0641A
11 ST" ra .
PHICIAL RECORD
ORDINANCE NO. 641-A
AN ORDINANCE PROVIDING FOR THE CITY OF SOUTHLAKE,
TEXAS ADOPTING REGULATIONS DESIGNED TO MINIMIZE FLOOD
LOSSES; ESTABLISHING PROVISIONS FOR FLOOD HAZARD
REDUCTION; ADOPTING THE FLOOD INSURANCE RATE
ACCOMPANYING THE FLOOD INSURANCE STUDY FOR TARRANT
COUNTY AND INCORPORATED AREAS DATED SEPTEMBER 25,
2009, AND THE FLOOD INSURANCE RATE MAPS (FIRM)
ACCOMPANYING THE FLOOD INSURANCE STUDY FOR DENTON
COUNTY AND INCORPORATED AREAS DATED SEPTEMBER 25,
2009; REPEALING ORDINANCE NO. 641 RELATING TO FLOOD
HAZARD HAZARD PREVENTION AND PROVIDING FOR THE
REPEAL OF OTHER INCONSISTENT ORDINANCES; PROVIDING
THAT THIS ORDINANCE SHALL BE CURMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICACTION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas
Water Code, Section 16.315, delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the City Council of the City of
Southlake, Texas (the "City") does ordain as follows:
SECTION B. Findings of Fact
(1) 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 of the citizens of the City.
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(2) These flood losses are created by the cumulative effect of obstructions in flood
plains 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, flood proofed or otherwise
protected from flood damage.
SECTION C. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety and general welfare
of the citizens of the City, 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 flood plains;
(6) 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
(7) Insure that potential buyers are notified that property is in a flood area.
SECTION D. Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance 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 flood plains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
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(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this Ordinance it's
most reasonable application.
"Alluvial Fan Flooding" - means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high-velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
"Apex" - means a point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can
occur.
"Appurtenant Structure" - means 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 Future Conditions Flood Hazard" - means the land area that would be inundated
by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
"Area of Shallow Flooding" - means a designated AO, AH, AR/AO, AR/AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual
chance of flooding to an average depth of I to 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.
"Area of Special Flood Hazard" - means the land in the floodplain within a community
subject to a 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 rate making
has been completed in preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AO, AH, Al-30, AE, A99, AR, AR/Al-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V l-
30, VE or V.
"Base Flood" - means the flood having a 1 percent chance of being equaled or exceeded
in any given year.
"Base Flood Elevation (BFE)" - means the elevation shown on the Flood Insurance Rate
Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH,
Al-30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood
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that has a 1 percent chance of equaling or exceeding that level in any given year - also called the
base flood.
"Basement" - means any area of the building having its floor subgrade (below ground
level) on all sides.
"Breakaway Wall" - means 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.
"Critical Feature" - means 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" - means any man-made 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, or storage of equipment or materials.
"Elevated Building" - means, for insurance purposes, a non-basement building, which
has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts,
piers, pilings or columns.
"Existing Construction" - 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 that date. "Existing construction" may also be
referred to as "existing structures."
"Existing Manufactured Home Park or Subdivision" - means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either the final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by the
city.
"Expansion to an Existing Manufactured Home Park or Subdivision" - means 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).
"Flood or Flooding" - means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
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"Flood Elevation Study" - means 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)" - 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.
"Flood Insurance Study (FIS)" - see Flood Elevation Study.
"Floodplain or Flood-Prone Area" - means any land area susceptible to being inundated
by water from any source (see definition of flooding).
"Floodplain Management" - means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
"Floodplain Management Regulations" - means 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 police
power. The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
"Flood Protection System" - 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 area 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.
"Flood Proofing" - means any combination of structural or non-structural 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 (Regulatory Floodway)" - 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.
"Functionally Dependent Use" - 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.
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"Highest Adjacent Grade" - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic Structure" - means 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.
"Levee" - means a man-made 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.
"Levee System" - 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.
"Lowest Floor" - means 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 non-elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
"Manufactured Home" - means 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
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when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
"Manufactured Home Park or Subdivision" - means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Mean Sea Level" - 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.
"New Construction" - means for the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date of an initial FIRM
or after December 31, 1974, whichever is later, 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 the floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
"New Manufactured Home Park or Subdivision" - means 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
on or after the effective date of the floodplain management regulations adopted by the City.
"Recreational Vehicle" - means a vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest horizontal projections;
(iii) designed to be self propelled or permanently towable by a light duty truck;
and
(iv) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
"Regulatory Floodway" - see Floodway.
"Riverine" - means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Special Flood Hazard Area" - see Area of Special Flood Hazard.
"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,
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repair, reconstruction, rehabilitation, addition 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 slabs 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 a 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. For a substantial improvement, the actual start of construction means 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 a building.
"Structure" - means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
"Substantial Damage" - means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged-condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
"Substantial Improvement" - means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement. This includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include either:
(1) Any project for 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) Any alteration of a "historic structure" provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
"Variance" - means a grant of relief by the City from the terms of a floodplain
management regulation. (For full requirements, see Section 60.6 of the National Flood Insurance
Program regulations.)
"Violation" - means the failure of a structure or other development to be fully compliant
with the community's flood plain 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.
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"Water Surface Elevation" - 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 flood plains of coastal or riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. Lands to which this Ordinance Applies
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of
the City.
SECTION B. Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management
Agency in the current scientific and engineering report entitled, "The Flood Insurance Study for
Tarrant County and Incorporated Areas," dated September 25, 2009, with accompanying Flood
Insurance Rate Maps (FIRM) and "The Flood Insurance Study for Denton County and
Incorporated Areas", dated September 25, 2009, with accompanying Flood Insurance Rate Maps
(FIRM) and any revisions thereto are hereby adopted by reference and declared to be part of this
ordinance. In addition, the City may require developers to provide additional studies of
floodplain areas based upon the proposed future development in the area.
SECTION C. Establishment of Development Permit
A Development Permit shall be required to ensure conformance with the provisions of
this ordinance. A development permit shall be required for any proposed development of any
property located in the areas of special flood hazard.
SECTION D. Compliance
No structure or land shall hereafter be located, altered, or have its use changed without
full compliance with the terms of this ordinance and other applicable regulations.
SECTION E. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
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(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.
SECTION G. Warning and Disclaimer or Liability
The degree of flood protection required by this ordinance 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 man-made or natural
causes. This ordinance 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 ordinance 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 ordinance or any administrative decision lawfully made
hereunder.
ATRICLE 4
ADMINISTRATION
SECTION A. Designation of the Floodplain Administrator
The City Engineer is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this ordinance and other appropriate sections of 44 CFR
(Emergency Management and Assistance - National Flood Insurance Program Regulations)
pertaining to flood plain management.
SECTION B. Duties and Responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
(2) Review permit applications to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
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(4) Review permits for proposed development to assure that all necessary permits
have been 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.
(5) 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.
(6) 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 such notification to the
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article
3, Section B of this ordinance, the Floodplain Administrator shall obtain, review
and reasonably utilize any base flood elevation data and floodway data available
from a Federal, State, or other source, in order to administer the provisions of
Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones AI-30 and
AE on the community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community.
(10) Under the provision of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in
Zones AI-30, AE, AH on the community's FIRM which increases the water
surface elevation of the base flood by more than one foot, provided that the
community first completes all of the provisions required by Section 65.12.
SECTION C. Permit Procedures
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited
to, plans in duplicate 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
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in relation to areas of special flood hazard. Additionally, the following
information is required:
(a) elevation (in relation to mean sea level), of the lowest floor (including the
basement) of all new and substantially improved structures;
(b) elevation in relation to mean sea level to which any nonresidential
structure shall be flood proofed;
(c) a certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the flood proofing criteria of
Article 5, Section B(2) of this ordinance;
(d) description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development; and
(e) maintain a record of all such information in accordance with Article 4,
Section (B) (1).
(2) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this ordinance and the following relevant
factors:
(a) The danger of life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(c ) The danger that materials may be swept onto other lands to the injury of
others;
(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(f) 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 sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
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(i) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use; and
0) The relationship of the proposed use to the comprehensive plan for that
area.
SECTION D. Variance Procedures
(1) The City Council shall hear and render judgment on requests for variances from
the requirements of this ordinance.
(2) The City Council 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
ordinance.
(3) Any person or persons aggrieved by the decision of the City Council may appeal
such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency
upon request.
(5) 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 the remainder of
this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level, provided that
the relevant factors in Section C(2) of this Article have been fully considered. As
the lot size increases beyond the one-half acre, the technical justification required
for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
City Council may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this ordinance (Article 1,
Section Q.
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair of rehabilitation will not preclude the
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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.
(10) Prerequisites for granting variances are as follows:
(a) variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) variances shall only be issued upon:
(i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
(iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(c) any applicant to whom a variance is granted shall be given written notice
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.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use, provided that:
(i) the criteria outlined in Article 4, Section D (1)-(9) are met; and
(ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. General Standards
In all areas of special flood hazards, the following provisions are required for all new
construction and substantial improvements:
(1) 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 hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(8) When a residential or non-residential structure is intended to be constructed in an
Approximate A Zone, a base flood elevation must be determined by using the
same engineering standards and methods that are used to develop base flood
elevations in a Flood Insurance Study (FIS).
SECTION B. Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section A(8),
the following provisions are required:
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(1) Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including the basement) elevated
at least two feet above the base flood elevation. A registered professional
engineer, architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection as proposed in Article 4,
Section C(1)(a), is satisfied.
(2) Nonresidential Construction - new construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including the basement) elevated at least two feet above the level of
the base flood level or together with attendant utility and sanitary facilities, be
designed so that the structure is watertight to at least two feet above the base
flood level with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall develop and/or review structural design, specifications, and
plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice as outlined in
this subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are flood proofed
shall be maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for the parking of vehicles,
building access, or storage in an area other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
(a) A minimum of two openings on separate walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided;
(b) The bottom of all openings shall be no higher than one foot above grade;
and
(c ) Openings may be equipped with screens louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
(4) Manufactured Homes
(a) Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
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manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State and local anchoring requirements for resisting wind
forces.
(b) Require that manufactured homes that are placed or substantially
improved within Zones Al-30, AH and AE on the community's FIRM on sites:
(i) outside of a manufactured home park or subdivision,
(ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or
subdivision,
(iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of a
flood, be elevated on a permanent foundation such that the lowest floor of
the manufactured home is elevated at least two feet above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(c) Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision within Zones Al-30,
AH, and AE on the community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at least two feet
above the base flood elevation;
(ii) the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse and
lateral movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones Al-30, AH and AE on the community's FIRM either:
(i) be on the site for fewer than 180 consecutive days; or
(ii) be fully licensed and ready for highway use; or
(iii) meet the permit requirements of Article 4, Section C (1), and the
elevation and anchoring requirements for "manufactured homes" in
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paragraph (4) of this section. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no
permanently attached additions.
(6) Accessory Structures - Small, detached accessory structures of 120 square feet or
less, that are not attached to a permanent foundation, are exempt from the
requirements to elevate or dry flood proof non-residential structures.
SECTION C. Standards for Subdivision Proposals
(1) All subdivision proposals, including manufactured home parks and subdivisions,
shall be consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions, including manufactured home
parks and subdivisions, shall meet Development Permit requirements of Article 3,
Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.
(3) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have adequate drainage provided to reduce exposure to
flood hazards.
(4) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
SECTION D. Floodways
Floodways - located within areas of special flood hazard established in Article 3, Section
B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to
the velocity of flood waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Article 5.
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(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulations, a community may permit encroachments within
the adopted regulatory floodway that would result in an increase in base flood
elevations provided that the community first completes all of the provisions
required by Section 65.12.
ARTICLE 6
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed. Ordinance No. 641 is hereby repealed.
ARTICLE 7
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
ARTICLE 8
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
ARTICLE 9
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 217 or any other ordinances affecting the (zoning;
fire safety; etc.) which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
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ARTICLE 10
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
ARTICLE 11
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
ARTICLE 12
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
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PASSED AND APPROVED ON FIRST READING ON THIS St DAY OF
~~pnif1Y1~1~) , 2009.
(L `r MAYOR
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ATTEST: ..`QUTN••.,• e
CITY SECRETA#Y
PASSED AND APPROVED ON SECOND READING ON THIS 15th DAY OF
2009.
MAY 6R
ATTEST:
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CITY SECRETA#Y
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APPROVE AST FORM AND LEGALITY:
CITY ATTORNEY
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