Attachment B - Council draft 32B 3 29 2023.pdf

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Ordinance G-xxxx 
ORDINANCE G-_____ 
AN ORDINANCE AMENDING PHOENIX CITY CODE, 
CHAPTER 32B, PERTAINING TO FLOODPLAINS. 
______________ 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as 
follows: 
SECTION 1. Chapter 32B, Phoenix City Code, is amended to read: 
Sec. 32B-1.  Authorization and findings. 
In Section 48-3610, Arizona Revised Statutes, the Arizona State Legislature authorized 
incorporated cities to adopt regulations in conformance with Section 48-3609, Arizona 
Revised Statutes, which are designed to promote the public health, safety and general 
welfare of its citizenry. Therefore, the Phoenix City Council finds as follows: 
A.
The flood hazard areas SPECIAL FLOOD HAZARD AREAS of the City of Phoenix
are subject to periodic inundation which may result in loss of life and property, health 
and safety hazards, disruption of commerce and governmental services, extraordinary 
public expenditures for flood protection and relief, and impairment of the tax base, all of 
which adversely affect the public health, safety and general welfare. 
B.
These flood losses may be caused by the cumulative effect of obstructions in areas
of special flood hazards SPECIAL FLOOD HAZARD AREAS which increase flood 
heights and velocities and, when inadequately anchored, cause damage in other areas. 
Uses that are inadequately flood-proofed, elevated or otherwise protected from flood 
damage also contribute to the flood loss.  
ATTACHMENT B

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Ordinance G-xxxx 
Sec. 32B-2. 
Purpose. 
It is the purpose of this chapter to promote the public health, safety, and general 
welfare, and to minimize public and private losses due to flooding in specific areas by 
provisions designed to: 
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public; 
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special 
flood hazard SPECIAL FLOOD HAZARD AREAS; 
F.
Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard SPECIAL FLOOD HAZARD AREAS so as to minimize 
blight areas caused by flooding; 
G.
Ensure that potential buyers are notified that property is in an area of special flood
hazard; 
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and 
I. G. Participate in and maintain eligibility for flood insurance and disaster relief.
Sec. 32B-3. 
Methods of reducing flood losses. 
A.
These regulations take precedence over any less restrictive conflicting local laws,
ordinances and codes. 
B.
In order to accomplish its purposes, this chapter includes methods and provisions
to:

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Ordinance G-xxxx 
1.
Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or 
flood heights or velocities; 
2.
Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction; 
3.
Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters; 
4.
Control filling, grading, dredging, and other development which may increase
flood damage; and 
5.
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas. 
Sec. 32B-4. 
Implementation. 
To implement the regulation of the floodplain areas in the City of Phoenix, the City 
Council is designated as the Floodplain Board, and the Public Works Assistant Director 
for Floodplains CITY ENGINEER, OR A CITY ENGINEER APPOINTED DESIGNEE, is 
designated as the administrative agent for these regulations, or Floodplain 
Administrator.

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Definitions 
Sec. 32B-5. 
Definitions. 
Unless specifically defined below, words or phrases used in this chapter must be 
interpreted so as to give them the meaning they have in common usage and to give this 
chapter its most reasonable application. 
Accessory structure means a VEHICULAR PARKING OR STORAGE structure that is 
LOCATED on the same parcel of property as a principal structure., the use of which is 
incidental to the main use of the property. 
Appeal means a request for a review of the Floodplain Administrator’s interpretation of 
any provision of this chapter or a request for a variance. 
Area of shallow flooding means a designated AO or AH Zone on a community’s flood 
insurance rate map (FIRM). These zones have a one percent or greater annual chance 
of flooding to an average depth of one to three feet where a clearly defined channel 
does not exist, where the path of flooding is unpredictable and where velocity flow may 
be evident. Such flooding is characterized by ponding or sheet flow. 
Area of special flood hazard means the land in the floodplain within a community 
subject to a one percent or greater chance of flooding in any given year. These areas 
are designated as Zones A, AE, AO, AH, and A1-30 on the FIRM and other areas as 
determined by the criteria adopted by the Director of the Arizona Department of Water 
Resources. See Special flood hazard area. 
Base flood means a flood that has a one percent chance of being equaled or exceeded 
in any given year (also called the "100-year flood"). 
Base flood elevation (BFE) means the COMPUTED water surface elevation resulting 
from a flood that has a one percent or greater chance of being equaled or exceeded in 
any given year. 
Basement means any area of the building having its floor BELOW subgrade on all 
sides. 
Article II.

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Ordinance G-xxxx 
Building. See Structure. 
CLOMR means Conditional lLetter of mMap rRevision issued by FEMA. 
Community means any state, area or city thereof, or any Indian tribe or authorized tribal 
organization, or authorized native organization, which has authority to adopt and 
enforce floodplain management regulations for the areas within its jurisdiction. 
Development means any manmade change to improved or unimproved real estate, 
including but not limited to buildings or other structures, utilities, pipelines, mining, 
dredging, filling, grading, paving, or excavation or drilling operations or storage of 
equipment or materials. 
Elevation certificate means an administrative tool of the National Flood Insurance 
Program (NFIP) that is used to provide elevation information necessary to ensure 
compliance with community floodplain management ordinances, to determine the 
proper insurance premium rate, and to support a request for a lLetter of mMap 
aAmendment (LOMA) or lLetter of mMap rRevision based on fill (LOMR-F). 
Encroachment means the advance or infringement of uses, plant growth, fill, 
excavation, buildings, permanent structures or development into a floodplain, which 
may impede or alter the flow capacity of a floodplain. 
Erosion means the gradual wearing away process of landmasses. 
FEMA means the Federal Emergency Management Agency. 
FIA means the Federal Insurance Administration. 
Flood or flooding means a general and temporary condition of partial or complete 
inundation of normally dry land areas from: (1) the overflow of floodwaters; (2) the 
unusual and rapid accumulation or runoff of surface waters from any source. ; and/or (3) 
the collapse or subsidence of land along the shore of a lake or other body of water as a 
result of erosion or undermining caused by waves or currents of water exceeding 
anticipated cyclical levels or suddenly caused by an unusually high water level in a 
natural body of water, accompanied by a severe storm or by an unanticipated force of 
nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and 
unforeseeable event which results in flooding as defined in this definition.

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Flood insurance rate map (FIRM) means the official map on which FEMA or FIA has 
delineated both the areas of special flood hazard SPECIAL FLOOD HAZARD AREAS 
and the risk premium zones applicable to the community. 
Flood insurance study (FIS) means the official report provided by FEMA that includes 
flood profiles, FIRM, and the water surface elevations of the base flood. 
Floodplain or flood prone area means any land area susceptible to being inundated by 
water from any source. See Flood or flooding. 
Floodplain Administrator means the City of Phoenix Public Works Assistant Director for 
Floodplains CITY ENGINEER, OR A CITY ENGINEER APPOINTED DESIGNEE, who 
is charged with administering and enforcing these floodplain management regulations. 
Floodplain Board or Board means the CITY OF Phoenix City Council OR A BOARD 
APPOINTED BY THE PHOENIX CITY COUNCIL. 
Floodplain management means the operation of an overall program of corrective and 
preventive measures for reducing flood damage and preserving and enhancing, where 
possible, natural resources in the floodplain, including but not limited to emergency 
preparedness plans, flood control works, floodplain management regulations, and open 
space plans. 
Floodplain management regulations means this chapter and other zoning ordinances, 
subdivision regulations, building codes, health regulations, special purpose ordinances 
(such as grading and erosion control) and other application of police ENFORCEMENT 
power which control development in flood prone areas. This term describes Federal, 
State or local regulations in any combination thereof, which provide standards for 
preventing and reducing flood loss and damage. 
Floodproofing means any combination of structural and nonstructural additions, 
changes, or adjustments to structures which reduce or eliminate THE RISK OF flood 
damage to real estate or improved real property, water and sanitary facilities, structures, 
and their contents. 
Flood-related erosion means the collapse or subsidence of land along the shore of a 
lake or other body of water as a result of undermining caused by waves or currents of 
water exceeding anticipated cyclical levels or suddenly caused by an unusually high

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water level in a natural body of water, accompanied by a severe storm, or by an 
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by 
some similarly unusual and unforeseeable event which results in flooding. 
Floodway means the area CHANNEL of a river or other watercourse and the adjacent 
land areas that must be reserved in order to discharge the base flood without 
cumulatively increasing the water surface elevation more than a designated height. This 
is also referred to as "Regulatory floodway." 
Functionally dependent use means a use which cannot perform its intended purpose 
unless it is located or carried out proximate to water. The term includes only docking 
facilities, port facilities that are necessary for the loading and unloading of cargo or 
passengers, and ship building and ship repair facilities, and does not include long-term 
storage or related manufacturing facilities. 
Governing body means the local governing unit, i.e., county or municipality, which is 
empowered to adopt and implement regulations to provide for the public health, safety 
and general welfare of its citizenry. 
Hardship means the exceptional hardship that would result from a failure to grant the 
requested variance under Article VI of this chapter. The variance must be exceptional, 
unusual, and peculiar to the property involved. Economic or financial reasons, 
inconvenience, aesthetic considerations, physical handicaps, personal preferences, or 
the disapproval of one’s neighbors are not hardship. All of these problems can be 
resolved through other means without granting a variance, even if the alternative is 
more expensive, or requires the property owner to build elsewhere or put the parcel to a 
different use than originally intended.  
Highest adjacent grade means the highest natural elevation of the ground surface prior 
to construction next to the proposed walls of a structure. 
Historic structure means any structure that is: 
1.
Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as 
meeting the requirements for individual listing on the National Register;

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2.
Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily 
determined by the Secretary to qualify as a registered historic district; 
3.
Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or 
4.
Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either: 
a.
By an approved state program as determined by the Secretary of the Interior; or
b.
Directly by the Secretary of the Interior in states without approved programs.
LOMR means lLetter of mMap rRevision issued by FEMA. IT IS AN OFFICIAL 
AMENDMENT TO THE CURRENTLY EFFECTIVE FEMA MAP.  
Lowest floor means the lowest floor of the lowest enclosed area, including the 
basement. An unfinished or flood resistant enclosure, usable solely for parking of 
vehicles, building access or storage, in an area other than a basement area, is not 
considered a building’s lowest floor; provided, that such enclosure is not built so as to 
render the structure in violation of the applicable nonelevation design requirements of 
this chapter. 
Manufactured home means a structure, transportable in one or more sections, which is 
built on a permanent chassis and is designed for use with or without a permanent 
foundation when connected to the required utilities. For floodplain management 
purposes the term manufactured home also includes park trailers, travel trailers, and 
other similar recreational vehicles placed on a site for greater than 180 consecutive 
days. For insurance purposes the term manufactured home does not include park 
trailers, travel trailers, and other similar recreational vehicles. 
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land 
divided into two or more manufactured home lots for rent or sale. 
Market value means replacement cost of a structure less depreciation since 
construction.

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Mean sea level means, for purposes of the National Flood Insurance Program, the 
National Geodetic Vertical Datum (NGVD of 1929), North American Vertical Datum 
(NAVD) of 1988, or other datum, to which base flood elevations shown on a 
community’s fFlood iInsurance rRate mMap are referenced. 
New construction means, for purposes of determining insurance rates, structures for 
which the "start of construction" commenced on or after the effective date of an initial 
fFlood iInsurance rRate mMap or after December 31, 1974, whichever is later, and 
includes any subsequent improvements to such structures. For floodplain management 
purposes, new construction means structures for which the "start of construction" 
commenced on or after the effective date of a floodplain management regulation 
adopted by a community and includes any subsequent improvements to such 
structures. 
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, 
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, 
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, 
along, across or projecting into any watercourse which may alter, impede, retard or 
change the direction and/or velocity of the flow of water, or due to its location, its 
propensity to snare or collect debris carried by the flow of water, or its likelihood of 
being carried downstream. 
One-hundred-year flood or 100-year flood means a flood having a one percent chance 
of being equaled or exceeded in any given year. See Base flood. 
Person means any individual or the individual’s agent, a firm, partnership, association, 
corporation, or any agent of the aforementioned groups, or this State or its agencies or 
cities. 
PRINCIPAL STRUCTURE MEANS A STRUCTURE USED OR INTENDED TO BE 
USED FOR THE PRINCIPAL USE AS PERMITTED ON SUCH LOT BY THE 
REGULATIONS OF THE ZONING DISTRICT IN WHICH IT IS LOCATED, EXCLUSIVE 
OF ANY DETACHED ACCESSORY STRUCTURES. 
Recreational vehicle means a vehicle that is: 
1.
Built on a single chassis; and

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2.
Four hundred square feet or less when measured at the largest horizontal
projection; and 
3.
Designed to be self-propelled or permanently towable by a light duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use. 
Regulatory flood elevation (RFE) means an elevation one foot above the bBase fFlood 
eElevation for a watercourse. 
Regulatory floodway means the channel of a river or other watercourse and the 
adjacent land areas that must be reserved in order to discharge the base flood without 
cumulatively increasing the water surface elevation more than a designated height. 
Riverine means relating to, formed by, or resembling a river (including tributaries), 
stream, or brook. 
Sheet Flow Area. See Area of shallow flooding. 
SPECIAL FLOOD HAZARD AREA (SFHA) means an area THE LAND in the floodplain 
WITHIN A COMMUNITY subject to a one percent or greater chance of flooding in any 
given year. It is shown on a FIRM as THESE AREAS ARE DESIGNATED AS Zone A, 
AO, AE, A99, or AH ON THE FIRM AND OTHER AREAS AS DETERMINED BY THE 
CRITERIA ADPOTED BY THE DIRECTOR OF THE ARIZONA DEPARTMENT OF 
WATER RESOURCES. 
Start of construction includes substantial improvement and other proposed new 
development, and means the date the building permit was issued, provided the actual 
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other 
improvement was within 180 days of the permit date. The actual start means either the 
first placement of permanent construction of a structure on a site, such as the pouring of 
slab or footings, the installation of piles, the construction of columns, or any work 
beyond the stage of excavation; or the placement of a manufactured home on a 
foundation. Permanent construction does not include land preparation, such as clearing, 
grading and filling; nor does it include the installation of streets and/or walkways; nor 
does it include excavation for a basement, footings, piers, or foundations or the erection 
of temporary forms; nor does it include the installation on the property of accessory

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buildings, such as garages or sheds not occupied as dwelling units or not part of the 
main structure. For substantial improvement, the actual start of construction means the 
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or 
not the alteration affects the external dimensions of the building. 
Structure means a walled and roofed building that is principally above ground; this 
includes a gas or liquid storage tank or a manufactured home. 
Substantial damage SUBSTANTIONALLY DAMAGED BUILDING means damage of 
any origin sustained by a structure whereby the cost of restoring the structure to its 
before damaged condition would equal or exceed 50 percent of the market value of the 
structure before the damage occurred. 
Substantial improvement means any reconstruction, rehabilitation, addition, or other 
improvement of a structure, the total cumulative cost of which tracked over a rolling five-
year period equals or exceeds 50 percent of the market value of the structure before the 
start of construction of the improvement. This term includes structures which have 
incurred substantial damage, regardless of the actual repair work performed. The term 
does not, however, include either: 
1.
Any project for improvement of a structure to correct existing violations or State or
local health, sanitary, or safety code specifications which have been identified by the 
local code enforcement official and which are the minimum necessary to ensure safe 
living conditions; or 
2.
Any alteration of a historic structure; provided, that the alteration will not preclude
the structure’s continued designation as a historic structure. 
Variance means a grant of relief from the requirements of this chapter which permits 
construction in a manner that would otherwise be prohibited by this chapter. 
Violation means the failure of a structure or other development to be fully compliant with 
the community’s floodplain management regulations. A structure or other development 
without the elevation certificate, other certifications, or other evidence of compliance 
required by this chapter is presumed to be in violation until such time as that 
documentation is provided.

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Water surface elevation means the height, in relation to the National Geodetic Vertical 
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other 
datum, of floods of various magnitudes and frequencies in the floodplains of coastal or 
riverine areas. 
Watercourse means any lake, river, creek, stream, wash, arroyo, channel, or other 
topographic feature on or over which waters flow at least periodically. The term may 
include specifically designated areas in which flood damage may occur.  
Article III.  
General Provisions 
Sec. 32B-6. 
Lands to which this chapter applies. 
This chapter applies to all areas of special flood hazard SPECIAL FLOOD HAZARD 
AREAS within the corporate limits of the City of Phoenix.  
Sec. 32B-7. 
Basis for establishing the areas of special flood hazard. SPECIAL 
FLOOD HAZARD AREAS. 
The areas of special flood hazard SPECIAL FLOOD HAZARD AREAS identified by 
FEMA in a scientific and engineering report entitled "The Flood Insurance Study (FIS) 
for Maricopa County, Arizona and Incorporated Areas" dated September 30, 2005, with 
accompanying FIRMs dated September 30, 2005, and all subsequent amendments 
and/or revisions, are hereby adopted by reference and declared to be a part of this 
chapter. This FIS and attendant mapping is the minimum area of applicability of this 
chapter and may be supplemented by studies for other areas which allow 
implementation of this chapter and which are recommended to the Floodplain 
Administrator. The Floodplain Administrator, within its area of jurisdiction, will delineate 
(or may, by rule, require developers of land to delineate) for areas where development 
is ongoing or imminent, and thereafter as development becomes imminent, floodplains

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consistent with the criteria developed by FEMA and the Director of the Arizona 
Department of Water Resources. The FIS and FIRM panels are on file at City of 
Phoenix City Hall, 200 W. Washington Street, Phoenix, AZ 85003.  
Sec. 32B-8. 
Compliance. 
All development of land, construction of residential, commercial or industrial structures, 
or future development within delineated floodplain areas is subject to the terms of this 
chapter and other applicable regulations.  
Sec. 32B-9. 
Abrogation and greater restrictions. 
This chapter is not intended to repeal, abrogate or impair any existing easements, 
covenants or deed restrictions. However, where this chapter and another ordinance, 
easement, covenant or deed restriction conflict or overlap, whichever imposes the more 
stringent restrictions shall prevail.  
Sec. 32B-9A. Interpretation. 
In the interpretation of this chapter, all provisions will be: 
A.
Considered as minimum requirements;
B.
Construed to achieve the purposes of this chapter; and
C.
Deemed neither to limit nor repeal any other powers granted under State statutes.
Sec. 32B-10. Disclaimer of liability. 
The degree of flood protection required by this chapter is considered reasonable for 
regulatory purposes and is based on scientific and engineering considerations. Larger 
floods can and will occur on rare occasions. Flood heights may be increased by

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manmade or natural causes. This chapter does not imply that land outside the areas of 
special flood hazards SPECIAL FLOOD HAZARD AREAS or uses permitted within such 
areas will be free from flooding or flood damages. This chapter shall not create liability 
on the part of the City of Phoenix, any officer or employee thereof, the State of Arizona 
or FEMA, for any flood damages that result from reliance on this chapter or any 
administrative decision lawfully made hereunder.  
Sec. 32B-11. Statutory exceptions. 
A.
In accordance with Section 48-3609(I), Arizona Revised Statutes, unless expressly
provided, this and any regulation adopted pursuant to this article does not affect: 
1.
Existing legal uses of property or the right to continuation of such legal use.
However, if a nonconforming use of land or a building or structure is discontinued 
for 12 months, or destroyed to the extent of 50 percent of its value as determined by 
a competent appraiser, any further use must comply with this article and regulations 
of the City of Phoenix; 
2.
Reasonable repair or alteration of property for the purposes for which the
property was legally used on August 3, 1984, or any regulations affecting such 
property takes effect, except that any alteration, addition or repair to a 
nonconforming building or structure which would result in increasing its flood 
damage potential by 50 percent or more must be either floodproofed or elevated to 
or above the rRegulatory fFlood eElevation; 
3.
Reasonable repair of structures constructed with the written authorization
required by Section 48-3613, Arizona Revised Statutes; and 
4.
Facilities constructed or installed pursuant to a certificate of environmental
compatibility issued pursuant to Title 40, Chapter 2, Article 6.2, Arizona Revised 
Statutes. 
B.
Before THE FOLLOWING TYPES OF any authorized construction AUTHORIZED
BY SECTION 48-3613(B), ARIZONA REVISED STATUTES begins for the exceptions 
listed below, the PROPERTY OWNER OR THEIR AGENT responsible person must 
submit plans for the construction to the Floodplain Board ADMINISTRATOR for review

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and comment. In accordance with PURSUANT TO Section 48-3613(C), Arizona 
Revised Statutes: written authorization will not be required, nor will the Floodplain Board 
prohibit: 
1.
The construction of bridges, culverts, dikes and other structures necessary to
the construction of public highways, roads and streets intersecting or crossing a 
watercourse; 
2.
The construction of storage dams for watering livestock or wildlife, structures on
banks of a watercourse to prevent erosion of or damage to adjoining land if the 
structure will not divert, retard or obstruct the natural channel of the watercourse or 
dams for the conservation of floodwaters as permitted by Title 45, Chapter 6, 
Arizona Revised Statutes; 
3.
Construction of tailing dams and waste disposal areas for use in connection with
mining and metallurgical operations. This subsection does not exempt those sand 
and gravel operations that will divert, retard or obstruct the flow of waters in any 
watercourse from complying with and acquiring authorization from the Floodplain 
Board pursuant to regulations adopted by the Floodplain Board under this article; 
4.
Other construction upon determination by the Floodplain Board that written
authorization is unnecessary; 
5.
Any flood control district, county, city, town or other body from exercising powers
granted to it under Title 48, Chapter 21, Article 1, Arizona Revised Statutes; 
6.
The construction of streams, waterways, lakes and other auxiliary facilities in
conjunction with development of public parks and recreation facilities by a public 
agency or city; and 
7.
The construction and erection of poles, towers, foundations, support structures,
guy wires and other facilities related to power transmission as constructed by any 
utility whether a public service corporation or a city.  
C. IN ACCORDANCE WITH 48-3613 (D), ARIZONA REVISED STATUTES, IN
ADDITION TO OTHER PENALTIES OR REMEDIES OTHERWISE PROVIDED BY 
LAW, THIS STATE, A CITY OR A PERSON WHO MAY BE DAMAGED OR HAS BEEN 
DAMAGED AS A RESULT OF THE UNAUTHORIZED DIVERSION, RETARDATION

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OR OBSTRUCTION OF A WATERCOURSE HAS THE RIGHT TO COMMENCE, 
MAINTAIN AND PROSECUTE ANY APPROPRIATE ACTION OR PURSUE ANY 
REMEDY TO ENJOIN, ABATE OR OTHERWISE PREVENT ANY PERSON FROM 
VIOLATING OR CONTINUING TO VIOLATE THIS SECTION OR REGULATIONS 
ADOPTED PURSUANT TO TITLE 48, CHAPTER 21, ARTICLE 1, ARIZONA REVISED 
STATUES. IF A PERSON IS FOUND TO BE IN VIOLATION OF THIS SECTION, THE 
COURT SHALL REQUIRE THE VIOLATOR TO EITHER COMPLY WITH THIS 
SECTION, IF AUTHORIZED BY THE FLOODPLAIN BOARD, OR REMOVE THE 
OBSTRUCTION AND RESTORE THE WATERCOURSE TO ITS ORIGINAL STATE. 
THE COURT MAY ALSO AWARD SUCH MONETARY DAMAGES AS ARE 
APPROPRIATE TO THE INJURED PARTIES RESULTING FROM THE VIOLATION 
INCLUDING REASONABLE COSTS AND ATTORNEY FEES. 
Sec. 32B-12. Unlawful acts. VIOLATIONS. 
A.
It is unlawful for a person to engage in any development or to divert, retard or
obstruct the flow of waters in a watercourse if it creates a hazard to life or property 
without securing the written authorization required by Section 48-3613, Arizona Revised 
Statutes. Where the watercourse is a delineated floodplain, it is unlawful to engage in 
any development affecting the flow of waters without securing written authorization 
required by Section 48-3613, Arizona Revised Statutes. 
B.
Any person found guilty of violating any provision of this chapter shall be guilty of a
Class One misdemeanor. Each day that a violation continues shall be a separate 
offense. punishable as hereinabove described.  
C. A PERSON WHO WITHOUT WRITTEN AUTHORIZATION DAMAGES OR
INTERFERES WITH A FACILITY THAT IS OWNED, OPERATED, OR OTHERWISE 
UNDER THE JURISDICTION OF THE COMMUNITY IS LIABLE FOR BOTH OF THE 
FOLLOWING: 
1. ANY ACTUAL DAMAGES TO PERSONS OR PROPERTY THAT IS CAUSED
BY THE DAMAGE OR INTERFERENCE.

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2. PAYMENT OF COSTS TO THE COMMUNITY FOR REMEDIATING THE
DAMAGE OR INTERFERENCE. 
Sec. 32B-13. Declaration of public nuisance. 
All development located or maintained within any area of special flood hazard SPECIAL 
FLOOD HAZARD AREA after August 8, 1973, in violation of this chapter, is a public 
nuisance and may be abated, prevented or restrained by action of the City.  
Sec. 32B-14. Abatement of violations. 
Within 30 days of discovery of a violation of this chapter, the Floodplain Administrator 
shall submit a report to the Floodplain Board which shall include all information available 
to the Floodplain Administrator which is pertinent to said violation. Within 30 days of 
receipt of this report, the Floodplain Board shall either: 
A.
Take any necessary action to effect the abatement of such violation; or
B.
Issue a variance to this chapter in accordance with the provisions of Article VI
herein; or 
C.
Order the owner of the property upon which the violation exists to provide whatever
additional information may be required for their determination. Such information must be 
provided to the Floodplain Administrator within 30 days of such order and the Floodplain 
Administrator shall submit an amended report to the Floodplain Board within 20 days. At 
the next regularly scheduled public meeting, the Floodplain Board shall either order the 
abatement of said violation or they shall grant a variance in accordance with the 
provisions of Article VI herein; or 
D.
Submit to the Federal Emergency Management Agency a declaration for denial of
insurance, stating that the property is in violation of a cited State or local law, regulation 
or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968 as 
amended.

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Sec. 32B-15. Enforcement. RESERVED 
In addition to other penalties or remedies otherwise provided by law, this State, a city or 
a person who may be damaged or has been damaged as a result of the unauthorized 
diversion, retardation or obstruction of a watercourse has the right to commence, 
maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or 
otherwise prevent any person from violating or continuing to violate this section or 
regulations adopted pursuant to this article. If a person is found to be in violation of this 
section, the court shall require the violator to either comply with this section, if 
authorized by the Floodplain Board, or remove the obstruction and restore the 
watercourse to its original state. The court may also award such monetary damages as 
are appropriate to the injured parties resulting from the violation including reasonable 
costs and attorney fees.  
Sec. 32B-16. Severability. 
This chapter and the various parts thereof are hereby declared to be severable. Should 
any section of this chapter be declared by the courts to be unconstitutional or invalid, 
such decision shall not affect the validity of this chapter as a whole, or any portion 
thereof other than the section so declared to be unconstitutional or invalid.  
Article IV.  
Administration 
Sec. 32B-17. Designation of the Floodplain Administrator. 
The Public Works Assistant Director for Floodplains CITY ENGINEER, OR CITY 
ENGINEER APPOINTED DESIGNEE is hereby appointed to administer, implement and 
enforce this chapter by granting or denying development permits in accordance with its 
provisions.

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19 
Ordinance G-xxxx 
Sec. 32B-18. Duties and responsibilities of the Floodplain Administrator. 
A.
Permit review. Review all development permits to determine that:
1.
The permit requirements of this chapter have been satisfied;
2.
All other required State and Federal permits have been obtained;
3.
The site is reasonably safe from flooding;
4.
IN AREAS WHERE A FLOODWAY HAS NOT BEEN DESIGNATED, THAT Tthe
proposed development does not adversely affect the carrying capacity of areas 
where bBase fFlood eElevations have been determined. but a floodway has not 
been designated.  
IN AREAS WHERE A FLOODWAY HAS NOT BEEN DESIGNATED, THAT Tthe proposed development 
does not adversely affect the carrying capacity of areas where bBase fFlood eElevations have been 
determined. but a floodway has not been designated. 
For purposes of this chapter, adversely affect means that the cumulative effect of 
the proposed development, when combined with all other existing and anticipated 
development, will not increase the water surface elevation of the base flood more 
than one foot at any point. 
B.
Substantial improvement and substantial damage procedures.
1.
Using FEMA Publication P-758, "Substantial Improvement/Substantial Damage
Desk Reference (2010)," develop detailed procedures for identifying and 
administering requirements for substantial improvement and substantial damage, to 
include defining "market value." 
2.
Ensure procedures are coordinated with other departments and divisions and
implemented by community staff. 
C.
Use of other base flood data. When base flood elevation data has not been
provided in accordance with Section 32B-7, the Floodplain Administrator will obtain, 
review and reasonably utilize any Bbase Fflood Eelevation data available from a 
Federal, State or other source, in order to administer Article V of this chapter. Any such 
information must be consistent with the requirements of FEMA and the Director of the

DRAFT 
20 
Ordinance G-xxxx 
Arizona Department of Water Resources and may be submitted to the Floodplain Board 
for adoption. 
D.
Obtain and maintain for public inspection:
1. The certified regulatory flood elevation CERTIFICATION required in Sections
32B-20(C)(1) and 32B-24 (LOWEST FLOW ELEVATIONS, BOTTOM OF THE 
STRUCTURAL FRAME AND UTILITIES); 
2.
The floodproofing certification CERTIFICATION required in Section 32B-
20(C)(2) (LOWEST FLOOR ELEVATIONS OR FLOODPROOFING OF 
NONRESIDENTIAL STRUCUTURES AND UTILITIES);  
3.
The flood vent CERTIFICATION required in Section 32B-20(C)(3) (FLOOD
VENTS); 
4.
The elevation cCertification required for additional development standards,
including subdivisions, in Section 32B-23(A)(2) (SUBDIVISIONS AND OTHER 
PROPOSED DEVELOPMENT STANDARDS); 
5.
The floodway encroachment cCertification required in Section 32B-26(A)
(FLOODWAY ENCROACHMENTS); 
6.
Maintain a record RECORDS of all variance actions, including justification for
their issuance; and 
7.
Obtain and maintain improvement and damage calculations, required for
subsection B of this section, over a rolling five-year period. 
E.
Notification of other entities.
1.
Whenever a watercourse is to be altered or relocated:
a.
Notify adjacent communities and the Arizona Department of Water
Resources prior to such alteration or relocation of a watercourse, and submit 
evidence of such notification to FEMA through appropriate notification means; 
and 
b.
Ensure that the flood carrying capacity of the altered or relocated portion of
said watercourse be maintained.

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21 
Ordinance G-xxxx 
2.
Base flood elevation and rate of flow due to physical alterations.
a.
Base flood elevations may increase or decrease resulting from physical
changes affecting flooding conditions. As soon as practicable, but not later than 
six months after the date such information becomes available, the Floodplain 
Administrator will notify FEMA of the changes by submitting technical or 
scientific data in accordance with 44 CFR Section 65.3. Such a submission is 
necessary so that upon confirmation of those physical changes affecting 
flooding conditions, risk premium rates and floodplain management 
requirements will be based upon current data. 
b.
Within 120 days after completion of construction of any flood control
protective works which changes the rate of flow during the flood or the 
configuration of the floodplain upstream or downstream from or adjacent to the 
project, the person or agency responsible for installation of the project must 
provide to the governing bodies of all jurisdictions affected by the project a new 
delineation of all floodplains affected by the project. The new delineation must 
be done according to the criteria adopted by the Director of the Arizona 
Department of Water Resources. 
3.
Corporate boundary changes. Notify FEMA of acquisition by means of
annexation, incorporation or otherwise, of additional areas of jurisdiction. 
F.
Map determinations. Make interpretations, where needed, as to the exact location of
the boundaries of the areas of special flood hazards SPECIAL FLOOD HAZARD 
AREAS (e.g., where there appears to be a conflict between a mapped boundary and 
actual field conditions). The person contesting the location of the boundary will be given 
a reasonable opportunity to appeal the interpretation as provided in Article VI of this 
chapter. 
G.
Remedial actions. Take actions on violations of this chapter as required in Section
32B-14. 
H.
Policies and procedures. Develop and adopt policies and procedures necessary to
implement this chapter.

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22 
Ordinance G-xxxx 
Sec. 32B-19. Establishment of development permit. 
A development permit must be obtained before construction or development begins, 
including placement of manufactured homes, within any area of special flood hazard 
SPECIAL FLOOD HAZARD AREA established in Section 32B-7. Application for a 
development permit must be made on forms furnished by the Floodplain Administrator 
and may include, but not be limited to, plans in duplicate drawn to scale showing the 
nature, location, dimensions and elevation of the area in question, existing or proposed 
structures, fill, storage of materials, drainage facilities and the location of the foregoing. 
Specifically, the following information is required: 
A.
Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all structures. In Zone AO, elevation of existing highest adjacent natural 
grade and proposed elevation of lowest floor of all structures; 
B.
Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed; 
C.
Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in Section 32B-
20(C)(2); 
D.
Base fFlood eElevation data for subdivision proposals or other development greater
than 50 lots or five acres, whichever is the lesser; and 
E.
Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.

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23 
Ordinance G-xxxx 
Article V.  
Provisions for Flood Hazard Reduction 
Sec. 32B-20. Standards of construction. 
In all areas of special flood hazard SPECIAL FLOOD HAZARD AREAS the following 
standards are required: 
A.
Anchoring.
1.
All new construction and substantial improvements must be anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic 
and hydrostatic loads, including the effects of buoyancy; and 
2.
All manufactured homes must meet the anchoring standards of Section 32B-
24(A)(2). 
B.
Construction materials and methods.
1.
All new construction and substantial improvements must be constructed with
materials and utility equipment resistant to flood damage; 
2.
All new construction and substantial improvements must be constructed using
methods and practices that minimize flood damage; 
3.
All new construction, substantial improvement and other proposed new
development must be constructed with electrical, heating, ventilation, plumbing and 
air conditioning equipment and other service facilities that are designed and/or 
located so as to prevent water from entering or accumulating within the components 
during conditions of flooding; and 
4. 3. Within Zone AH or AO, adequate drainage paths must be constructed around
structures on slopes to guide floodwaters around and away from proposed 
structures. 
C.
Elevation and floodproofing.

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24 
Ordinance G-xxxx 
1.
Residential construction. Residential construction, new or substantial
improvement, must have the lowest floor, including basement ELEVATED TO OR 
ABOVE THE REGULATORY FLOOD ELEVATION.: 
a.
In an AO Zone ZONE AO, elevated to or above the regulatory flood
elevation, or elevated at least two feet above the highest adjacent grade if no 
depth number is specified. THE BASE FLOOD ELEVATION IS DETERMINED 
FROM THE FIRM PANEL. IF UNSPECIFIED, THE REQUIRED ELEVATION IS 
AT MINIMUM TWO (2) FEET ABOVE THE HIGHEST ADJACENT GRADE. 
b.
In an A Zone where a BFE has not been determined, THE BASE FLOOD
ELEVATION IS DETERMINED LOCALLY BY THE elevated to or above the 
regulatory flood elevation or be elevated in accordance with the criteria 
developed by FEMA or the Director of the Arizona Department of Water 
Resources. SET OUT IN SECTION 32B-18(C). 
c.
In Zones AE, AND AH and A1-30, THE BASE FLOOD ELEVATION IS
DETERMINED FROM THE FIS AND/OR FIRM. elevated to or above the 
regulatory flood elevation. 
D. A GARAGE ATTACHED TO A RESIDENTIAL STRUCTURE,
CONSTRUCTED WITH THE GARAGE FLOOR SLAB BELOW THE 
REGULATORY FLOOD ELEVATION, MUST BE DESIGNED TO ALLOW FOR 
THE AUTOMATIC ENTRY AND EXIT OF FLOOD WATERS AND MUST BE 
USED SOLEY FOR PARKING, ACCESS AND/OR STORAGE.  SEE SECTION 
32B-20(C)3. 
Upon completion of the structure, the elevation of the lowest floor including 
basement must be certified by a registered professional engineer or surveyor, and 
verified by the community’s building inspector to be properly elevated. Such 
certification and verification must be provided to the Floodplain Administrator. 
2.
Nonresidential construction. Nonresidential construction, new or substantial
improvement, must either be elevated to conform with subsection (C)(1) of this 
section or together with attendant utility and sanitary facilities:

DRAFT 
25 
Ordinance G-xxxx 
a.
Be floodproofed below the elevation recommended under subsection (C)(1)
of this section so that the structure is watertight with walls substantially 
impermeable to the passage of water; 
b.
Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and 
c.
Be certified by a registered professional engineer or architect that the
standards of this section are satisfied. Such certification must be provided to the 
Floodplain Administrator. 
 UPON COMPLETION OF THE STRUCUTRE, CERTIFICATION BY A 
REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR THAT THE 
ELEVATION REQUIREMETNTS OF THE LOWEST FLOOR, INCLUDING 
BASEMENT, OF THIS SECTION HAVE BEEN SATISFIED SHALL BE PROVIDED 
TO THE FLOODPLAIN ADMINISTRATOR; OR CERTIFICATION BY A 
REGISTERED PROFESSIONAL ENGINEER OR ARCHITECT THAT THE 
FLOODPROOFING STANDARDS OF THIS SECTION ARE SATISFIED SHALL BE 
PROVIDED TO THE FLOODPLAIN ADMINISTRATOR FOR VERIFICATION. 
3.
Flood openings. All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely 
for parking of vehicles, building access or storage, and which are subject to 
flooding, must be designed to automatically equalize hydrostatic flood forces on 
exterior walls by allowing for the entry and exit of floodwater. Designs for meeting 
this requirement must meet or exceed the following criteria: 
a. Have a minimum of two openings, on different sides of each enclosed area,
having a total net area of not less than one square inch for every square foot of 
enclosed area subject to flooding. The bottom of all openings must be no higher 
than one foot above grade. Openings may be equipped with screens, louvers, 
valves, or other coverings or devices; provided, that they permit the automatic 
entry and exit of floodwater; or 
a.
FOR NON-ENGINEERED OPENINGS:

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26 
Ordinance G-xxxx 
1.
HAVE A MINIMUM OF TWO OPENINGS, ON DIFFERENT SIDES OF
EACH ENCLOSED AREA, HAVING A TOTAL NET AREA OF NOT LESS 
THAN ONE SQUARE INCH FOR EVERY SQUARE FOOT OF 
ENCLOSED AREA SUBJECT TO FLOODING.  
2. THE BOTTOM OF ALL OPENINGS MUST BE NO HIGHER THAN
ONE FOOT ABOVE GRADE. 
3. OPENINGS MAY BE EQUIPPED WITH SCREENS, LOUVERS,
VALVES, OR OTHER COVERINGS OR DEVICES; PROVIDED, THAT 
THEY PERMIT THE AUTOMATIC ENTRY AND EXIT OF 
FLOODWATER; OR 
b. A registered engineer or architect may design and certify the openings.
b.
FOR ENGINEERED OPENINGS (OR COVERS AND DEVICES):
1. ARE SPECIFICALLY DESIGNED AND CERTIFIED BY A
REGISTERED ENGINEER OR ARCHITECT AS MEETING THE 
REQUIRED PERFORMANCE AND DESIGN REQUIREMENTS. 
2. HAVE AN EVALUATION REPORT ISSUED BY THE
INTERNATIONAL CODE COUNCIL EVALUATION SERVICE (ICC-ES), 
INC, A SUBSIDIARY OF THE INTERNATIONAL CODE COUNCIL, INC. 
4.
Manufactured homes. Manufactured homes must meet the standards in Section
32B-24. 
5.
Garages and accessory ACCESSORY structures.
a.
Attached garages.
(1)
A garage attached to a residential structure, constructed with the
garage floor slab below the regulatory flood elevation, must be designed to 
allow for the automatic entry of flood waters. See subsection (C)(3) of this 
section. Areas of the garage below the regulatory flood elevation must be 
constructed with flood resistant materials. See subsection B of this section.

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27 
Ordinance G-xxxx 
(2)
A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. 
b. A.  Detached garages and accessory structures. AN "Accessory structure"
used solely for parking or storage, as defined in Article II of this chapter, may be 
constructed such that its floor is below the rRegulatory fFlood eElevation, 
provided the structure is designed and constructed in accordance with the 
following requirements: 
(1)
Use of the accessory structure must be limited to parking or storage;
(2)
The portions of the accessory structure located below the regulatory
flood elevation must be built using flood-resistant materials; 
(3)
The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement; 
(4)
Any mechanical and utility equipment in the accessory structure must
be elevated or floodproofed to or above the Rregulatory Fflood Eelevation; 
(5)
The accessory structure must comply with floodway encroachment
provisions in Section 32B-26; and 
(6)
The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with subsection (C)(3) of this section. 
Detached garages and accessory ACCESSORY structures not meeting the 
above standards must be constructed in accordance with all applicable 
standards in this section. 
Upon completion of an accessory structure, certification by a registered 
professional engineer, surveyor or local official that the requirements of this 
section have been satisfied must be provided to the Floodplain Administrator for 
verification.  
6. MACHINERY AND SERVICE EQUIPMENT
ALL NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENT AND OTHER 
PROPOSED NEW DEVELOPMENT MUST BE CONSTRUCTED WITH

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28 
Ordinance G-xxxx 
ELECTRICAL, HEATING, VENTILATION, PLUMBING, AND AIR CONDITIONING 
EQUIPMENT AND OTHER SERVICE FACILITIES THAT ARE DESIGNATED 
AND/OR LOCATED SO AS TO PREVENT WATER FROM ENETERING OR 
ACCUMULATING WITHIN THE COMPONENTS DURING CONDITIONS OF 
FLOODING.  
Sec. 32B-21. Standards for storage of materials and equipment. 
A.
The storage or processing of materials that could be injurious to human, animal or
plant life if released due to damage from flooding is prohibited in sSpecial fFlood 
hHazard aAreas. 
B.
Storage of other material or equipment may be allowed if not subject to damage by
floods and if firmly anchored to prevent flotation, or if readily removable from the area 
within the time available after flood warning.  
Sec. 32B-22. Standards for utilities WATER SUPPLY AND WASTE DISPOSAL 
SYSTEMS. 
A.
All new or replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the system and 
discharge from systems into flood waters. 
B.
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding. 
C.
Waste disposal systems shall not be installed wholly or partially in a regulatory
floodway.

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29 
Ordinance G-xxxx 
Sec. 32B-23. Additional development standards, including subdivisions. 
A.
All new subdivision proposals and other proposed development (including proposals
for manufactured home parks and subdivisions), greater than 50 lots or five acres, 
whichever is the lesser, shall: 
1.
Identify the area of the sSpecial fFlood hHazard aArea and the elevation of the
bBase fFlood ELEVATION. 
2.
Identify on the final plans the elevation(s) of the proposed structure(s) and pads.
If the site is filled above the bBase fFlood eElevation, the final lowest floor and 
grade elevations shall be certified by a registered professional engineer or surveyor 
and provided to the Floodplain Administrator. 
B.
All subdivision proposals and other proposed development shall be consistent with
the need to minimize flood damage. 
C.
All subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and constructed 
to minimize flood damage. 
D.
All subdivision proposals and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards. 
Sec. 32B-24. Standards for manufactured homes. 
A.
All manufactured homes that are placed on site or substantially improved must:
1.
Be elevated so that the bottom of the structural frame or the lowest point of any
attached appliances, whichever is lower, is at or above the Rregulatory Fflood 
Eelevation; and 
2.
Be securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Methods of anchoring may include, but are 
not to be limited to, use of over-the-top or frame ties to ground anchors. This 
requirement is in addition to applicable State and local anchoring requirements for 
resisting wind forces.

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30 
Ordinance G-xxxx 
B.
Upon completion of installation of the manufactured home, certification by a
registered professional engineer or surveyor that the elevation requirements of this 
section have been satisfied must be provided to the Floodplain Administrator for 
verification.  
Sec. 32B-25. Standards for recreational vehicles. 
All recreational vehicles placed on A site IN A SPECIAL FLOOD HAZARD AREA shall: 
A.
Be on site for fewer than 180 consecutive days; or
B.
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, is attached to the site only by quick 
disconnect type utilities and security devices, and has no permanently attached 
additions; or 
C.
Meet the permit requirements of Article IV of this chapter and the elevation and
anchoring requirements for manufactured homes in Section 32B-24. 
Sec. 32B-26. Floodways. 
Located within areas of special flood hazard SPECIAL FLOOD HAZARD AREAS 
established in Section 32B-7 are areas designated as floodways. Since the floodway is 
an extremely hazardous area due to the velocity of floodwaters which carry debris, 
potential projectiles and erosion potential, the following provisions apply: 
A.
Prohibit encroachments, including fill, new construction, substantial improvements
and other development, unless certification by a registered professional engineer or 
architect is provided demonstrating that encroachments shall not result in any increase 
in flood levels during the occurrence of the base flood discharge. 
B.
If this section is satisfied, all new construction and substantial improvements shall
comply with all other applicable flood hazard reduction provisions of Article V.

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31 
Ordinance G-xxxx 
Article VI.  
Variance Procedure 
Sec. 32B-27. Nature of variances. 
A.
The variance criteria set forth in this article are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. 
A variance may be granted for a parcel of property with physical characteristics so 
unusual that complying with the requirements of this chapter would create an 
exceptional hardship to the applicant or the surrounding property owners. The 
characteristics must be unique to the property and not be shared by adjacent parcels. 
The unique characteristic must pertain to the land itself, not to the structure, its 
inhabitants or the property owners. 
HARDSHIP MEANS A SITUATION THAT WOULD RESULT FROM A FAILURE TO 
GRANT THE REQUESTED VARIANCE UNDER ARTICLE VI OF THIS CHAPTER. 
THE VARIANCE MUST BE EXCEPTIONAL, UNUSUAL, AND PECULIAR TO THE 
PROPERTY INVOLVED. ECONOMIC OR FINANCIAL REASONS, INCONVENIENCE, 
AESTHETIC CONSIDERATIONS, PHYSICAL HANDICAPS, PERSONAL 
PREFERENCES, OR THE DISAPPROVAL OF ONE’S NEIGHBORS ARE NOT 
HARDSHIP. ALL OF THESE PROBLEMS CAN BE RESOLVED THROUGH OTHER 
MEANS WITHOUT GRANTING A VARIANCE, EVEN IF THE ALTERNATIVE IS MORE 
EXPENSIVE, OR REQUIRES THE PROPERTY OWNER TO BUILD ELSEWHERE OR 
PUT THE PARCEL TO A DIFFERENT USE THAN ORIGINALLY INTENDED. 
B.
It is the duty of the City OF PHOENIX to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below 
the rRegulatory fFlood eElevation are so serious that variances from the flood elevation 
or from other requirements in the flood ordinance are quite rare. The long-term goal of 
preventing and reducing flood loss and damage can only be met if variances are strictly 
limited. Therefore, the variance guidelines provided in this chapter are more detailed 
and contain multiple provisions that must be met before a variance can be properly 
granted. The criteria are designed to screen out those situations in which alternatives 
other than a variance are more appropriate.

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32 
Ordinance G-xxxx 
Sec. 32B-28. Appeal Board OF REVIEW. 
A.
The Floodplain Board of the City of Phoenix shall hear and decide appeals and
requests for variances from the requirements of this chapter. 
B.
The Floodplain Board shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Floodplain 
Administrator in the enforcement or administration of this chapter. 
C.
In passing upon CONSIDERING such applications, the Floodplain Board shall
consider all technical evaluations, all relevant factors, standards specified in other 
sections of this chapter, and: 
1.
The danger that materials may be swept onto other lands to the injury of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner; 
4.
The importance of the services provided by the proposed facility to the
community; 
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations for the proposed use, which are not
subject to flooding or erosion damage; 
7.
The compatibility of the proposed use with existing and anticipated
development; 
8.
The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for that area; 
9.
The safety of access to the property in time of flood for ordinary and emergency
vehicles;

DRAFT 
33 
Ordinance G-xxxx 
10.
The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and 
11.
The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, 
electrical, water system and streets and bridges. 
D.
Upon consideration of the factors of this section and the purposes of this chapter,
the Floodplain Board may attach such conditions to the granting of variances as it 
deems necessary to further the purposes of this chapter. 
E.
Any applicant to whom a variance is granted will be given written notice over the
signature of a community official that: 
1.
The issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as high as 
$25.00 for $100.00 of insurance coverage; and 
2.
Such construction below the regulatory flood level increases risks to life and
property. 
F.
The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance.  
Sec. 32B-29. Conditions for variances. 
A.
Generally, Variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and 
surrounded by lots with existing structures constructed below the regulatory flood 
elevation, provided the procedures of Articles IV and V of this chapter have been fully 
considered. As the lot size increases beyond one-half acre, the technical justification 
required for issuing the variance increases. 
B.
Variances may be issued for the repair, rehabilitation or restoration of structures
listed in the National Register of Historic Places or the State Inventory of Historic 
Places, upon a determination that the proposed repair or rehabilitation will not preclude 
the structure’s continued designation as a historic structure and the variance is the 
minimum necessary to preserve the historic character and design of the structure.

DRAFT 
34 
Ordinance G-xxxx 
C.
For a variance to be granted, the circumstances must be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not 
exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal 
preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as 
an exceptional hardship. All of these problems can be resolved through other means 
without granting a variance, even if the alternative is more expensive, or requires the 
property owner to build elsewhere or put the parcel to a different use than originally 
intended. 
D.
Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result. 
E.
Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief. 
F.
Variances shall only be issued upon a:
1.
Showing of good and sufficient cause;
2.
Determination that failure to grant the variance would result in exceptional
hardship to the applicant; 
3.
Showing that the use cannot perform its intended purpose unless it is located or
carried out in close proximity to water. This includes only facilities defined in Article 
II of this chapter in the definition of functionally dependent use; and 
4.
Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create 
nuisances, cause fraud on or victimization of the public or conflict with existing local 
laws or ordinances.  
A.
VARIANCES SHALL ONLY BE ISSUED:
1. UPON DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOT
RESULT IN INCREASED FLOOD HEIGHTS, ADDITIONAL THREATS TO PUBLIC 
SAFETY, EXTRAORDINARY PUBLIC EXPENSE, CREATE NUISANCES, CAUSE 
FRAUD ON, VICTIMIZATION OF THE PUBLIC, OR CONFLICT WITH EXISTING 
LOCAL LAWS OR ORDINANCES;

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35 
Ordinance G-xxxx 
2. FOR THE REPAIR, REHABILITATION, OR RESTORATION OF STRUCTURES
LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES OR THE STATE 
INVENTORY OF HISTORIC PLACES, UPON A DETERMINATION THAT THE 
PROPOSED REPAIR OR REHABILITATION WILL NOT PRECLUDE THE 
STRUCTURES’ CONTINUED DESIGNATION AS A HISTORIC STRUCTURE AND 
THE VARIANCE IS THE MINIMUM NECESSARY TO PRESERVE THE HISTORIC 
CHARACTER AND DESIGN OF THE STRUCTURE;  
3. UPON A DETERMINATION THAT THE VARIANCE IS THE MINIMUM
NECESSARY, CONSIDERING THE FLOOD HAZARD, TO AFFORD RELIEF; 
4. UPON A SHOWING OF GOOD AND SUFFICIENT CAUSE;
5. UPON A DETERMINATION THAT FAILURE TO GRANT THE VARIANCE
WOULD RESULT IN HARDSHIP TO THE APPLICANT; 
6. UPON A SHOWING THAT THE USE CANNOT PERFORM ITS INTENDED
PURPOSE UNLESS IT IS LOCATED OR CARRIED OUT IN CLOSE PROXIMITY 
TO WATER. THIS INCLUDES ONLY FACILITIES DEFINED IN THIS CHAPTER 
UNDER “FUNCTIONALLY DEPENDENT USE.” 
B. VARIANCES SHALL NOT BE ISSUED WITHIN ANY FLOODWAY IF ANY
INCREASE IN THE BASE FLOOD ELEVATION WOULD RESULT. 
C. VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL
IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN 
SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING 
STRUCTURES CONSTRUCTED BELOW THE REGULATORY FLOOD ELEVATION, 
PROVIDED THE PROCEDURES OF THIS ORDINANCE HAVE BEEN FULLY 
CONSIDERED. AS THE LOT SIZE INCREASES BEYOND ONE-HALF ACRE, THE 
TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE 
INCREASES.