2011-024 ORD AMENDING CHAPTER 13, FLOOD DAMAGE PREVENTION AND CONTROL OF THE CODE OF ORDINANCESORDINANCE NO. 2011-024
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
FLOODPLAIN MANAGEMENT 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 the Flood Control Insurance
Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental
units to adopt regulations designed to minimize flood losses. Therefore, the City of Paris,
Texas does ordain as follows:
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,
Texas, entitled "Flood Damage Prevention and Control," be, and is hereby, repealed
and declared null and void and of no further effect.
Section 3. That a new Chapter 13 of the Code of Ordinances of the City of
Paris, Texas, be, and is hereby, adopted so that such shall read as follows:
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I. IN GENERAL
Sec. 13-1 Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water
Code, Section 16.315, delegated the responsibility of local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the City of Paris, Texas does
ordain as follows:
Sec. 13-2 Findings of Fact
(1) The flood hazard areas of Paris, Texas 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.
(2) 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.
Sec. 13-3 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) 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 of
flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 13-4 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;
I
(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 II. DEFINITIONS
Sec. 13-5 unless specifically defined below, words or phrases used in this ordinance shall
be interpreted to give them the meaning they have in common usage and to give this
ordinance it's most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized by high-velocity
flows; active processes of erosion, sediment transport, and deposition; and
unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
APPURTENAIVT STRUCTURE - means a structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to
the use of the principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would
be inundated by the 1-percent-annual chance (100 year) flood based on future
conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated A0, AH, AR/A0, AR/AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater
annual chance of flooding to an average depth of 1 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 community
subject to a 1 percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate
making has been completed in preparation for publication of the FIRM, Zone A usually
is refined into Zones A, A0, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/A0, AR/AH,
AR/A, V0, V1-30, VE or V.
3
BASE FLOOD - means the flood having a 1 percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate
Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A,
AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting
from the flood that has a 1% chance of equaling or exceeding that level in any given
year - also called the Base Flood.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on all sides.
BREAKAWAY WALL - means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building
or supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
DEVELOPMEIVT - 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,
which has its lowest elevated floor, raised above ground level by foundation walls,
shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the FIRM
or before January 1, 1975, for FIRMs effective before that date. "Existing construction"
may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to 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 community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing
4
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 FLOODIIVG - 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 mudslide (i.e., mudflow) and/or flood-
related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the special
flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations.
FLOODPLAIIV MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the area
within a community subject to a"special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
5
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 qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of the
Interior; or
(4) Individually listed on a local inventory or historic places in communities
with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the
Interior or;
(b) Directly by the Secretary of the Interior in states without
approved programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
6
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 SUBDIVISIOIV - 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
North American Vertical Datum (NAVD) of 1988 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 a floodplain management regulation
adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
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.
7
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.
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 it's 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 living
8
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 community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's 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 North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE III. GENERAL PROVISIONS
Sec. 13-6 Lands to Which This Ordinance Applies
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of
Paris, Texas.
Sec. 13-7 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 (FIS) for Lamar County, Texas and Incorporated Areas, dated August 16, 2011, with
Flood Insurance Rate Map (FIRM), dated August 16, 2011; and any revisions thereto are
hereby adopted by reference and declared to be a part of this ordinance.
Sec. 13-8 Establishment of Development Permit
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
Sec. 13-9 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.
9
Sec. 13-10 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 13-11 Interpretation
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.
Sec. 13-12 Warning and Disclaimer or Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on the part of the community or
any official or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
ARTICLE IV. ADMINISTRATION
Sec. 13-13 Designation of the Floodplain Administrator
The City Manager or designee is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this ordinance and other appropriate sections
of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain management.
Sec. 13-14 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 ordinance.
(2) Review permit application to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
10
(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
between a mapped boundary and actual field conditions) the Floodplain Administrator
shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is the Texas Water Development Board (TWDB) and also the Texas
Commission on Environmental Quality (TCEQ), 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, 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 S.
(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 A1-30 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 provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in
Zones A1-30, AE, AH, on the community's FIRM which increases the water surface
elevation of the base flood by more than 1 foot, provided that the community first
completes all of the provisions required by Section 65.12.
Sec. 13-15. Permit Procedures
(1) Application for a Floodplain Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include, but not be
limited to, plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the foregoing 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 basement)
of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall
be f1ood-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);
(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);
(2) Approval or denial of a Floodplain Development Permit by the Flooplain
Administrator 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 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;
(o 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;
12
(g) 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;
(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.
Sec. 13-16. Variance Procedures
(1) The Appeal Board, as established by the community, shall hear and render
judgment on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal
such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon
request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in the remainder of this
ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of 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
Section C(2) of this Article have been fully considered. As the lot size increases beyond the
1/2 acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board 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).
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair or rehabilitation will not preclude the structure's
13
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(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 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.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met,
and (ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 13-17 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;
14
(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.13-18 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
(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 two
(2) feet above the base flood elevation. A registered professional engineer, architect,
or land surveyor shall submit a certification to the Floodplain Administrator that the
standard of this subsection as proposed in Article 4, Section C(1) a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements
of any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to two (2) feet above 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.
(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
15
by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
(a) A minimum of two openings on separate walls having a total net area of not
less than 1 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 1 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
community'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 A1 - 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 is elevated to
two (2) feet above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(c) Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones A1-30,
AH and AE on the community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at two (2) feet above the
base flood elevation, or
16
(ii) the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than
180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the
permit requirements of Article 4, Section C(1), and the elevation and anchoring
requirements for "manufactured homes" in 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. 13-19 Standards for Subdivision Proposals
(1) All subdivision proposals including the placement of 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 the placement of
manufactured home parks and subdivisions shall meet Floodplain Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of
this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of 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)Base flood elevation data, with the establishment of a floodway, shall be generated
by a detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of
Zone A areas, and other streams not mapped by FEMA, as indicated on the community's
FIRM.
(5) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to flood
hazards.
(6) 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
Sec. 13-20 Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Article 3, Section B, are
areas designated as shallow flooding. These areas have special flood hazards associated
with flood depths of 1 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:
(1) All new construction and substantial improvements of residential structures have
the lowest floor (including basement) elevated to two (2) feet above the base flood
elevation or the highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least 2 feet if no depth number is specified).
(2) All new construction and substantial improvements of non-residential structures;
(a) have the lowest floor (including basement) elevated to two (2) feet above
the base flood elevation or the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least 2 feet 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, 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 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.13-21 Floodways
Floodways - located within areas of special flood hazard established in Article 3, Section B,
are areas designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it
has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment would not
18
result in any increase in flood levels within the community during the occurrence of the
base flood discharge.
(2) If Article 5, Section E(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
5.
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 5. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions
of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense.
Section B. That the City Council voted by a supermajority vote of the entire Council to
suspend the rule requiring two readings before adoption of ordinances 6 ayes and 0
nays.
Section 9. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this July 25, 2011.
19
ATTEST:
')n6ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya , ' ttorney
20