The legislature of the state has in V.T.C.A., Water Code, section 16.315, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city commission does ordain as follows.
(Ordinance 687 adopted 9/11/07)
(a) 
The flood hazard areas of the city are subject to periodic inundation which might result in loss of life and property, create health and safety hazards, disrupt commerce and governmental services, and require 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 687 adopted 9/11/07)
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 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 flood blight areas; and
(7) 
Insure that potential buyers are notified that property is in a flood area.
(Ordinance 687 adopted 9/11/07)
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 687 adopted 9/11/07)
Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meanings they have in common usage and to give this article its most reasonable application.
Appeal.
A request for a review of the floodplain administrator’s interpretation of any provision of this article or a request for a variance.
Area of special flood hazard.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
Base flood.
The flood having a one-percent chance of being equaled or exceeded in any given year.
Critical feature.
An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Development.
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.
Elevated building.
A nonbasement building:
(1) 
Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zone V1-30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level a minimum of 12 feet by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and
(2) 
Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with opening sufficient to facilitate the unimpeded movement of floodwaters. In the case of zone V1-30, VE, or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building,” even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the National Flood Insurance Program regulations.
Existing construction.
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.”
Flood hazard boundary map (FHBM).
An official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the flood; mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as zone A, M, and/or E.
Flood or flooding.
A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.
Flood protection system.
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 dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
Floodplain or floodprone area.
Any land area susceptible to being inundated by water from any source (see definition of flooding).
Levee.
A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, or divert the flow of water so as to provide protection from temporary flooding.
Levee system.
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.
Lowest floor.
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.
Manufactured home.
A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
Mean sea level.
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.
New construction.
For floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community.
Start of construction.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, 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.
Structure.
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial improvement.
Any repair, reconstruction, or improvement of a structure, the cost which equals or exceeds 50% of the market value of the structure either:
(1) 
Before the improvement or repair is started; or
(2) 
If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Variance.
A grant of relief to a person from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance, however, does not permit construction or development in a manner otherwise inconsistent with the principal goals of this article. (For full requirements see section 60.6 of the National Flood Insurance Program regulations.)
Violation.
The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Water surface elevation.
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 687 adopted 9/11/07)
This article shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Ordinance 687 adopted 9/11/07)
The areas of special flood hazard identified by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) as published in the Federal Register at Vol. 71, Page 15135 on March 27, 2006, and revisions thereto are hereby adopted by reference and declared to be a part of this article.
(Ordinance 687 adopted 9/11/07)
A development permit shall be required to ensure conformance with the provisions of this article.
(Ordinance 687 adopted 9/11/07)
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 687 adopted 9/11/07)
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ordinance 687 adopted 9/11/07)
In the interpretation and application of this article, all provisions shall be:
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 687 adopted 9/11/07)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(Ordinance 687 adopted 9/11/07)