway fringe subject to the issu-
ance of a permit, according to the provisions of Section 5.03 -B, shall require permits from the Flood -
plain Administrator for unnumbered A -Zone floodplains. Also, the provisions of Section 5.03 -B apply
to the A -Zone floodplains with no floodway delineated or water surface profile computed. Since there
are no 10.0-year flood water surface profiles computed for A -Zone floodplains, the following conditions
also apply:
1. Elevation data on the 100 -year flood shall be provided for subdivision proposals according to
the definitions and rules of the Montana Sanitation in Subdivisions Act, MCA 76-4 Part 1
and the rules adopted by DHES under this Act. These data shall be used in applying Sec -
tions 5.03 -B.3, 5.03 -B.4, and 5.03 -B.5 of these regulations. Subdivision proposals shall also
provide for adequate drainage to minimize potential flood hazards.
2. The Floodplain Administrator may obtain, review, and reasonably use any base flood eleva-
tion and floodway data available from federal, state, or other sources, until such data have
been provided by FEMA, to enforce. Section 5.03 -B.3 and 5.03 -B.4 of these regulations; and
3. The Floodplain Administrator may use historical flood elevations to determine suitable fill or
flood- proofing elevations as required by Sections 5.03 -B.3 and 5.03 -B.4 of these regulations;
4. If historical flood evidence is not available, then the Floodplain Administrator shall deter-
mine, from a field review at the proposed development site, an appropriate fill or flood- proof-
ing elevation to use in applying Sections 5.03 -B.3 and 5.03 -B.4 of these regulations. In the
absence of depth or elevation information, a minimum two -foot flood depth shall be used; and
5. Proposed structures must be anchored to prevent floatation or collapse and must be located
as far from stream channels as practicable.
C. Prohibited Uses. Those uses prohibited in the floodway fringe, in accordance with Section 5.03 -C of
these regulations, shall also be prohibited within the A -Zone floodplain boundaries.
D. Floodplain Boundary Interpretation. The Floodplain Administrator shall make interpretations
where needed as to the exact location of the unnumbered A -Zone floodplain boundary when there is a
conflict between a mapped boundary and actual field conditions.
120
CHAPTER VII
FLOOD- PROOFING REQUIREMENTS
7.01 Certification
If the following flood - proofing requirements are to be applied to a proposed structure, as stipulated
by the Floodplain Administrator in accordance with these regulations, the methods used must be
certified as adequate by a registered professional engineer or architect.
7.02 Conformance
Permitted flood -proof systems shall conform to the conditions listed below —and the flood - proofing
standards listed in Section 5.03 -B.4 of these regulations for commercial and industrial structures.
A. Electrical Systemq
1. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be
located at least two feet above the base flood elevation;
2. Portable or movable electrical equipment may be placed below the base flood elevation, if the
' equipment can be disconnected by a single submersible plug- and - socket assembly;
3. The main power service line shall have automatic or manually operated electrical disconnect
equipment located at an accessible location outside the 100 -year floodplain and above the
base flood elevation; and
4. All electrical wiring systems installed at or below the elevation of the 100 -year flood shall be
for continous submergence and may not contain fibrous components.
B. Keating Systems
1. Float operated automatic control valves must be installed in gas furnace supply lines so that
the fuel supply is automatically shut off when flood waters reach the floor level where the
furnace is located;
2. Manually operated gate valves must be installed in gas supply lines. The gate valves must
be operable from a location above the elevation of the 100 -year flood.
3. Electric heating systems must be installed in accordance with the provisions of Section 7.02-
A
C. Plumbin Systems
1. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed
to prevent sewage backup into permitted structures; and
2. All toilet stools, sinks, urinals, and drains must be located so the lowest point of possible
water entry is at least two feet above the elevation of the 100 -year flood.
121
City of 'Laurel
•
LAUREL, MONTANA 59044
P.O. BOX 10 January 26, 1993 PUBLIC WORKS
PHONE: 628 -8791 • DEPARTMENT
s t-
tt
Karl Christians. �.
Floodplain Management Section Supervisor
Water Operations Bureau
Department of Natural Resources and Conservation
P.O. Box 202301 •
Helena, Mt. 59620 -2301
•
Dear Karl:
In accordance with your letter dated,December 7, 1992,
and subsequent visit,. I am pleased to report that the.City
Council has adopted the Management.: Ordinance. The
City ordinance number is 1053 and is dated January 19, 1993.
I have enclosed a copy of the ordinance and the Floodplain
management ordinance for your records.
Sincerely,
_401141111‘
Jame L. Worthington, P.E.
Public Works Director and
Floodplain Administrator
JLW /cl
City of Laurel is an EEO Employer