The legislature of the state has in the Flood Control Insurance
Act, Texas Water Code, section 16.315, delegated the responsibility
of local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the city council does ordain as follows.
(Ordinance 497 adopted 9/18/08)
(a)
The
flood hazard areas of the city and the city’s extraterrestrial
jurisdiction (ETJ) are subject to periodic inundation, which may result
in the 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.
(Ordinance 497 adopted 9/18/08)
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)
Insure
that potential buyers are notified that property is in a flood area.
(Ordinance 497 adopted 9/18/08)
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
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.
(Ordinance 497 adopted 9/18/08)
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.
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 landform below which
the flow path of the major stream that formed the fan becomes unpredictable
and alluvial fan flooding can occur.
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.
The land area that would be inundated by the 1-percent annual
chance (100 year) flood based on future conditions hydrology.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s
flood insurance rate map (FIRM) with a 1-percent or greater annual
chance of flooding to an average depth of 1 to 3 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 a community subject to
a 1-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.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
The elevation shown on the flood insurance rate map (FIRM)
and found in the accompanying flood insurance study (FIS) for zones
A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year - also called the base flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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 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 materials.
For insurance purposes, a nonbasement building, which has
its lowest elevated floor, raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
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.”
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).
An area, IAW LGC §42.021,which extends 1/2 mile from
the city limits and extends the city’s application of the city’s
ordinances governing plats and subdivisions.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
An official map of a community, issued by the administrator,
where the boundaries of the flood, mudslide (i.e., mudflow) related
erosion areas having special hazards have been designated as zones
A, M, and/or E.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
See flood elevation study.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
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.
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.
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
area 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.
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.
See regulatory floodway.
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.
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 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
[of the Interior] 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 of historic places
in communities with historic preservation programs that have been
certified either:
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.
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 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 nonelevation design requirement of section 60.3
of the National Flood Insurance Program regulations.
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.”
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
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.
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 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 term 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 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 to assure safe living conditions;
or
Any alteration of a “historic structure,” provided
that the alteration will not preclude the structure’s continued
designation as a “historic structure.”
A grant of relief by a community from the terms of a floodplain
management regulation. (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), (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.
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 497 adopted 9/18/08)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 497 adopted 9/18/08)
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the flood insurance rate map (FIRM)
or flood hazard boundary map (FHBM), community number, (community
identification number), dated (date of latest FIRM or FHBM) and any
revisions thereto are hereby adopted by reference and declared to
be a part of this article.
(Ordinance 497 adopted 9/18/08)
A floodplain development permit shall be required to ensure
conformance with the provisions of this article.
(Ordinance 497 adopted 9/18/08)
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.
(Ordinance 497 adopted 9/18/08)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ordinance 497 adopted 9/18/08)
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.
(3)
Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 497 adopted 9/18/08)
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 hereunder.
(Ordinance 497 adopted 9/18/08)
The code enforcement officer, for the city, is hereby appointed
the floodplain administrator to administer and implement the provisions
of this article and other appropriate sections of 44 CFR (Emergency
Management and Assistance - National Flood Insurance Program regulations)
pertaining to floodplain management.
(Ordinance 497 adopted 9/18/08)
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
(1)
Maintain
and hold open for public inspection all records pertaining to the
provisions of this article.
(2)
Review
permit applications to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes,
will be reasonably safe from flooding.
(3)
Review,
approve or deny all applications for development permits required
by adoption of this article.
(4)
Review
permits for proposed development to assure 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 U.S.C. 1334) from which prior approval
is required.
(5)
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)
the floodplain administrator shall make the necessary interpretation.
(6)
Notify,
in riverine situations, adjacent communities and the state coordinating
agency which is the Texas Water Development Board (TWDB), prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency.
(7)
Assure
that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(8)
When be flood elevation data has not been provided in accordance with section 3.08.007, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of sections 3.08.017–3.08.020.
(Ordinance 497 adopted 9/18/08)
(a)
Application
for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her 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:
(1)
Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(2)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 3.08.018(2);
(4)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(b)
Approval
or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the provisions of this article and the following
relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6)
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;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
(Ordinance 497 adopted 9/18/08)
(a)
The
planning and zoning board, as established by the community, shall
hear and render judgment on requests for variances from the requirements
of this article.
(b)
The
planning and zoning board shall hear and render judgment 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 article.
(c)
Any
person or persons aggrieved by the decision of the planning and zoning
board may appeal such decision to the city council.
(d)
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.
(e)
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 article.
(f)
Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 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 section 3.08.015(b) of this article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(g)
Upon consideration of the factors noted above and the intent of this article, the planning and zoning board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 3.08.003).
(h)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(i)
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.
(j)
Prerequisites
for granting variances:
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(2)
Variances shall only be issued upon:
(A)
Showing a good and sufficient cause;
(B)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(C)
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.
(3)
Any application to which 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.
(k)
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:
(Ordinance 497 adopted 9/18/08)
In all areas of special flood hazards 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.
(Ordinance 497 adopted 9/18/08)
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 3.08.007; section 3.08.014(8); or section 3.08.019(c), 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 3.08.015(a)(1), 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 subsection. 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 or architect or meet or exceed the following minimum criteria:
(A)
A minimum of two openings on separate walls having a total net area
of not less than 1 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 1 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)
Require that all manufactured homes to be placed within zone A on
a community’s FIRM shall be installed using methods and practices
that 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)
Require that manufactured homes that are placed or substantially
improved within zones A1-30, AR, 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, 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.
(C)
Require that manufactured homes be 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 subsection (4) of this section 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.
(Ordinance 497 adopted 9/18/08)
(c)
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 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.08.007 or section 3.08.014(8) of this article.
(d)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(e)
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.
(Ordinance 497 adopted 9/18/08)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this court order and other applicable regulations. Violation of
the provisions of this court order 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 court order 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. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary
to prevent or remedy any violation.
(Ordinance 497 adopted 9/18/08)
