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 designated AO, AH, or VO zone on a community’s
flood insurance rate map (FIRM) with a one percent chance 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.
is 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 ratemaking has been completed in preparation
for publication of the FIRM, zone A usually is refined into zones
A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
means the flood having a one percent chance of being equaled
or exceeded in any given year.
means any area of the building having its floor subgrade
(below ground level) on all sides.
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, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
means a nonbasement building (i) 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 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 (ii) 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 flood waters. In the case of zones 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 met 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 and temporary condition of partial or complete
inundation of normally dry land areas from:
rate map (FIRM) 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.
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 any land area susceptible to being inundated by water
from any source (see definition of flooding).
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 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 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 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 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 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 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 or 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 or 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.
The term “manufactured home” does not include a “recreational
vehicle”.
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, 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 pads) 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.
(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 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 reconstruction, rehabilitation, addition, 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: (1) Any project for improvement of a structure to correct
existing violations of 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 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.”
is a grant of relief to a person from the requirement 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)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
means 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.
(Ordinance 618, art. 2, adopted 7/22/97)
The Legislature of the State of Texas has in (statutes) V.T.C.A.,
Water Code sec. 16.311 et seq., delegated the responsibility of local
governmental units to adopt regulations designated to minimize flood
losses.
(Ordinance 618, art. 1, sec. A,
adopted 7/22/97)
(1)
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.
(2)
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 hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
(Ordinance 618, art. 1, sec. B,
adopted 17/22/97; Ordinance
708, sec. 1, adopted 6/23/06)
It is the purpose of this article 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)
Insure
that potential buyers are notified that property is in a flood area.
(Ordinance 618, art. 1, sec. C,
adopted 7/22/97)
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 flood
waters;
(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 flood waters or which may increase flood hazards to other lands.
(Ordinance 618, art. 1, sec. D,
adopted 7/22/97)
