The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a request for a review of the floodplain administrator's
interpretation of any provision or a request for a variance.
means a designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one (1) percent chance or greater
annual chance of flooding to an average depth of one (1) to three
(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.
is the land in the floodplain within a community subject
to a one (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 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 equaled
or exceeded in any given year.
means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
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 Zones V1-30,
VE or V, to have the bottom of the lowest horizontal structural member
of the elevated floor elevated above the ground level by means of
pilings, columns (post 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 Zone A1-30, AE, A, A99, AO, AH,
B, C, X, D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of 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.
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
the date. "Existing construction" may also be referred to as "existing
structures."
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
means an official map of a community on which the Federal
Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
is 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 any land area susceptible to being inundated by water
from any source (see definition of flooding).
means those physical structural works for which funds have
been authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood-modifying works are those constructed in conformance
with sound engineering standards.
means 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
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.
means any floor useable for the following purposes: which
include working, sleeping, eating, cooking or recreation, or any combination
thereof. A floor used for storage purposes only is not a "habitable
floor."
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
means a manmade structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
means a flood-protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, usable solely
for parking or vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirement of
section 60.3 of the National Flood Insurance Program Regulations.
means a structure, transportable in one (1) 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 one hundred eighty (180) consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers and other similar vehicles.
means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community.
(for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Public Law 97-348)), includes
substantial improvement and means the date the building permit was
issued, provided that actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred eighty (180)
days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured
home.
means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty (50) percent of the market
value of the structure either (1) before the improvement or repair
is started or, (2) if the structure has been damaged and is being
restored, before the damage occurred. For the purpose of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either (1) any
project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are
solely necessary to assure safe living conditions, or (2) any alteration
of a structure listed on the National Register of Historic Places
or a state inventory of historic places.
is a grant of relief to a person from the requirements of
this chapter when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development
in a manner 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 floodplain of coastal
or riverine areas.
(1965 Code, app. B, art. II)
(a)
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.
(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.
(1965 Code, app. B, art. I, sec. B)
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public harm and private
losses in special flood hazard areas with provisions designed:
(1)
To protect
human life and property exposed to the hazards of flooding;
(2)
To ensure
that potential property owners are notified if property is in a special
flood hazard area;
(3)
To minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4)
To minimize
prolonged business interruptions;
(5)
To minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in
special flood hazard areas;
(6)
To minimize
expenditure of future public money for costly flood-control projects;
(7)
To help
maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood
blight areas.
(1965 Code, app. B, art. I, sec. C)
In order to accomplish its purposes, this chapter uses the following
methods:
(1)
Restricts
and prohibits uses that are dangerous to health, safety or property
in times of flood or cause excessive increases in flood heights or
velocities;
(2)
Requires
that uses vulnerable to floods, including public facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)
Controls,
in the sense of providing authoritative guidance, the alteration of
natural floodplains, their protective barriers and stream channels;
(4)
Prevents
the construction of barriers which will divert floodwaters and subject
other lands to greater flood hazards;
(5)
Controls,
in the sense of providing authoritative guidance, development which
would cause greater erosion or potential flood damage, such as grading,
dredging and excavation.
(1965 Code, app. B, art. I, sec. D)
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(1965 Code, app. B, art. III, sec. A)
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 Bexar County, Texas &
Incorporated Areas" dated September 29, 2010 with accompanying Flood
Insurance Rate Maps (FIRM) and any revisions thereto are hereby adopted
by reference and declared to be part of this section. These reports
and maps are available for inspection by the public at city hall.
(1965 Code, app. B, art. III, sec. B; Ordinance 1367 adopted 11/13/1995; Ordinance 1881 adopted 9/27/2010)
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
(1965 Code, app. B, art. III, sec. E)
In the interpretation and application of this chapter, all provisions
shall be considered as minimum requirements; liberally construed in
favor of the governing body, and deemed neither to limit nor repeal
any other powers granted under state statutes.
(1965 Code, app. B, art. III, sec. F)
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 the 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 or any officer or employee thereof
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
(1965 Code, app. B, art. III, sec. G)
