(Code 1983, § 5-120; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
The legislature of the state has, in V.T.C.A., Water Code § 16.3145,
delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the city
council does hereby ordain this article.
(Code 1983, § 5-121; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
(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.
(Code 1983, § 5-122; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
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 floodprone areas in such a manner as to minimize future
flood blight areas; and
(7)
Ensure that potential buyers are notified that property is in a flood
area.
(Code 1983, § 5-124; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-502, § I, 8-22-1991; Ord. No. B-533, § 1, 10-28-1993; Ord. No. B-559, § I, 8-10-1995; Ord. No. B-559(A1008), §§ I, II, 10-23-2008; 9-18-2023 by Ord. No.
5225-09-2023)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any increase in flood stages, flood velocity, flows, the
potential for erosion and sedimentation, degradation of water quality,
or increased cost of public services.
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.
A point on an alluvial fan or similar land form below which
the flow path of the major stream that formed the fan becomes unpredictable
and alluvial fan flooding can occur.
A request for a review of the floodplain administrator's
interpretation of any provision of this article or a request for a
variance.
The board of adjustment created in the Zoning Ordinance No.
B-582, printed as appendix B to this code.
A designated AO or AH 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.
The land in the floodplain within the 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 ratemaking has been completed in preparation
for publication of the FIRM, zone A usually is refined into zones
A, AE, AH, AO, A1 through 99.
The flood having a one percent chance of being equalled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Person or group of persons or consultants or any employee
thereof who has been appointed as city engineer, or authorized designee,
in accordance with Ordinance No. C-153 or as such ordinance may be
amended.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any manmade change in 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 materials.
A nonbasement building built, in the case of a building in
zones A1 through 30, AE, A, A99, AO, AH, B, C, X and D, to have the
top of the elevated floor elevated above the ground level by means
of pilings, columns (posts and piers) or shear walls parallel to the
floor 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 through 30, AE, A, A99,
AO, AH, B, C, X, and 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 floodwater.
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. The term "existing construction" may also be referred to as
"existing structures."
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.
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).
A general and temporary condition or partial or complete
inundation of normally dry land areas from:
An official map of a community, issued by the Federal Emergency
Management Agency, where the areas within the boundaries of special
flood hazards have been designated as zone A.
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.
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.
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 or 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.
Any land area susceptible to being inundated by water from
any source (see definition of flood or flooding).
The operation of an overall program or corrective and preventive
measures for reducing flood damage including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
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.
Any combination of structural and nonstructural 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.
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.
Shall refer to the discharges calculated by the city's
most recent master drainage study models assuming future land use
conditions in the watershed.
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 shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Any floor usable for the following purposes, which include
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used for storage purposes only is not a habitable
floor.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminary determined by the secretary
to qualify as a registered historic district;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A manmade structure, usually an earthen embankment, designated
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.
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.
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, however, 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.
Includes mobile homes and HUD-code manufactured homes as
defined in appendix
B, zoning ordinance, section 12 [section 50],
"special definitions and explanations." 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.
A unified development of local manufactured housing spaces
arranged on a large tract or site under single ownership, meeting
all requirements of chapter 9 [sic], manufactured homes and travel
trailers, and designed to accommodate manufactured houses for either
a temporary or permanent duration.
A unified development of manufactured housing sites on lots
platted for such purposes, which lots may be sold to the owners of
manufactured houses situated thereof, meeting the area and yard requirements
of the zoning ordinance and designed to accommodate manufactured houses
on a permanent basis.
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.
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.
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 on or after the effective date
of floodplain management regulations adopted by a community.
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projections;
designed to be self-propelled or permanently towable by a light duty
truck; and designed primarily not for use as a permanent dwelling
but as 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 the date of the building permit
(or first building permit for a succession of building permits) was
issued, provided that 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally aboveground, as well as a manufactured home.
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.
Any repair, reconstruction or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement.
This includes structures which have incurred "substantial damage"
regardless of the actual repair work performed. 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 ensure safe living conditions; or
Alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a
"historic structure."
Any building permit issued that causes the total cumulative
value of all improvements to exceed 50 percent of the market value
of the structure prior to the issuance of the first building permit
will be classified as a substantial improvement.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefor, 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.)
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), or (d)(3), (NFIP regulations)
is presumed to be in violation until such time as that documentation
is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(Code 1983, § 5-141; Ord. No. B-398, § 1, 9-26-1985; Ord. No. B-432, § 4, 5-14-1987; Ord. No. B-559(A1008), §
III, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
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. Violation of the
provisions of this article by failure to comply with any of its requirements
(including violations or 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 $500.00 for
each violation, and in addition shall pay all costs and expenses involved
in the case. Each day that a violation is permitted to exist shall
constitute a separate offense. Nothing herein contained shall prevent
the city from taking other lawful action as is necessary to prevent
or remedy any violation.
(Code 1983, § 5-123; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
In order to accomplish its purposes, 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 filing, 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.
(Code 1983, § 5-125; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
The article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Code 1983, § 5-128; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
No structure or land shall hereafter be located, altered or
have its use changed without full compliance with the terms of this
article and other applicable regulations.
(Code 1983, § 5-129; Ord. No. B-432, § 1, 5-14-1987)
This article is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this article and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
(Code 1983, § 5-130; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
In the interpretation and application of this article, all provisions
shall be:
(Code 1983, § 5-131; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. On rare occasions greater floods can and
will occur and flood heights may be increased by manmade or natural
causes. This article does not imply that land outside the areas of
special 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 thereunder.
(Code 1983, § 5-126; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-437, § 1, 8-13-1987; Ord. No. B-502, § I, 8-22-1991; Ord. No. B-521, § 1, 1-28-1993; Ord. No. B-537, § 1, 12-2-1993; Ord. No. B-559, § I, 8-10-1995; Ord. No. B-559(A1008), §
IV, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering
report entitled, "Flood Insurance Study (FIS) for Johnson and Tarrant
Counties, Texas and Incorporated Areas," dated September 21, 2023,
with accompanying flood insurance rate maps (FIRM) dated September
21, 2023 and with accompanying flood insurance rate maps (FIRM) dated
September 21, 2023 and any revisions thereto are hereby adopted by
reference and declared to be a part of this article. The city's
most recent master drainage study models and the resulting floodplain
areas are adopted for the purposes of regulating adverse impacts and
establishing fully developed flood elevations.
