Unless specifically defined in this section, words or phrases
used in this chapter shall be interpreted to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
means a request for a review of the floodplain administrator’s
interpretation of any provision of this chapter or a request for a
variance.
means the planning and zoning commission of the city.
means a designated AO, AH, or VO zone on a community’s
flood insurance rate map (FIRM) with 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.
means the land inundated by the base flood.
means the flood having a one percent chance of being equaled
or exceeded in any given year.
means the water surface elevation resulting from the flood
that has a 1% chance of equaling or exceeding that level in any given
year.
means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by
the entire system would be compromised.
means any manmade change in improved and unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filing, grading, paving, excavation, drilling operations,
or storage of equipment or materials.
means a nonbasement building built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or in the case of a building in zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the flow of
the water and adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B,
C, X, D, the term “elevated building” also includes a
building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of zones V1-30, VE, or V, the term “elevated building”
also includes a building otherwise meeting the definition of “elevated
building,” even though the lower area is enclosed by means of
breakaway walls if the breakaway walls meet the standards of section
60.3(e)(5) of the National Flood Insurance Program regulations.
means, for the purposes of determining rates, structures
for which the start of construction commenced before the effective
date of the initial FIRM (October 3, 1984). “Existing construction”
may also be referred to as “existing structures.”
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
means an official map of community on which the Federal Emergency
Management Agency (FEMA) has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface
elevation of the base flood, as well as the flood boundary-floodway
map.
means those physical, structural works for which funds have
been authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood modifying works are those constructed in conformance
with sound engineering standards.
means any land area susceptible to being inundated by water
from any source (see the definition of “flooding”).
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.
use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities and port facilities that are
necessary for the loading and unloading of cargo or passengers, and
ship building and ship repair facilities, but does not include long
term storage or related manufacturing facilities.
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
means the lowest floor of the lowest enclosed area, including
basement and garage. 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 requirement
of section 60.3 of the National Flood Insurance Program regulations.
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 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 vehicles.
means, for purposes of the National Flood Insurance Program,
the North American Vertical Datum (NAVD) of 1988 or other datum, to
which base flood elevations shown on a community’s flood insurance
rate map are referenced.
means, for floodplain management purposes, structures for
which the start of construction commenced on or after the effective
date of a floodplain management regulation adopted by a community.
means a vehicle which is: (a) built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal
projection; (c) designed to be self-propelled or permanently towable
by a light duty truck; and (d) designed primarily not for use as a
permanent dwelling but as a temporary living quarters for recreational,
camping, travel, or seasonal use.
(for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes
substantial improvement and means that date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
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 basements, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds, not occupied as dwelling units
or not part of the main structure.
means a walled and roofed building, including a gas or liquid
storage tank, which is principally above ground, as well as a manufactured
home.
means any additions or improvement of a structure, the cumulative
cost of which equals or exceeds 25 percent of the market value of
the structure, or any repair or reconstruction which equals or exceeds
50 percent of the market value of the structure at the time the damage
occurred. For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either 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 any alteration of a structure listed in
the National Register of Historic Places or a state inventory of historic
places.
is a grant of relief to a person from the requirements of
this chapter when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development
in a manner otherwise prohibited by this chapter. (For full requirements,
see section 60.6 of the National Flood Insurance Program regulations.)
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 in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or
(e)(5) of the National Flood Insurance Program regulations is presumed
to be in violation until such time as that documentation is provided.
means the height, in relation to the North American Vertical
Datum (NAVD) of 1988 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
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 flood conditions in specific areas by provisions designed to:
(1)
Protect
human life and health;
(2)
Minimize
expenditure of public money for flood control projects;
(3)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4)
Minimize
prolonged business interruptions;
(5)
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone, storm drainage, sewer lines, streets and bridges
located in floodplains;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of floodprone areas in such a manner as to minimize future flood blight
areas; and
(7)
Advise
individuals in the acquisition or development of lands which are unsuited
for certain purposes because of flood hazards.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
In order to accomplish its purposes, this chapter uses the following
methods:
(1)
Restricting
or prohibiting uses that are dangerous to health, safety or property
in times of flood, or that cause excessive increases in flood heights
or velocities.
(2)
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction.
(3)
Controlling
the alteration of natural floodplains, stream channels and natural
protective barriers which are involved in the accommodation of floodwaters.
(4)
Controlling
filling, grading, dredging and other development which may increase
flood damage.
(5)
Preventing
or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in a scientific and engineering
report entitled the Flood Insurance Study, Tarrant County, Texas and
Incorporated areas dated March 21, 2019, with accompanying flood insurance
rate maps (FIRM), any revisions thereto, and any areas inundated by
the base flood, are hereby adopted by reference and declared to be
part of this chapter.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
No structure or land shall be located, altered or have its use
changed without full compliance with the terms of this chapter and
other applicable regulations.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
This chapter is not intended to repeal, abrogate or impair any
existing easement, covenants or deed restrictions. However, where
this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
In the interpretation and application of this chapter, all provisions
shall be considered as minimum requirements, liberally construed in
favor of the governing body, and deemed neither to limit nor repeal
any other powers granted under state statutes.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions, greater floods can
and will occur and flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside the areas of
special flood hazard 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 or any official or employee thereof for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
The legislature of the state has in the Flood Control Insurance
Act, Texas Water Code, section 16.315, delegated the responsibility
of local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the city council does ordain as follows.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
(1)
The
flood hazard areas of Euless are subject to periodic inundation, which
could result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and public expenditures
for flood protection and relief, all of which adversely affect the
public health, safety and general welfare.
(2)
When
there are flood losses, they are created by the cumulative effect
of obstructions in floodplains which may cause an increase in flood
heights and velocities, and by the occupancy of flood hazard areas
by uses vulnerable to floods and hazardous to other lands because
they are inadequately elevated, floodproofed or otherwise protected
from flood damage.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
