The flood hazard areas of the City of Lubbock 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.
(Ordinance 2023-O0054 adopted 5/9/2023)
This Article promotes the public health, safety, and general welfare and minimizes damage to private property and 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 wastewater lines, streets and bridges located in floodplains;
f. 
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; and
g. 
Ensure that potential buyers are notified that property is in a flood-prone area.
(Ordinance 2023-O0054 adopted 5/9/2023)
To accomplish its purposes, this Division uses the following methods:
a. 
Restrict or prohibit uses.
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, as provided in Section 39.05.013, Specific Standards;
b. 
Protection.
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 alteration.
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
d. 
Control excavation.
Control filling, grading, dredging, and other development which may increase flood damage; and
e. 
Flood barriers.
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Floodplain administrator.
The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Division and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management. However, the issuing of permits and the review of plans and maps may be delegated to such other persons that the Floodplain Administrator may select.
b. 
Duties and responsibilities.
Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following:
1. 
Records. Maintain and hold open for public inspection all records pertaining to this Division.
2. 
Application review.
A. 
Review, approve or deny all applications for floodplain development permits, required by this Division, and determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
B. 
Review permits for proposed development to assure that all necessary permits are 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.
3. 
Map interpretation. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
4. 
Notification. Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the Texas Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of that notification to the Federal Emergency Management Agency (FEMA).
5. 
Monitor flood-carrying capacity. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
6. 
Data. When base flood elevation data has not been provided in accordance with this Division, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from federal, state, or other sources in order to administer the provisions of this Article.
7. 
Flood control system. Maintain surveillance over the operational and maintenance condition of the flood control system to ensure its safe and effective functioning.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Interpretation.
In the interpretation and application of this Article, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the public interest; and
3. 
Deemed neither to limit nor repeal any other powers granted under state statutes or federal laws.
b. 
Compliance.
No structure or land shall be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations.
c. 
Applicability.
This Article shall apply to all lands located in City of Lubbock floodplains and areas of special flood hazard.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Studies.
City Floodplain studies produced for the Master Drainage Plan and as set forth in the most recently adopted Drainage Criteria Manual are incorporated by reference into this UDC.
b. 
Special flood hazard areas.
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 Lubbock County, Texas, and Incorporated Areas" dated February 3, 2017, with accompanying flood insurance rate maps (FIRM) and any revisions are adopted by reference and declared to be a part of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Division and other applicable regulations. Violation of the provisions of this Division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) constitutes a misdemeanor punishable in accordance with Article 39.09, Enforcement and Remedies. Each day on which a violation occurs or continues is deemed a separate and distinct offense. Nothing in this Section prevents the City from taking other lawful action necessary to prevent or remedy any violation of this Division.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Required.
A Floodplain Development Permit in a floodplain is required to ensure conformance with this Division.
b. 
Application.
Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator and shall include plans 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. The Floodplain Administrator shall prescribe Floodplain Development Permit application forms. The following information is also required and shall be maintained and held open for public inspection in accordance with Section 39.05.005b.1.:
1. 
Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures in the floodplain;
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 a nonresidential floodproofed structure shall meet the floodproofing criteria of Subsection b.2., above; and
4. 
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
c. 
Decision criteria.
Approval or denial of a FloodplainDevelopment Permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:
1. 
Danger to life and property. The danger to life and property due to flooding or erosion damage;
2. 
Susceptibility to flood damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. 
Sweeping of materials. The danger that materials may be swept onto other lands to the injury of others;
4. 
Compatibility. The compatibility of the proposed use with existing and anticipated development;
5. 
Emergency access. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. 
Costs of governmental services. 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 wastewater, gas, electrical, and water systems;
7. 
Expected floodwaters. The expected heights, velocity, and duration of the floodwaters and the effects of wave action expected at the site, where applicable, are manageable;
8. 
Waterfront necessity. The necessity to the facility of a waterfront location, where applicable;
9. 
Alternative locations. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
10. 
Affirmative findings. The relationship of the proposed use to the comprehensive plan for that area.
d. 
Revocation of floodplain development permit.
1. 
Grounds for revocation. In addition to the remedies provided in Article 39.09, Enforcement and Remedies, whenever the City Engineer finds that there are grounds for revocation of a Floodplain Development Permit, they shall give written notice to the permittee by personal service or by certified mail, return receipt requested, addressed to the applicant at the address set forth in the Floodplain Development Permit application. That notice may require that any work on the property currently underway is required to stop immediately, that a stop order is being issued, and shall set forth:
A. 
The specific grounds upon which the Floodplain Development Permit in question may be revoked;
B. 
The fact that there will be a hearing before the Floodplain Administrator in which the City will seek the revocation of the FloodplainDevelopment Permit;
C. 
The date, time, and place of such hearing; and
D. 
The fact that the permittee may appear in person or be represented by an attorney.
2. 
Final decision. After completion of the presentation of evidence by all parties appearing, the Floodplain Administrator or City Engineer shall make written findings and render a written order as to whether or not there are grounds for revocation of the Floodplain Development Permit. If there are such grounds, the Floodplain Administrator shall revoke the Floodplain Development Permit. The Floodplain Administrator may take other lesser actions deemed appropriate including, but not limited to, the temporary suspension of the permit, the revision of the Floodplain Development Permit, or the addition of conditions. A true and accurate copy of the Floodplain Administrator's order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee.
3. 
Refunds. If a Floodplain Development Permit is revoked, suspended, or revised by the Floodplain Administrator, the City is not liable to any person for any refund of any part of any fees.
4. 
Appeal. The revocation, suspension, or revision of a Floodplain Development Permit may be appealed to the City Council and upon the filing of a written application with the City secretary within 10 days after the Floodplain Administrator's written order is rendered. An appeal of a revocation, suspension, or revision of a Floodplain Development Permit does not suspend the Floodplain Administrator's order pending the appeal.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Authority.
1. 
Final decision. The Floodplain Administrator shall hear and render judgment on requests for Variances from the requirements of this Article.
2. 
Alleged error. The Zoning Board of Adjustment 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, in accordance with Section 39.07.039, Appeal of Administrative Decision.
3. 
Appeal. Any person or persons aggrieved by a decision of the Zoning Board of Adjustment may appeal that decision in a court of competent jurisdiction.
b. 
Records and reports.
The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report granted Variances to the Federal Emergency Management Agency upon request.
c. 
Historic places.
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 Article 39.02 and Article 39.03. 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.
d. 
Small lots.
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acres or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level if the relevant factors in this Division are fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the Variance increases.
e. 
Conditions.
Upon consideration of the factors noted and the purpose of this Division, as articulated in Section 39.05.003, Purpose, the Floodplain Administrator may attach conditions to the granting of Variances as necessary to further the purpose and objectives of this Division.
f. 
Increase in flood levels.
Variances shall not be issued within any designated floodway.
g. 
Prerequisites.
1. 
Minimum relief necessary. Variances shall only be issued upon a determination that the Variance is the minimum necessary, considering the flood hazard, to afford relief.
2. 
Criteria. 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 non-financial 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, or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3. 
Notice. The Floodplain Administrator shall give written notice to any applicant to whom a Variance is granted 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 2023-O0054 adopted 5/9/2023)