The Legislature of the State of Texas has in Texas Water Code
16.315 delegated the responsibility to local governmental units to
adopt regulations designed to minimize flood losses. Therefore, the
city council of the City of Panhandle, Texas, does ordain as follows.
(1993 Code of Ordinances, Appendix 2)
(a)
The
flood hazard areas of Panhandle, Texas, 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 hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately
elevated, flood-proofed or otherwise protected from flood damage.
(1993 Code of Ordinances, Appendix 2)
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; and
(7)
Insure
that potential buyers are notified that property is in a flood area.
(1993 Code of Ordinances, Appendix 2)
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.
(1993 Code of Ordinances, Appendix 2)
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 a request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
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 change of being equaled
or exceeded 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 and other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
Means a nonbasement building: (1) 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 sheer walls parallel to
the floor of the water; and (2) 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, “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, “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 general and temporary condition of partial or complete
inundation of normally dry land areas from:
Means an official map of a community on which the Federal
Emergency Management Agency has delineated the boundaries of the flood,
mudslide (i.e., mudflow) related erosion areas having special hazards
have been designated as Zone A, M, and/or E.
Means any land area susceptible to being inundated by water
from any source (see definition of flooding).
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 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). 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 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, 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 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.
[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,
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.
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 any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: (1) before the improvement or repair is started;
or (2) 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: (1)
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 (2) any
alteration of a structure listed on 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 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
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.
(1993 Code of Ordinances, Appendix 2)
The article shall apply to all areas of special flood hazard
with the jurisdiction of the City of Panhandle.
(1993 Code of Ordinances, Appendix 2)
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its Flood Hazard Boundary Map (FHBM),
Community No. 480727, dated May 11, 1982, and any revisions thereto
are hereby adopted by reference and declared to be a part of this
article.
(1993 Code of Ordinances, Appendix 2)
A development permit shall be required to ensure conformance
with the provisions of this article.
(1993 Code of Ordinances, Appendix 2)
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.
(1993 Code of Ordinances, Appendix 2)
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.
(1993 Code of Ordinances, Appendix 2)
In the interpretation and application of this article, all provisions
shall be:
(1)
considered
as minimum requirements;
(2)
liberally
construed in favor of the governing body; and
(3)
deemed
neither to limit nor repeal any other powers granted under state statutes.
(1993 Code of Ordinances, Appendix 2)
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 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.
(1993 Code of Ordinances, Appendix 2)
