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ORDINANCE NO. 2010-O0076 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the City of Lubbock has authority under its Charter and the laws of the State of Texas to adopt and codify its civil and criminal ordinances; and WHEREAS, the City Council of the City of Lubbock has caused its ordinances of a general and permanent nature to be recodified, and the same are hereby recodified, in a compilation known as the “Code of Ordinances, City of Lubbock, Texas,” NOW THEREFORE: BE IT ORD...

Final Plats and certificates shall contain all of the notice information required in Section 39.07.041 of the UDC . ( Ordinance 2023-O0054 adopted 5/9/2023 ; Ordinance 2023-O0132 adopted 10/10/2023 )

a. When any portion of a proposed plat contains a lake or other flood risk area identified on the Federal Emergency Management Agency flood hazard maps, the following notice shall be printed on the face of the final plat : "Either all or a portion of this surveyed property lies within a 'Special Flood Hazard Area.' These boundaries are established by the Federal Emergency Management Agency, not this surveyor . Flood hazard maps are on file at City Hall, Lubbock, Texas and are open for public inspection." b. If any portion of a lake area is included in a proposed final plat , such areas shall be designated as a stormwater drainage and impoundment easement . ( Ordinance 2023-O0054 adopted 5/9/2023 ; Ordinance 2023-O0132 adopted 10/10/2023 )

The following certificate of approval by the Director of Planning shall be placed on every plat receiving final approval by the Director of Planning and signed prior to recording of the plat documents at the courthouse: Approved this _____ day of _____, 20 _____, by the Director of Planning of the City of Lubbock, Texas. ____________________ Director of Planning ( Ordinance 2023-O0054 adopted 5/9/2023 )

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-...

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 ...

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 p...

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 (...

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 ...

A Floodplain Development Permit as established in Section 39.05.009 , Floodplain Development Permit, is required to ensure conformance with this Division. ( Ordinance 2023-O0054 adopted 5/9/2023 )

In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements : a. Anchoring. All new construction or substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrostatic pressure, hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Methods and practices. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; c. Materials. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; d. Infiltration. All new and replacement water supply systems sh...

a. Generally. In all areas of City Floodplain and special flood hazard where base flood elevation data is provided, as set forth in this Section, the following provisions apply. b. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement ), electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, elevated to the most restrictive flood protection elevation as set forth below. 1. Lowest floor elevation. A. One foot above the one percent annual chance flood elevation established by the City of Lubbock Master Drainage Plan ; B. If located in a flood hazard area, the lowest floor (including basement ) will ...