0641ORDINANCE NO. 641
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 MAPS AND THE FLOOD
BOUNDARY-FLOODWAY MAPS (FIRM AND FBFM) ACCOMPANYING
THE FLOOD INSURANCE STUDY FOR TARRANT COUNTY AND
INCORPORATED COMMUNITIES DATED AUGUST 2, 1995; REPEALING
ORDINANCE 418 RELATING TO FLOOD HAZARD PREVENTION AND
PROVIDING FOR THE REPEAL OF OTHER INCONSISTENT
ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION 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 1
STATUTORY, AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. Statutory Authorization
The Legislature of the State of Texas has, in accordance with V.T.C.A, Water Code,
Section 16.311, et seq., 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.
(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 fiood-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, s~eam 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;
(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 its
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.
"Appeal" - means a request for a review of the Flood Plain Administrator's interpretation
of any provision of this ordinance or a request for a variance.
"Area of Shallow Flooding" - means a designated AO, AH, or VO zone on a community's
Flood Insurance Rate Map (F1RM) with a one pement chance or greater annual chance of flooding
to an average depth of one to three 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" - is the land in the floodplain within a community subject
to a one 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,
AE, AH, AO, AI-99, VO, V1-30, VE or V.
"Base Flood" - means the flood having a one percent chance of being equaled or exceeded
in any given year.
"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.
"Basement" - means any area of the building having its floor subgrade (below ground
level) on all sides.
"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, drilling operations, or storage of equipment or materials.
"Elevated Building" - means a non-basement building (i) built, in the case of a building
in Zones Al-30, AE, A99, Ad, AH, B, C, X, and D, to have the top of the elevated floor, or in
the case of a building in Zones Vi-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones Al30, AE, A, A99, Ad, AH, B, C, X, D,
"elevated building" also includes a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case
of Zones V1-30, VE, or V, "elevated building~ also includes a building otherwise meeting the
def'mition of.. elevated building," even though the lower area is enclosed by means of breakaway
walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood
Insurance Program regulations.
"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 minimmn, 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 the final 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; or
(2) the unusual and rapid accumulation or runoff of surface waters from any soume.
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"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" - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the Flood Boundary-Floodway Map.
"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 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.
"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.
"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:
(a) 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;
(b) 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;
(c) 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;
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(1)
By an approved state program as determined by the Secretary of the
Interior or:
(2)
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 applicabte
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
when connected to the required utilities. For flood plain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured
home" does not include park trailers, travel trailers, and other similar vehicles.
"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 (NKVD) 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 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 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.
"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, 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,
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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 fa:st 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 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 conditions
or (2) any alteration of a "historic structure", provided that the alteration will not preclude the
struclure's continued designation as a "historic structure."
"Variance" - is a grant of relief to a person from the requirements of this ordinance when
specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this ordinance. (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.
"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.
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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 a scientific and engineering report entitled, "The Flood Insurance Study for Tarrant
County and Incorporated Communities," dated August 2, 1995, with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFlVl) 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 Perrait shall be required to ensure conformance with the provisions of this
ordinance.
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, restrict, conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
SECTION F. Inte~retation
In the interpretation and application of this ordinance, 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.
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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
thereunder.
ARTICLE 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 (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 a proposed building site will be
reasonably safe from flooding.
(3)
Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(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
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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 Natural Resources and Conservation Commission,
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 hereof.
(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 Al-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 Al-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 applies for a conditional FIRM revision through FEMA.
SECTION C. permit Procedures
(i)
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, and
the location of the foregoing 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;
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(2)
(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; and
(d) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
(e) Maintain a record of all such information in accordance with Article 4, Section
(B)(1).
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;
(i) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use; and
(i) The relationship of the proposed use to the comprehensive plan for that area.
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SECTION D.
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Variance Procedures
The City Council shall hear and render judgment on requests for variances from
the requirements of this ordinance.
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.
Any person or persons aggrieved by the decision of the City Council may appeal
such decision in the courts of competent jurisdiction.
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.
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.
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
lbr issuing the variance increases.
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
C).
Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
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 cont'mued 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:
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(11)
(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.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependem use, provided that: (i) the criteria outlined in Article 4,
Section D(1)-(9) hereof 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.
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;
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(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 systems 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.
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 C(4),
the following provisions are required:
(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 regi}tered 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 below the base flood level the structure is watertight 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.
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(3)
(4)
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 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.
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 purpose of this requirement, 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, or (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 be elevated at least two feet above the base flood elevation must be securely
anchored to and adequately anchored foundation system to resist flotation, collapse
and lateral movement.
(c) Rcquke 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:
16
(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.
(s)
Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones AI-30, AH and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, (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 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.
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.
Base flood elevation data shall be generated for subdivision proposals and other
proposed development, including manufactured home parks and subdivisions,
which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Article 3, Section B, or Article 4, Section B(8), of this
ordinance.
(4)
All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have adequate drainage provided to reduce exposure to
flood hazards.
(5)
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.
17
SECTION D. Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Article 3, Section B, of this
ordinance, are areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1)
All new construction and substantial improvements of residential structures shall
have the lowest floor (including the basement) elevated above the highest adjacent
grade at least two feet higher than depth number specified in feet on the
community's FIRM.
(2)
All new construction and substantial improvements of nonresidential structures
shall:
(i) have the lowest floor (including the basement) elevated above the highest
adjacent grade at least two feet higher than the depth number specified in feet on
the community's FIRM.
(ii) together with attendant utility and sanitary facilities be designed so that below
the base flood level the structure is watertight with walls substantially impermeable
to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article
4, Section C(l)(a), are satisfied.
(4)
Require, within Zones AH or AO, adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
SECTION E. 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
18
(2)
encroachmen would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
If Article 5, Section E(I) above is satisfied, all new construction and substantial
in~provements shall comply with all applicable flood hazard reduction provisions
of Article 5.
(3)
Under the provisions of 44 CFR Chapter 1, Section 65.12. of the National Flood
Insurance 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 applies for a conditional FIRM and floodway
revision through FEMA.
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. 418 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;
19
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.
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.
2O
PASSED AND APPROVED ON FIRST READING ON THIS ~/~ DAY OF
1995.
DAY OF
ATTEST:
C~'Y SE~P,~ETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney ~r
21
Fort Worth Star-Telegram FED. I.D. NO. 22-3148254
AD INVOICE NO. 201132
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
T' 'T STATE OF TEXAS
my of Tarrant
re me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
7/07ME 201132 notice of PUBLIC I358 1x 64L 64 . 55 35 . 20
07/07-0Y/07
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
TO ALL INTERESTED PER-
SONS _..
that the City Council
of the City of Southlake,Tex-
as, will be holding a public
hearing during the Regular
City council meeting to be - -
held on July 18, 1995, be-
ginning at 7:00p.m. The
meeting will be held in the
City Council Chambers of
City Hall, 667 North Carroll - - -
Avenue, Southlake, Texas.
The purpose of the public
hearing is to consider the
following ordinance:
ORDINANCE NO.641
CITY OF z
SOUTHLAKE TEXASAN ORDINANCE OF THE CITYOF SOUTHLAKE TEXAS
LATONS
ADOPTIN
TO G�MIINIMIZE SIGNEDa.
FLOOD LOSSES; ESTAB-
LISHING PROVISIONS FOR
SCRIBED AND SV1 TIONFD REP LINGHAZA R ORDI-: ME, THIS THE 19TH DAY OF JULY
NANCE NO. 418 RELATING
TO FLOOD HAZARD PREVEN-
TION AND PROVIDING FOR'0'1,br%'L �V' f j'V�'
^,. ,r^
I THE REPEAL OF OTHER IN-
CONSISTENT ORDINANCES Hernandez Notary Public
PROVIDING FON
OFFICE SEVERABILITY;PROVIDING A n EXU Ire$
�„ . PENALTY OF FINE NOT TO!
EXCEED THE SUM OF FIVE; TARRANT COUNTY,TEXAS
�/ c �'�° HUNDRED DOLLARS 714, 1998
CITY J��/L-ETARY FSESNSE AND OOA SEPARATE
OFFENSE SHALL BE,
DEEMED COMMITTED EACH
PLEASE PAY THIS 0 DAY DURING
VIOLATION OOCR OCUF N WHICH
'\ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
CONTINUES; DECLARING
AN EMERGENCY AND PRO-
k----- VIDING AN EFFECTIVE DATE (RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---..A SECTION B.Penalty
Fort Worth St a r-'i"ele ram
REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102
201132 ACCOUNT C I T 5 7 AMOUNT 35. 20
NUMBER DUE
PACE I OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501
CITY OF SOUTHLAKE
ATTN : sandra
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 35 . 20
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED