06-A Adopting Model Flood Damage Prevention Ordinance
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: [
August 13, 2007
I
. Action 0 Discussion
o Information
o Refer to:
SUBMITTED BY:
Lisa A. Wright, Director of Community Development
DESCRIPTION:
An ordinance adopting a new flood damage prevention ordinance.
BACKGROUND INFORMATION:
In 1983, the City of Paris added Chapter 13 to the Code of Ordinances entitled, Flood
Damage Prevention and Control. That ordinance has not been substantially updated
since that time to meet current floodplain standards and requirements. In order to
continue participation in the National Flood Insurance Program, the TCEQ is requiring
the City to update its floodplain management program.
The proposed ordinance is based almost entirely on the model ordinance developed by
FEMA; however, the model ordinance provides that the lowest floor be only at or able
the base flood elevation. The ordinance as proposed herein provides that the lowest
floor be at least one foot above the base flood elevation. The model ordinance is based
solely on the minimum requirement, and many cities in Texas are adopting higher
standards in this area to reduce the risk and extent of flood damage.
FISCAL AUTHORITY:
BUDGETED: N/A Account #:
GRANT: Account #:
BOND I C 0 Account #:
Other: See attached for recommended funding
LEGAL REVIEW:
MANAGER'S RECOMMENDATION:
W:ATTORNEy\OrdworkICurrentlFlood Plain Ordinance 2007
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING CHAPTER 13, FLOOD DAMAGE PREVENTION AND
CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS TO ADOPT A REVISED FLOOD DAMAGE PREVENTION
ORDINANCE BASED ON THE FEDERAL EMERGENCY MANAGEMENT
AGENCY'S (FEMA) MODEL FLOODPLANMANAGEMENT ORDINANCE
DESIGNATING A FLOODPLAIN ADMINISTRATOR; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE,
A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has, in Subchapter I, Chapter 16, Section
16.3145 of the Texas Water Code, delegated the responsibility oflocal governmental units to adopt
regulations designed to minimize flood losses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Chapter 13 of the Code of Ordinances of the City of Paris, Paris, Texas,
entitled "Flood Damage Prevention and Control," be, and the same is hereby, repealed and declared
null and void and or no further effect.
Section 3. That a new Chapter 13 of the Code of Ordinances of the City of Paris, Paris,
Texas, be, and the same is hereby, adopted so that such shall read as follows:
"FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I. IN GENERAL
Sec. 13-1. Findings of Fact
(a) The flood hazard areas of Paris are subject to periodic inundation, which results
in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection
and relief, all of which adversely affect the public health, safety, and general welfare.
(b) These flood losses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other
lands because they are inadequately elevated, floodproofed, or otherwise protected
from flood damage.
Page 1 of 17
Sec. 13-2. 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:
(I) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone, and sewer lines, streets, and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development offlood-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.
Sec. 13-3. 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 floodplains, 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;
(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
Sec. 13-4. 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.
Page 2 of 17
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 l-percent-annual chance (100 year) flood based on future
conditions hydrology.
Area of shallow flooding means a designated AO, AH, ARI AO, ARI AH, or
VO zone on a city's Flood Insurance Rate Map (FIRM) with a I 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 is the land in the floodplain within a city subject
to a I 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, AI-3D, AE, A99,
AR, ARlAI-30, ARlAE, ARlAO, ARlAH, ARIA, VO, VI-3D, VE, or V.
Base flood means the flood having a I percent chance of being equaled or
exceeded in any given year.
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 to improved and unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations or storage
of equipment or materials.
Elevated building means, for insurance purposes, a non-basement building
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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 I, 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 be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the
effective date of the floodplain management regulations adopted by a 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.
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 muds Ii de (i.e., mudflow)
and/or flood-related erosion hazards.
Flood Insurance Rate Map (FIRM) means an official map of a city on which
the Federal Emergency Management Agency has delineated both the special
flood hazard areas and the risk premium zones applicable to the city.
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
Page 4 of 17
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 city 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
moditying works are those constructed in conformance with sound
engineering standards.
Flood proofing means any combination of structural and 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. See Regulatory Floodway
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:
(1) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of 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
to quality 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;
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(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 or 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 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) ofland 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 city'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
a floodplain management regulation adopted by a city 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 floodplain management regulations adopted by a city.
Recreational vehicle means a vehicle which is (1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal
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projections; (3) designed to be self-propelled or permanently towable by a
light duty truck; and (4) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel,
or seasonal use.
Regulatory jloodway 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.
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, 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 slab 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 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 the 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 term 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
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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 a 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 city's floodplain 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 (N G VD) of 1929 (or other datum, where specified), of floods
~f v~ious magnitudes and frequencies in the floodplains of coastal or
nvenne areas.
ARTICLE 3. GENERAL PROVISIONS
Sec. 13-5. Lands to Which This Chapter Applies
This Chapter shall apply to all areas of special flood hazard with the
jurisdiction of the City of Paris.
Sec. 13-6. 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 City of Paris, Texas,' dated June 15, 1983, with the most
effective Flood Insurance Rate Maps (FIRM), dated December 15, 1983.
Sec. 13-7. Establishment of Development Permit
A Floodplain Development Permit shall be required to ensure conformance
with the provisions of this Chapter.
Sec. 13-8. Compliance
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this Chapter and other applicable
regulations.
Sec. 13-9. Abrogation and Greater Restrictions
This Chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Page 8 of 17
Sec. 13-10. Interpretation
In the interpretation and application of this Chapter, 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.
Sec. 13-11. Warning and Disclaimer or Liability
The degree of flood protection required by this Chapter 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 Chapter 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 Chapter shall not create
liability on the part of the city or any official or employee thereof for any flood
damages that result from reliance on this Chapter or any administrative decision
lawfully made hereunder.
ARTICLE 4. ADMINISTRATION
Sec. 13-12. Designation of the Floodplain Administrator
The Director of Community Development is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this Chapter and other
appropriate sections of 44 CFR (Emergency Management and Assistance _ National
Flood Insurance Program Regulations) pertaining to floodplain management.
Sec. 13-13. Duties & 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 Chapter.
(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 Chapter.
(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 V.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
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_0........ __.__..._..__~~_____.___,,_._ ".. ____
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 Texas Commission on Environmental Quality,
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
Sec. 13-6 hereof, 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 of this Chapter.
(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-3D and AE on the city'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
city.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a city may approve certain
development in Zones AI-3D, AE, and AH on the city's FIRM which
increases the water surface elevation of the base flood by more than 1 foot,
provided that the city first completes all of the provisions required by Section
65.12.
Sec. 13-14. Permit Procedures
(a) Application for a Floodplain Development Permit shall be presented to the
Floodplain Administrator on forms furnished by himlher 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
in relation to areas of special flood hazard. Additionally, the following information
is required:
(1) Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of
Sec. 13-17;
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_.,."._._-~.. ......-........---....-"-.__.....h..
(4) Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(5) Maintain a record of all such information in accordance with Section 13-
13(1 );
(b) Approval or denial of a Floodplain Development Permit by the Flooplain
Administrator shall be based on all of the provisions of this Chapter and the
following relevant factors:
(I) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of
others;
(4) The compatibility of the proposed use with existing and anticipated
development;
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(6) 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;
(7) The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
and,
(9) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
Sec. 13-15. Variance Procedures
(a) The City Council shall hear and render judgment on requests for variances
from the requirements of this Chapter.
(b) 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 Chapter.
(c) Any person or persons aggrieved by the decision of the City Council may
appeal such decision in the courts of competent jurisdiction.
Page I I of 17
(d) 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.
(e) 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 Chapter.
(f) Variances may be issued for new construction and substantial
improvements to be erected on a lot of 1/2 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 Sec. 13 -14(b ) have been fully considered. As the lot
size increases beyond the 1/2 acre, the technical justification required for issuing the
variance increases.
(g) Upon consideration of the factors noted above and the intent of this
Chapter, the City Council may attach such conditions to the granting of variances as
it deems necessary to further the purpose and objectives of this Chapter (Sec. 13-2).
(h) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(I) 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 continued designation as a historic structure and the variance
is the minimum necessary to preserve the historic character and design of the
structure.
G) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon: (1) showing a good and sufficient
cause; (2) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (3) 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.
(3) Any application to which 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.
(k) Variances may be issued by a city for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (1) the criteria outlined in Sec. 13-15(a)-(l) are met, and
Page 12 of 17
(2) 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
Sec. 13-16. 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.
Sec. 13-17. Specific Standards
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (I) Sec. 13-6, (ii) Sec. 13-13(8), or (iii) Sec. 13-18(3), the
following provisions are required:
(1) Residential Construction. New construction and substantial improvement
of any residential structure shall have the lowest floor (including basement)
elevated to a minimum of one foot above the base flood elevation. All new
residential construction shall have an access elevation at or above the base
flood elevation. No residential construction shall be permitted in the
floodway. 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 Sec. 13-14(a)(l) is satisfied.
Page 13 of 17
(2) Nonresidential Construction. New construction and substantial
improvements of any commercial, industrial, or other nonresidential structure
shall either have the lowest floor (including basement) elevated to a
minimum of one foot above the base flood level or together with attendant
utility and sanitary facilities, be designed so that below one foot above 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 floodproofed 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 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 oftwo openings on separate walls having a total net
area of not less than I 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 I foot above
grade.
(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 city's FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes 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 AI-3D, AH, and AE on the city's FIRM on
sites (1) outside of a manufactured home park or subdivision, (2) in
a new manufactured home park or subdivision, (3) in an expansion to
an existing manufactured home park or subdivision, or (4) in an
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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 to a minimum of one foot
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 with Zones AI-3D, AH, and AE on the city'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 or above
a minimum of one foot above the base flood elevation; or
(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,
placed on stable soil no more than ten feet apart, and is
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 AI-3D, AH, and AE on the city's FIRM either (1) be on the site
for fewer than 180 consecutive days, (2) be fully licensed and ready for
highway use, or (3) meet the permit requirements of Sec. 13-14(a) 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.
Sec. 13-18. Standards for Subdivision Proposals
(a) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall be consistent with Sections 13-1, 13-2, and 13-3 of this
Chapter.
(b) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet the Floodplain
Development Permit requirements of Sec. 13-7, Sec. 13-14, and the provisions of
Article 5 of this Chapter.
(c) Base flood elevation data shall be generated for subdivision proposals and
other proposed development including the placement of manufactured home parks
and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Sec. 13-6 or 13-13(8) of this Chapter.
(d) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
Page 15 of 17
(e) 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.
Sec. 13-19. Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Sec. 13 -6 are
areas designated as shallow flooding. These areas have special flood hazards
associated with flood depths 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; therefore, the
following provisions apply:
(I) All new construction and substantial improvements of residential
structures 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 city's FIRM (at least one foot ifno depth number is specified).
(2) All new construction and substantial improvements of non-residential
structures:
(a) 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 city's FIRM (at least one foot if no depth number is
specified), or;
(b) together with attendant utility and sanitary facilities be designed
so that below the base specified flood depth in an AO Zone, or below
the Base Flood Elevation in an AH Zone, 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 Sec. 13-14, 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.
Sec. 13-20. Floodways
Floodways. Located within areas of special flood hazard established in Sec.
13-6 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
Page 16 of 17
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in
flood levels within the city during the occurrence of the base flood discharge.
(2) If Sec. I3-20( I) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of Article 5."
Section 4. All provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 4. The repeal of any ordinance or part of ordinances affected by the enactment of
this ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue,
or as affecting any rights of the municipality under any section or provisions of any ordinance at the
time of passage of this ordinance.
Section 5. It is the intention of the City Council of the City of Paris that this ordinance, and
every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any
section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this
ordinance.
Section 6. Any person violating any of the provisions of this ordinance shall be guilty of a
Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $200.00, and each and
every day's continuance of any violation of the above-enumerated section(s) shall constitute and be
deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 13th day of August, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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