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 adopts this article in accordance with applicable law.
(Ordinance 6691 adopted 2/5/2024)
(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.
(Ordinance 6691 adopted 2/5/2024)
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) 
Ensure that potential buyers are notified that property is in a flood area.
(Ordinance 6691 adopted 2/5/2024)
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 6691 adopted 2/5/2024)
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.
Appeal.
A request for a review of the floodplain administrator's interpretation of any provision of this article.
Appurtenant structure.
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.
Area of shallow flooding.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map with a one percent 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.
Base flood elevation (BFE).
The elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study 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 (1%) annual chance of equaling or exceeding that level in any given year; also called the base flood.
Base flood.
The flood having a one percent annual chance of being equaled or exceeded in any given year.
Basement.
Any area of a building having its floor subgrade (below ground level) on all sides.
Breakaway wall.
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.
Conditional letter of map amendment (CLOMA).
A proposed amendment to the currently effective FEMA map which establishes that a property is not located in a special flood hazard area contingent upon adherence to a specified plan of construction.
Conditional letter of map revision (CLOMR).
The Federal Emergency Management Agency's comment on a proposed project that would affect the hydraulic or hydrologic characteristics of a flooding source that would result in the modification of the existing regulatory floodway, effective base flood elevation, or special flood hazard area.
Critical facilities.
Structures or equipment that, if damaged or made non-functional, would impact the health, safety, and welfare of the public. For some facilities, even a slight chance of flooding is too great a threat. Typical critical facilities include, but are not limited to hospitals, nursing homes, orphanages, penal institutions, police stations, fire stations, emergency services, storage of critical records, water and sewage treatment plants, and pump stations.
Development.
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.
Elevated building.
For insurance purposes, a non-basement building which has its lowest floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Elevation certificate.
A form used by the National Flood Insurance Program to indicate the elevation of the lowest inhabitable floor of a structure (including basements).
Existing construction.
Structures for which the "start of construction" commenced before the effective date of the current flood insurance rate map. "Existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision.
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 flood insurance rate map.
Expansion to an existing manufactured home park or subdivision.
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).
Federal Emergency Management Agency (FEMA).
An agency within the U.S. Department of Homeland Security charged with responding to presidentially-declared disasters. This agency is responsible for administering the National Flood Insurance Program.
Flood elevation study.
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.
Flood insurance rate map (FIRM).
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.
Flood insurance study (FIS).
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.
Flood or flooding.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; or
(2) 
The unusual and rapid accumulation of runoff of surface waters from any source.
Flood protection system.
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.
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 enforcement. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodplain management.
The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain or floodprone area.
Land area susceptible to being inundated by water from any source. (See definition of "flood or flooding.")
Floodproofing.
A 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.
Floodway.
See regulatory floodway.
Functionally dependent use.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes 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.
Highest adjacent grade.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Historic structure.
Any structure that is:
(1) 
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;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(A) 
By an approved state program as determined by the Secretary of the Interior; or
(B) 
Directly by the Secretary of the Interior in states without approved programs.
Known flood hazard area.
A local area with a historic tendency of flooding or other drainage- related challenges that is not documented in flood insurance rate maps.
Letter of map amendment (LOMA).
An amendment to the currently effective Federal Emergency Management Agency map which establishes that a property is not located in a special flood hazard area. A LOMA may only be issued by the Federal Emergency Management Agency.
Letter of map revision (LOMR).
An official amendment to the currently effective Federal Emergency Management Agency map. It is issued by the Federal Emergency Management Agency and changes flood zones, delineations, and elevations.
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.
Levee.
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.
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 requirements of section 60.3 of the National Flood Insurance Program regulations.
Manufactured (mobile) home park or subdivision, existing.
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured (mobile) home lots for rent or sale.
Manufactured (mobile) home park or subdivision, new.
A manufactured home park or subdivision completed on or after the effective date of floodplain management regulations adopted by the city. Completion shall be defined as the date on which the facilities for servicing the manufactured home lots are constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Manufactured (mobile) home.
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. The term "manufactured (mobile) home" does not include a "recreational vehicle."
Mean sea level (MSL).
For purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
National Flood Insurance Program (NFIP).
The program of flood insurance coverage and floodplain management administered under the act and applicable federal regulations promulgated in title 44 of the Code of Federal Regulations, subchapter B.
New construction.
Structures for which the "start of construction" commenced on or after the effective date of the current effective flood insurance rate map 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 the city and includes any subsequent improvements to such structures.
Nonresidential structure.
A commercial or non-habitational building, or a mixed-use building that does not qualify as a residential building. This includes but is not limited to small businesses, churches, schools, farm buildings (including grain bins and silos), garages, pool houses, clubhouses, recreational buildings, mercantile buildings, agricultural and industrial buildings, warehouses, nursing homes, licensed bed-and-breakfasts, and hotels and motels with normal room rentals for less than 6 months.
Physical map revision (PMR).
An amendment to the effective Federal Emergency Management Agency floodplains.
Recreational vehicle.
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred (400) square feet or less when measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Regulatory floodway.
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 (i.e. a rise of zero (0) feet).
Residential structure.
A non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, 2—4 family, or other residential building.
Riverine.
Relating to, formed by, or resembling a river (including tributaries), stream, creek, brook, etc.
Special flood hazard area (SFHA).
An area having special flood, mudflow or flood-related erosion hazards and shown on a flood hazard boundary map or a flood insurance rate map zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. The SFHA is the area where the National Flood Insurance Program's floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies.
Start of construction.
For new construction or substantial improvements, the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means:
(1) 
The first placement of permanent construction of a structure on a site or any work beyond the stage of excavation, not including land preparation (clearing, grading or filling), the erection of temporary forms or accessory buildings (garages or sheds not occupied as dwelling units or part of the main structure), or the installation of streets and/or walkways;
(2) 
The placement of a manufactured home on a foundation;
(3) 
For substantial improvement, 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.
Structure.
For floodplain management purposes, a walled and roofed building that is principally above ground, including gas or liquid storage tanks and manufactured homes. A structure has two of more outside rigid walls and a roof that is affixed to a permanent site. The Federal Emergency Management Agency uses "structure" and "building" interchangeably.
Substantial damage.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
Substantial improvement.
Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (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 include:
(1) 
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
(2) 
Alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
Variance.
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.)
Violation.
The failure of a structure or other development to be fully compliant with the city's floodplain management regulations, including failure to provide elevation certificates, other certifications, or evidence of compliance as required in section 60.3 of the National Flood Insurance Program regulations until such time as that documentation is provided.
Water surface elevation.
The height, in relation to the North American Vertical Datum of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ordinance 6691 adopted 2/5/2024)
This article shall apply to all areas of special flood hazard within the jurisdiction of the city, including areas within city limits and the city's extraterritorial jurisdiction.
(Ordinance 6691 adopted 2/5/2024)
The areas of special flood hazard identified by FEMA in the current scientific and engineering report entitled, "The Flood Insurance Study for Grayson County, Texas and Incorporated Areas" dated September 1, 2022, with accompanying flood insurance rate maps, and any updates or revisions thereto, as well as areas which have not yet been delineated on the FEMA maps but are known to constitute a known flood hazard area, are hereby adopted by reference and declared to be a part of this article.
(Ordinance 6691 adopted 2/5/2024)
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 6691 adopted 2/5/2024)
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 6691 adopted 2/5/2024)
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 6691 adopted 2/5/2024)
(a) 
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 special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages.
(b) 
This article 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 article or any administrative decision lawfully made hereunder. In no case shall responsibility of liability arise from the design or operation of drainage facilities dedicated to the city.
(Ordinance 6691 adopted 2/5/2024)