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.
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 one-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 one percent or greater annual
chance of flooding to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the floodplain within 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 rate-making has been completed in preparation
for publication of the Flood Insurance Rate Map (FIRM), Zone A usually
is refined into Zones A, AE, AH, AO, A1-30, A99, AR, AR/A1-30, AR/AE,
AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
The flood having a one 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, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a one percent 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 non-basement 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 Flood Insurance Rate Map (FIRM). "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 serving the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A general and temporary condition 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, 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.
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.
Any land area susceptible to being inundated by water from
any source; see "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.
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 shipbuilding 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
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 requirements 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
North American Vertical Datum (NAVD) of 1988 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 (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizonal 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.
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.
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 slabs or footings, the installation of piles, the
construction of columns, or any work beyond the state 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 a basement, footing,
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 the "start of construction"
of the improvement. This includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The term
does not, however, include either:
Any project for improvement of a structure to 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
alterations 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 City's floodplain management regulations. A structure
or other development without the elevation certificate, other certification,
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.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
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:
(A)
Protect
human life and health;
(B)
Minimize
expenditure of public money for costly flood control projects;
(C)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(D)
Minimize
prolonged business interruptions;
(E)
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in
floodplains;
(F)
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
(G)
Ensure
that potential buyers are notified that property is in a flood area.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
These regulations are not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where these regulations and another code, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
A floodplain development permit shall be required to ensure
conformance with the provisions of this Chapter.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
(A)
Designation
of the Floodplain Administrator.
The City Engineer is
hereby appointed the Floodplain Administrator to administer and implement
the provisions of this Chapter and other appropriate sections of 44
CFR (the National Flood Insurance Program Regulations) pertaining
to floodplain management. The term "Floodplain Administrator" also
includes the City Engineer's designee or designees to whom any of
the herein-described duties and responsibilities are delegated.
(B)
Duties
and responsibilities of the Floodplain Administrator.
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 Chapter.
2.
Review
permit applications to ensure that the proposed building site or project,
including the placement of manufactured homes, will be reasonably
safe from flooding.
3.
Review,
approve or deny all applications for floodplain development permits
required by adoption of this Chapter.
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 USC 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
agencies, which are the Texas Water Development Board (TWDB) and the
Texas Commission on Environmental Quality (TCEQ), 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 Base Flood Elevation data has not been provided in accordance with Section 11-3-10 of this Code, 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, for administration of the provisions of Sections 11-2-5(A), 11-2-5(D), and 11-3-12 of this Code. The Floodplain Administrator shall determine or require determination of a Base Flood Elevation acceptable for rating flood insurance for every proposed structure in Zone A on the community's FIRM, and maintain a record of such determinations for use on nearby properties, as applicable.
9.
When
a regulatory floodway has not been designated, the Floodplain Administrator
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 0.1 foot at
any point within the community. All proposed development must be in
compliance with other City-adopted standards, which may impose stricter
conditions.
10.
Under
the provisions of 44 CFR Chapter 1, Section 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 completes all of the provisions
required by Section 65.12.
(C)
Permit
procedures.
1.
Application
for a floodplain development permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but is
not 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 or 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 11-3-12(B)2 of this Code.
(d)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(e)
Maintain a record of all such information in accordance with Section 11-3-5(B)1 of this Code.
2.
Approval
or denial of a floodplain 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.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
In order to accomplish its purpose, this Chapter uses the following
methods:
(A)
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.
(B)
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction.
(C)
Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters.
(D)
Control
filling, grading, dredging and other development which may increase
flood damage.
(E)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
In the interpretation and application of this Chapter, all provisions
shall be:
(A)
Considered
as minimum requirements;
(B)
Liberally
construed in favor of the governing body; and
(C)
Deemed
neither to limit nor repeal any other powers granted under State statutes.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
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.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
This Chapter shall apply to all areas of special flood hazard
within the jurisdiction of the City of Midland, Texas.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering
report entitled "Flood Insurance Study for Midland County, Texas,
and Incorporated Areas," dated September 16, 2005, with accompanying
Flood Insurance Rate Maps (FIRM) dated September 16, 2005, and any
revisions thereto, are hereby adopted by reference and declared to
be a part of this Chapter.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
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 City of Midland, Texas, or any official
or employee thereof, for any flood damages that result from reliance
on this Code or any administrative decision lawfully made thereunder.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
(A)
General
standards.
In all areas of special flood hazards, the
following provisions are required for all new construction and substantial
improvements:
1.
All
new construction and 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 material resistant to flood damage.
4.
All
new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, air conditioning
equipment, and other mechanical service facilities at least one foot
above the base flood elevation.
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 flood waters.
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 11-2-5(D), 11-3-5(B)8, 11-3-10, or 11-3-12(C)3, the following provisions are required. Where no Base Flood Elevation data has been provided, the Floodplain Administrator shall establish or require the builder to establish a Base Flood Elevation for the site, using methods that will be acceptable for rating of flood insurance, and 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 at least one foot above Base Flood Elevation. The Floodplain Administrator can approve a reduction of up to one foot in the lowest floor elevation, as specified in Section 11-3-12(B)7. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection, as specified in Section 11-3-5(C)1(a), is satisfied, prior to the foundation inspection approval by the building official.
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 at least one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below an elevation of one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The Floodplain Administrator can approve a reduction of up to one foot in the lowest floor elevation and floodproofing elevation, as specified in Section 11-3-12(B)7. 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 prior to final approval of the utilities inspection of the utilities department. A record of such certification, which shall include 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, such as crawlspaces and garages
with floors below the BFE, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for 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 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)
Require that all manufactured homes to be placed within Zone A of
a community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purpose of this requirement,
manufactured homes must be elevated with the bottom of the steel frame
one foot above an estimated BFE determined as described in 11-3-5(B)8
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, 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, be elevated on a permanent foundation such that the bottom of the steel frame of the manufactured home is elevated to at least one foot above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The Floodplain Administrator can approve a reduction of up to one foot in the lowest steel frame elevation, as specified in Section 11-3-12(B)7.
(c)
Require that manufactured homes being placed or substantially improved
on sites in an existing manufactured home park or subdivision within
Zones A1-30, AH and AE on the community's FIRM that are not subject
to the provisions of paragraph (4)(b) of this section be elevated
so that the bottom of the steel frame of the manufactured home is
at least one foot above the Base Flood Elevation.
5.
Recreational
vehicles.
Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Section 11-3-5(C)1, and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. 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.
6.
Electrical
and mechanical service facilities.
Electrical, heating,
ventilation, plumbing, air conditioning equipment, and other mechanical
service facilities must be designed and located at least one foot
above the base flood elevation to prevent water from entering or accumulating
in the components during flooding.
7.
The Floodplain Administrator is authorized to approve a reduction of up to one foot in the lowest floor elevation, steel frame elevation for manufactured homes or floodproofing elevation required by the sections above. This approval shall not be granted for reasons of cost savings alone, but must be justified by other factors which, in the opinion of the Floodplain Administrator, offset the reduction in flood protection for the structure. Any request for a lowest floor elevation, steel frame elevation or floodproofing elevation below the Base Flood Elevation shall be considered as a variance as described in Section 11-3-13.
(C)
Standards
for subdivision proposals.
3.
Base flood elevation data shall be generated by hydrologic and hydraulic analyses performed by a registered professional engineer for subdivision proposals and other proposed developments, including the placement of manufactured home parks and subdivisions, if not otherwise provided pursuant to Sections 11-3-10 and 11-3-5(B)8 of this code.
For all new subdivision proposals and other proposed developments, including proposals for manufactured home parks and subdivisions, that are equal to or greater than six lots or two acres, whichever is the lesser, the registered professional engineer shall determine the regulatory floodway based on a one foot rise in BFE using standard engineering methods and practices, if not otherwise provided pursuant to Sections 11-3-10 and 11-3-5(B)9 of this Code.
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 areas of special flood hazard established in Section 11-3-10 are areas designated as areas of shallow flooding. These areas have special flood hazards associated with flood depths 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; therefore, the following provisions apply:
1.
All
new construction and substantial improvements of residential structures
shall have the lowest floor (including basement) elevated to at least
one foot above the Base Flood Elevation or 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 non-residential structures
shall:
(a)
Have the lowest floor (including basement) elevated to at least one
foot above the Base Food Elevation or 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 specified flood depth in an AO Zone, or below
at least one foot above the Base Flood Elevation in an AH Zone, 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 11-3-5(C) are satisfied.
4.
Require
within Zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
(E)
Floodways.
Located within areas of special flood hazard established in Section 11-3-10 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 Section 11-3-12(E)1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 11-3-12.
3.
Under
the provisions of 44 CFR Chapter 1, Section 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 completes
all of the provisions required by Section 65.12.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
(A)
The
City Council shall hear and render judgment on requests for variances
from the requirements of this Chapter.
(B)
The
City Council 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 Chapter.
(C)
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.
(D)
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.
(E)
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 Section 11-3-5(C)2 of this Code have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(F)
Upon
consideration of the factors noted above and the intent of this Chapter,
the City Council may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this
Chapter.
(G)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(H)
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.
(I)
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 (i) the criteria outlined
in this Section are met, and (ii) the structure or other development
is protected by methods that minimize flood damages during the base
flood and create no additional threats to public safety.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
(A)
Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(B)
Variances
shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant; and (iii) a determination
that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(C)
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.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
A violation of a provision 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 punishable by a fine in an amount not to exceed $2,000.00.
Each day on which the violation shall exist shall constitute a separate
and distinct offense. Nothing herein contained shall prevent the City
from taking such other lawful action as is necessary to prevent or
remedy any violation.
(Ordinance 10295, sec. 2, adopted 3/22/2022)
