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HomeMy WebLinkAbout831 03-12-1985ORDINANCE NO. 831 AN ORDINANCE AMENDING CHAPTER FOUR (4) , "BUILD- INGS AND STRUCTURES ", OF THE CODE OF ORDI- NANCES, CITY OF EULESS, 'TEXAS, BY THE ADDI'T'ION Of' AN "ARTICLE VII" THERETO TO PROVIDE FOR PROCEDURES TO MINIIMIZE FLOOD DAMAGE; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING AN EFFECTIVE DATE, PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the Legislature of the State of Texas has in Vernon's Texas Codes Annotated, Water Code y 16.315, delegated the responsibility to local governmental units to adopt regu- lations designed to minimize flood losses; and WHEREAS, the flood hazard areas of the City of Euless 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; and VvHEREAS, these flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofea, or otherwise protected from flood damage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: DIVISION I SECTION A. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6 ) To 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) To insure the 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, inciuding facilities which serve such uses, be protected against flood damage at the time of initial con- struction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accomodation of flood- waters; (4) Control filling, grading, dredging and other de- veiopment which may increase flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. DIVISION II DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning -2- they have in common usage and to give this ordinance its most reasonable application. APPEAL - means a request for a review of the Director of Public works and /or the City Engineer's interpretation of any provisions 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 (FIRM) with a one percent or greater 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 veiocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the flood - plain 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 FHBM. After detailed ratemaking has been completed in preparation for publica- tion of the FIRTi, Zone A usually is refined into Zones A, A0, AH, Ai -99, VO, or V1 -30. BASE FLOOD - means the floact having one percent chance of being equalled or exceeded in any given year. DEVELOPM1ENT - means any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more mobile hone lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completea before the ef- fective date of this ordinance. EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which mobile homes are to be affixed ('including the installation of utilities, either final site grading or the pouring of concrete pads, or the construction of streets). -3- FLOOD OR FLOODING - means a general and temporary con- dition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland water. (L) The unusual ana rapid accumulation or runoff or surface waters from any source. FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Federal Insurance Adminis- tration, where the areas within the boundaries of special flood 'hazards have been designated as Zone A. FLOOD INSURANCE RA'Z'E MAP (FIRid) - means an official map of a community, on which the Federal Insurance Adminis- tration 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 Insurance Administration. The report con- tains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary Floodway Map. FLOODWAY - means the channel of a river or other water- course and the adjacent land areas that must be reserved in order to discharge the base fiood without cumulatively increasing the water surface elevation more than one foot-. HABITABLE FLOOR - means any floor usable for living purposes, which includes working, sleeping, eating, cook- ing or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor". HIGHEST ADJACENT GRADE - means the highest natural eleva- tion of the ground surface prior to construction next to the proposed walls of a structure. MEAN SEA LEVEL - means the average height of the sea for all stages of the tide. MOBILE HOME - means a structure, transportable in one or more sections, which is built on a permanent chassis designed to be used with or without a permanent founaation when connected to the required utilities. It does not include recreational vehicles or travel trailers. NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISIO14 - means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. START OF CONSTRUCTION - means the first placement of permanent construction of a Etructure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include exca- vation 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the 'first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes within mobile home parks or mobile home subdivision, "start ok construction "" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the con- struction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. STRUCTURE - means a walled and roofed building that is principally above ground, as well as a mobile home. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruc- tion, or improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure either (i) before the improvement or repair is started, or (2 ) if the structure has been damaged ana is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the vuilding commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of -5- a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the Texas Register of Historic Landmarks. 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, there- fore, permits construction or development in a manner otherwise prohibited by this ordinance. DIVISION III GENERAL PROVISION 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 of Euless. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HARZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineer- ing report entitled "The Flood Insurance Study for the City of Euless," dated November. 8, 1983, with accompanying Flood In- surance Rate Maps and Flood Hazard Boundary- Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure con- formance 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, convenants, or deed restric- QS tions. However, where this ordinance and another conflict or overiap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum require- ments; (2) liberally constructed 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 OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is basea on scientific and engineering cons iuerations. On rare oc- casions, 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 City of Euless or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there- under. DIVISION IV ADMINISTRATION SECTION A. DESIGNATION OF THE DIRECTOR OF PUBLIC WORKS AND /OR CITY ENGINEER The Director of Public works and /or City Engineer is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR Or' PUBLIC WORKS AND /OR CITY ENGINEER Duties and responsbilities of the Director of Public Works and /or City Engineer shall include, but not be limited to: (i) Maintain and hold open for public inspection all records pertaining to the provisions of this ordi- nance. (2) Review, approve or deny all applications for de- velopment permits required by Division 1II, Sec- tion C of this ordinance. (3) Review permits fo.r proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (4) 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 Director of Public Works and /or City Engineer shall make necessary inter- pretation. The person contesting the location of the boundary shall be given a .reasonable oppor- tunity to appeal the interpretation as provided in Section D (2) of this Division. (5) Notify adjacent communities and the Texas Depart- ment of Water. Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (b) Assure that maintenance is provided within the altered or reiocated portion of said watercourse so that the flood carrying capacity is not di- minished. (7) When base flood elevation data has not been pro- vided in accordance with Division III, Section B, the Director of Public works and /or City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Feder- al, State, or other source, in order to administer the provision of Division V. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Director of Public Works and /or City Engineer on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the locations, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location '.ice. of the foregoing in relation to areas of special flood hazard. Additionally, the following in- formation is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; b. Elevation in relation to mean sea level to which any non - residential structure shall be floodproofed; C. A certificate from a registered pro- fessional engineer or architect that the non - residential floodproofed structure shall meet the f loodproof ing criteria of Division V, section B (2); and d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (2) Approval or denial of a Development Permit by the Director of Public works and /or City Engineer shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood dam- age 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 develop- ment; e. The safety of access to the property in times of flood for ordinary and emer- gency vehicles; -9- f. The costs of providing governmental services during and after flood con- ditions including maintenance and re- pair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems. g. The expected heights, velocity, dura- tion, rate of rise and sediment trans- port of floodwaters expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative loca- tions, not subject to flooding or ero- sion damage, for the proposed use; and j. The relationship of the proposed use to the comprehensive plan for that area. SECTION D. VARIANCE PROCEDURES (1) The Planning and 'Zoning Commission as established by the City of Euless shall hear and render judg- ment on requests for variances from the require- ments of this ordinance. (2) The Planning and Zoning Commission shall hear acid render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works and /or City Engineer in the enforce- ment or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Planning and Zoning Commission may appeal such decisions in the courts of competent jurdisdic- tion. (4) The Director of Public Works and /or City Engineer shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures -10- listed on the National Register of Historic Places or the Texas Register of Historic Landmarks, with- out regard to the procedures set forth in the remainder of this Section. (b) Generally, variances may be issued for new con- struction 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, providing the relevant factors in Section C (2) of this Division have been fully considered. As the lot size increases beyond one -half acre, the tech- nical justification required for issuing the vari- ance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Planning and Zoning Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordi- nance (Division 1, Sections A and B). (S) Variances shall not be issued within any aesig- nated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: 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) a showing of good and sufficient cause, (ii) a determination that failure 'co grant the variance would result in ex- ceptional hardship to the applicant, and (iii) a determination that the grant- ing 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. -ii- c. Any applicant to whom a variance is granted shall be given written notice that the structure will not be permitted to be built with a lowest floor eleva- tion below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest iioor elevation. DIVISION V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards, the following provisions are required; (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (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 and utility equipment resistant to flood damage; (4) Ali new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (5) New and replacement sanitary sewage systems snail be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into floodwaters; and (6) 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) Division -12- III, Section B; (ii) Division IV, Section B, (7); or (iii) Division V, Section D, (3), the following provisions are required: (1) Residential Construction - New Construction or substantial improvement of any residential struc- ture shall have the lowest floor, including base- ment, elevated to or above the base flood eieva- tion. A registered professional engineer, archi- tect, or land surveyor shall submit a certifica- tion to the Director of Public works and /or City Engineer that the standard of this subsection, as proposed in Division IV, Section C ( 1 ) ( a) , is satisfied. (l) Non - residential Construction - New construction or substantial improvement of any commercial, in- dustrial or other non- resicential structure shali either have the lowest floor., including basement, elevated to the level of the base flood elevation or, together with the attendant utility and sani- tary facilities, be floodproofed 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 hydro- dynamic loads and effects of buoyancy. A regis- tered professional engineer or architect shall submit a certification to the Director of Public Works and: /or. City Engineer, that the standards of this subsection as proposed in Division IV, Sec- tion C (1) (c), are satisfied. (3) Mobile Homes - a. No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home sub- division. b. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement. Specific requirements shall be; (i ) over- the -top ties at each or the four corners of the mobile home, with two additionai ties per -i.3- side at intermediate locations and mobile homes less than 50 feet long requiring one addi- tional tie per side; (ii) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four addi- tional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4, 800 pounds; and (iv) any additions to the mobile home be similarly anchored. C. For new mobile home parks and subdivi- sions; for expansions to existing mobile home parks and subdivisions; for exist- ing mobile home parks and subdivisions where the repair, reconstruction or im- provement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A regis- tered professional engineer, architect, or land surveyor shah submit a certification to the Director of Public Works and /or City Engineer that the standards of this paragraph complies with Section b (i) of this Division. (ii) adequate surface drainage and access for a hauler are pro- vided. -14- (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ter, feet apart, and (3) reinforce- ment is provided for pilings more than six feet above the ground level. (4) Floodways - located within areas of special flood hazard established in Division II, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential pro- jectiles and erosion potential, the following pro- visions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial im- provements and other developments un- less certification by a professional registered engineer or architect is provided demonstrating that encroach- ments shall not result in any increase in flood levels during occurrence of the base flood discharge. b. If Division V, Section B (4 ) (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard re- duction provisions of Division V. C. The placement of any mobile homes, ex- cept in an existing mobile home park or subdivision, is prohibited. SECTION C. STANDARDS FOR AREAS OF SHALLOW ;LOODING (AO 'ZONES) Located within the areas of special flood hazard estab- lished in Division III, Section B 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 or flooding is unpredictable and indeterminate; therefore, the following provisions apply: -15- (1) All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM ( at least two feet if no depth number is specified). (2) All new construction and substantial improvements of non - residential structures: (i) shall have the lowest floor. (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities shall be designated so that below the base flood level the structure is watertight with walls sub- stantially impermeable to the passage or water and with structural components having the capability of resisting hy- drostatic and hydrodynamic loads of ef- fects of bouyancy. (3) A registered professional engineer or architect shall submit a certification to the Director of Public Works and /or City Engineer that the stan- dards of this Section, as proposed in Division IV, Section C (1) (a) are satisfied. (4) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide flood- waters around and away from proposed structures. SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS (1) Ali subdivision proposals shall be consistent with Division I, Sections A and B of this ordinance. (2) Ali proposals for the development of subdivisions shall meet Development Permit requirements of Division III, Section C; Division IV, Section C; and the provisions of Division V of this ordinance. -1€;- (3) Base flood eievation data shall be provided for subdivision proposals and other proposed develop- ment which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Division III, Section B or Division IV, Section B (7) of this ordinance. (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and con- structed to minimize flood damage. DIVISION VI Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor arid, upon conviction thereof, shall be fined in an amount not to exceed $1,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. DIVISION VII Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. DIVISION VIII Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 sec- tion. -17- IN DIVISION IX Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. PRESENTED AND PASSED on first and final reading on the 12th day of March , 1985, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes, 0 nayes and 0 abstentions. ATTEST: Kay R - ney" City Secretary 1PPReVEQOS TO FORM: arl nd, City Attorney APPROVED: Harold Samuels, i�iayor -18-