Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
means flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized
by high-velocity flows; active processes of erosion, sediment transport,
and deposition; and unpredictable flow paths.
means a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
means a request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
means a structure which is on the same parcel of property
as the principal structure to be insured and the use of which is incidental
to the use of the principal structure.
means the land area that would be inundated by the 0.2- percent-annual
(500-year) flood based on future conditions hydrology.
means the land between the limits of the base flood and the
0.2- percent-annual-chance (or 500-year) flood. They are shown on
flood maps as zones labeled with the letters B or X (shaded).
means a designated AO, AH, AR/AO, AR/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.
Area of shallow flooding shall also include any area designated on
the FIRM with a 0.2 percent or greater chance of flooding in any year
(the 500-year floodplain). Such flooding is characterized by ponding
or sheet flow.
means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
The area may be designated as zone A on the flood hazard boundary
map (FHBM). After detailed rate-making has been completed in preparation
for publication of the FIRM, zone A usually is refined into zones
A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, V1-30, VE or V. Area of shallow flooding shall also include any
area designated on the FIRM with a 0.2 percent or greater chance of
flooding in any year (the 500-year floodplain).
means the flood having a 0.2 percent chance of being equaled
or exceeded in any given year, which is also known as the 500-year
flood.
means the water surface elevation resulting from a 0.2 percent
chance flood, which is also known as the 500-year flood.
means any area of the building having its floor subgrade
(below ground level) on all sides.
means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces, without causing damage
to the elevated portion of the building or supporting foundation system.
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 man-made change to improved and unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or material.
means a nonbasement building built, in the case of a building
in zones A-1-30, 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 zone V1-30,
VE, or V, to have the bottom of the lowest horizontal structural member
of the 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, and D, “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 zone V1-30, VE, or V, “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 FIRM or before January 1, 1975, for FIRMs effective before
that date. Existing construction may also be referred to as “existing
structures.”
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before the effective
date of the floodplain management regulations adopted by a community.
means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
means a general or temporary condition of partial or complete
inundation of normally dry land areas from:
means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evacuation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
means the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, and water surface
elevations 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 definition of flood).
means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited
to emergency preparedness plans, flood control works and floodplain
management regulations.
means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
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.
means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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, 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 any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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 historical district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
means a man-made 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). 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 non-elevation 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 a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community’s flood
insurance rate map are referenced.
means the same as “Area of moderate flood hazard”
as previously defined in this section.
means, for the purpose of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM 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.
means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pad(s)) is completed on or after the effective
date of floodplain management regulations adopted by a community.
means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See “Area of special flood hazard.”
(for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes
substantial improvement 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 basement, 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. For a 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 that alteration
affects the external dimensions of the building.
means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
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.
means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value
of the structure either before the improvement or repair is started,
or if the structure has been damaged and is being restored, before
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 on the National Register of Historic Places or a state inventory
of historic places.
means a grant of relief to a person from the requirements
of this article when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development
in a manner otherwise prohibited by this article. (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
requested in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(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 of 1988 (NAVD 88), 2001 adjustment (or other datum, where specified),
of floods of various magnitudes and frequencies in floodplains of
coastal or riverine areas.
(1991 Code, sec. 12-1; Ordinance
88-413, art. 2, adopted 12/8/87; Ordinance 96-500, sec. 1, adopted 8/8/96; Ordinance 00-549, secs. 1, 2, adopted 11/16/99; Ordinance 07-637, sec. 1, adopted 5/24/07; Ordinance 18-816, sec. 2, adopted 2/22/18; 2007 Code, sec. 12-217; Ordinance 21-897, sec. 1, adopted 4/8/21; Ordinance adopting 2022 Code)
The legislature of the state has, in V.T.C.A., Water Code section
16.311 et seq., delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses.
(1991 Code, sec. 12-2; Ordinance
88-413, art. 1, sec. A, adopted 12/8/87; 2007 Code, sec. 12-218)
(a)
The
flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(b)
These
flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(1991 Code, sec. 12-3; Ordinance
88-413, art. 1, sec. B, adopted 12/8/87; 2007 Code, sec. 12-219)
It is the purpose of this article 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 costly 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 and sewer lines, streets and bridges located in
floodplains.
(6)
Help
maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood
blight areas.
(7)
Ensure
that potential buyers are notified that property is in a flood area.
(1991 Code, sec. 12-4; Ordinance
88-413, art. 1, sec. C, adopted 12/8/87; 2007 Code, sec. 12-220)
In order to accomplish its purpose, this article uses the following
methods:
(1)
Restrict
or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights or
velocities.
(2)
Require
that uses vulnerable to floods, including 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 are involved in the accommodation of floodwaters.
(4)
Control
filling, grading, dredging and other development which may increase
flood damage.
(5)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(1991 Code, sec. 12-5; Ordinance
88-413, art. 1, sec. D, adopted 12/8/87; 2007 Code, sec. 12-221)
This article shall apply to all areas of special flood hazard
and moderate flood hazard within the jurisdiction of the city.
(1991 Code, sec. 12-6; Ordinance
88-413, art. 3, sec. A, adopted 12/8/87; 2007 Code, sec. 12-222; Ordinance 21-897, sec. 2, adopted 4/8/21)
(a)
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 for the City of Humble,” dated
June 18, 2007, with accompanying flood insurance rate maps and flood
boundary-floodway maps and any revisions or letter of map revisions
thereto, are hereby adopted by reference and declared to be a part
of this article.
(b)
The
mapped floodplains, including the floodway, as maintained by the Harris
County Flood Control District shall constitute prima facie evidence
of the base flood elevation and floodplains. In the event of a conflict
between the most current map maintained by the Harris County Flood
Control District and FEMA, the more stringent shall apply.
(1991 Code, sec. 12-7; Ordinance
88-413, art. 3, sec. B, adopted 12/8/87; Ordinance 05-602, sec. I, adopted 7/14/05; Ordinance 07-637, sec. 2, adopted 5/24/07; Ordinance 18-816, sec. 3, adopted 2/22/18; 2007 Code, sec. 12-223; Ordinance 21-897, sec. 3, adopted 4/8/21)
A development permit shall be required to ensure conformance
with the provisions of this article.
(1991 Code, sec. 12-8; Ordinance
88-413, art. 3, sec. C, adopted 12/8/87; 2007 Code, sec. 12-224)
No structure or land shall be located, altered or have its use
changed without full compliance with the terms of this article and
other applicable regulations.
(1991 Code, sec. 12-9; Ordinance
88-413, art. 3, sec. D, adopted 12/8/87; 2007 Code, sec. 12-225)
This article is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this article and another ordinance conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(1991 Code, sec. 12-10; Ordinance 88-413, art. 3, sec. E, adopted 12/8/87; 2007 Code, sec. 12-226)
In the interpretation and application of this article, all provisions
shall be:
(1)
Considered
as minimum requirements.
(2)
Liberally
construed in favor of the city council.
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(1991 Code, sec. 12-11; Ordinance 88-413, art. 3, sec. F, adopted 12/8/87; 2007 Code, sec. 12-227)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur and flood heights may be increased by man-made or natural
causes. This article does not imply that land outside the areas of
special flood hazards and moderate flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
article shall not create liability on the part of the community or
any official or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made hereunder.
(1991 Code, sec. 12-12; Ordinance 88-413, art. 3, sec. G, adopted 12/8/87; 2007 Code, sec. 12-228; Ordinance 21-897, sec. 4, adopted 4/8/21)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violations of the
provisions of this article by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,000.00 for
each violation, and in addition shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the city from
taking such other lawful action as is necessary to prevent or remedy
any violation.
(Ordinance 07-642, sec. 1, adopted 6/28/07; 2007 Code, sec. 12-229)
