(a)
Statutory
authorization.
The state legislature has, in V.T.C.A.,
Water Code sec. 16.318, delegated the responsibility of local governmental
units to adopt regulations designed to minimize flood losses.
(b)
Findings
of fact.
(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 loses 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.
(c)
Statement
of purpose.
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
expenditures 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 floodblight
areas; and
(7)
Ensure
that potential buyers are notified that property is in a flood area.
(d)
Methods
of reducing flood losses.
In order to accomplish its
purpose, this chapter 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.
(1969 Code, sec. 12-1; Ordinance
1240, art. 1, secs. A–D, adopted 4/14/93)
Unless specifically defined below, 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 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.
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 of special flood hazard 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 zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
means the flood having a one percent chance of being equalled
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 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 zone 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 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, 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 zone 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 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. The term “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:
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, 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 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 “floodplain management
regulations” describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
means 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.
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
“functionally dependent use” 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 longterm 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 the Interior; or
Individually listed on a local inventory or historic places
in communities with historic preservation programs that have been
certified either:
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
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.
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, the term “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:
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.
includes, for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348),
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 term “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. The term “substantial improvement”
includes structures which have incurred substantial damage, regardless
of the actual repair work performed. The term “substantial improvement”
does not, however, include either:
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
Any alteration of a historic structure; provided that the alteration
will not preclude the structure’s continued designation as a
historic structure.
means 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)(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 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.
(1969 Code, sec. 12-2; Ordinance
1240, art. 2, adopted 4/14/93; Ordinance 1399, sec. 1, adopted 9/24/02)
(a)
Lands
to which this chapter applies.
This chapter shall apply
to all areas of special flood hazard within the jurisdiction of the
city.
(b)
Basis
for establishing the areas of special flood hazard.
The
areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled,
The Flood Insurance Study for City of Vernon, Texas, dated September
21, 2001, with accompanying flood insurance rate maps (FIRM) and any
revisions thereto are hereby adopted by reference and declared to
be a part of this chapter.
(c)
Establishment
of development permit.
A development permit shall be
required to ensure conformance with the provisions of this chapter.
(d)
Compliance.
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
chapter and other applicable regulations.
(e)
Abrogation
and greater restrictions.
This chapter is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(g)
Warning
and disclaimer of liability.
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 hazards 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 community or
any official or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
(1969 Code, sec. 12-3; Ordinance
1240, art. 3, secs. A–G, adopted 4/14/93; Ordinance 1370, sec. 1, adopted 4/24/01; Ordinance 1399, sec. 2, adopted 9/24/02)
(a)
Designation
of the floodplain administrator.
The community development
director is hereby appointed the floodplain administrator to administer
and implement the provisions of this chapter and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
(b)
Duties
and responsibilities of the floodplain administrator.
(1)
Duties
and responsibilities of the floodplain administrator shall include,
but not be limited to, the following:
(A)
Maintain and hold open for public inspection all records pertaining
to the provisions of this chapter.
(B)
Review permit application to determine whether proposed building
site, including the placement of manufactured homes, will be reasonably
safe from flooding.
(C)
Review, approve or deny all applications for development permits
required by adoption of the ordinance from which this chapter is derived.
(D)
Review permits for proposed development to ensure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 USC 1344) from which prior approval is
required.
(E)
Make the necessary interpretation where interpretation is needed
as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions).
(F)
Notify, in riverine situations, adjacent communities and the state
coordinating agency which is the state water commission, prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency.
(G)
Ensure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(I)
When a regulatory floodway has not been designated, must require
that no new construction, substantial improvements, or other development
(including fill) shall be permitted within zones A1-30 and AE on the
community’s FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any point within the community.
(2)
Under
the provisions of 44 CFR 65.12 of the National Flood Insurance Program
regulations, a community may approve certain development in zones
A1-30, AE, and AH on the community’s FIRM which increases the
water surface elevation of the base flood by more than one foot; provided
that the community first applies for a conditional FIRM revision through
FEMA.
(c)
Permit
procedures.
(1)
Application
for a development permit shall be presented to the floodplain administrator
on forms furnished by him and may include, but not be limited to,
plans in duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing and proposed
structures, including the placement of manufactured homes, and the
location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
(A)
Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(B)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(C)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 24-5(b)(2);
(D)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(2)
Approval
or denial of a development permit by the floodplain administrator
shall be based on all of the provisions of this chapter and the following
relevant factors:
(A)
The danger to life and property due to flooding or erosion damage;
(B)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(C)
The danger that materials may be swept onto other lands to the injury
of others;
(D)
The compatibility of the proposed use with existing and anticipated
development;
(E)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(F)
The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
(G)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(H)
The necessity to the facility of a waterfront location, where applicable;
(I)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(J)
The relationship of the proposed use to the comprehensive plan for
that area.
(d)
Variance
procedures.
(1)
The
appeal board as established by the community shall hear and render
judgement on requests for variances from the requirements of this
chapter.
(2)
The
appeal board shall hear and render judgement on an appeal only when
it is alleged there is an error in any requirement, decision, or determination
made by the floodplain administrator in the enforcement or administration
of this chapter.
(3)
Any
person aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(4)
The
floodplain administrator shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(5)
Variances
may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this chapter.
(6)
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection (c)(2) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(7)
Upon consideration of the factors noted in this section and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of section 24-1(c).
(8)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(9)
Variances
may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will
not preclude the structure’s continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(10)
Prerequisites for granting variances. Variances shall only be issued
upon:
(A)
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief;
(B)
Showing a good and sufficient cause;
(C)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(D)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(11)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(12)
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use; provided that:
(1969 Code, sec. 12-4; Ordinance
1240, art. 4, secs. A–D, adopted 4/14/93; Ordinance 1370, sec. 2, adopted 4/24/01; Ordinance 1399, sec. 3, adopted 9/24/02)
(a)
General
standards.
In all areas of special flood hazard, the
following provisions are required for all new construction and substantial
improvements.
(1)
All
new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2)
All
new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(3)
All
new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4)
All
new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
(5)
All
new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(6)
New
and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system and discharge
from the systems into floodwaters; and
(7)
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(b)
Specific
standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 24-3(b)(3), section 24-4(b)(1)h., or subsection (c)(3) of this section, the following provisions are required:
(1)
Residential
construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in section 24-4(c)(1)a is satisfied.
(2)
Nonresidential
construction.
New construction and substantial improvements
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor (including basement) elevated to or above
the base flood level or together with attendant utility and sanitary
facilities, be designed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall develop and/or review structural
design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance
with accepted standards of practice as outlined in this section. A
record of such certification which includes the specific elevation
(in relation to mean sea level) to which such structures are floodproofed
shall be maintained by the floodplain administrator.
(3)
Enclosures.
New construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer, architect,
meet, or exceed the following minimum criteria:
(A)
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(B)
The bottom of all openings shall be no higher than one foot above
grade.
(C)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(4)
Manufactured
homes.
(A)
All manufactured homes to be placed within zone A on a community’s
FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
(B)
Manufactured homes that are placed or substantially improved within
zones A1-30, AH, and AE on the community’s FIRM on sites:
(i)
Outside of a manufactured home park or subdivision;
(ii)
In a new manufactured home park or subdivision;
(iii)
In an expansion to an existing manufactured home park or subdivision;
or
(iv)
In an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial damage as a result of a flood;
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shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
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(C)
Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of this subsection (b)(4) shall be elevated so that either:
(i)
The lowest floor of the manufactured home is at or above the base
flood elevation; or
(ii)
The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(5)
Recreational
vehicles.
Require that recreational vehicles placed on
sites within zones A1-30, AH, and AE on the community’s FIRM
either:
(A)
Be on the site for fewer than 180 consecutive days;
(B)
Be fully licensed and ready for highway use; or
(C)
Meet the permit requirements of section 24-4(c)(1), and the elevation and anchoring requirements for manufactured homes in subsection (b)(4) of this section.
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A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect
type utilities and security devices, and has no permanently attached
additions.
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(c)
Standards
for subdivision proposals.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to section 24-3(b) or 24-4(b)(1)h.
(4)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(5)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize or eliminate flood damage.
(d)
Standards
for areas of shallow flooding (AO/AH zones).
Located within the areas of special flood hazard established in section 24-3(b) are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flows may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1)
All
new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet
on the community’s FIRM (at least two feet if no depth number
is specified).
(2)
All
new construction and substantial improvements of nonresidential structures:
(A)
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet
on the community’s FIRM, at least two feet if no depth number
is specified; or
(B)
Together with attendant utility and sanitary facilities, be designed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 24-4(c)(1)a are satisfied.
(4)
Require
within zone AH or AO adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
(e)
Floodways.
Located within areas of special flood hazard established in section 24-3(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1)
Encroachments
are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory floodway, unless
it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2)
If subsection (e)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3)
Under
the provisions of 44 CFR 65.12 of the National Flood Insurance Program
regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies for a conditional
FIRM and floodway revision through FEMA.
(1969 Code, sec. 12-5; Ordinance
1240, art. 5, secs. A–C, adopted 4/14/93; Ordinance 1399, secs. 4–8,
adopted 9/24/02)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter 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 chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than set out in section 1-6 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.
(1969 Code, sec. 12-6; Ordinance
1399, sec. 9, adopted 9/24/02)
