87-009 ORD PROVIDING APPENDIX B-1 OF CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE 2 SECTION 1 OF ARTICLE 3, ARTICLE 4 AND ARTICLE 5 OF SAID CODE
ORDINANCE N0. 87T009
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT APPENDIX B-1 OF THE CODE OF ORDINANCES, CITY
OF PARIS, BE AMENDED BY REVISING ARTICLE 2, SECTION A OF
ARTICLE 3, ARTICLE 4 AND ARTICLE 5 OF SAID CODE; PROVIDING
FOR THE UPDATING OF DEFINITIONS AND TREATMENT OF MOBILE
HOMES AND MANUFACTURED HOUSING AS RECOMMENDED BY FEDERAL
EMFRGENCY MANAGEMENT AGENCY; PROVIDING FOR A PENALTY NOT TO
EXCEED $1,000.00; REPEALING ALL ORDINANCES QR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; ANB PROVIDING FOR AN
EFFECTIVE DATE OF MARCH 1, 1987.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l. That A.rticle 2 of Appendix B-1 of the
Code of Ordinances of the City of Paris, Paris, Texas, be
amended so that such shall read as follows:
"ARTICLE 2. DEFINITIONS
"Unless specifically defined below, words or
phrases used in this ordinance shall be inter-
preted to give them the meaning they have in
common usage and to give this ordinance its most
reasonable application.
Administrator means the director of community
development.
Appeal means a rPquest for a review of the
Administrator°s interpretation of any provision of
this ordinance or a request for a variance.
Area of Shallow Flooding means a designated
AQ, AH, or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent
chance or greater annual chance of flooding to an
average depth of one to three feet where a clearly
defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow
may be evident. Such flooding is characterized by
ponding or sheet flow.
Area of Special Flood Hazard is the land in
the floodplain within a community subject to a one
(1) per cent or greater chance of floading in any
given year. The area may be designated as Zone A
on the Flood Hazard Boundary Map (FHBM). After
detailed ratemaking has been completed in prepara-
tion for publication of the FIRM, Zone A usually
is refined into Zones A, AE, AH, A0, A1-99, V0,
V1-30, VE or V.
Base Flood means the flood having a one (1)
per cent chance of being equalled or exceeded in
anv given year.
Critical Feature means an integral and
readily identifiable part of a flood protection
system, withaut which the flood protection
provided by the entire system would be
compromised.
Development means any man-made change in
improved and unimproved real estate, including but
not limited to buil_dings or other structures,
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mining, dredging, filling, grading, paving,
excavation, or drilling oper.ations.
Elevated Buil_ding means a nonbasement
building (i) built, in the case of a building in
Zones A1-30, AE, A, A99, A0, AH, B, C, X, and D,
ta have the top of the elevated floor, or in the
case of a building in Zones V1-30, VE, or V, to
have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the
ground level by means of pilings, columns (posts
and piers), or shear walls parallel to the floor
of the water and (ii) adequately anchored so as
not to i..mpair the structural integrity of the
building during a flood of up to the magnitude of
the base flood. Tn the case of Zones A1-30, AE,
A, A99, A0, AH, B, C, X, D, "elevated building"
also includes a building elevated by means of filZ
or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of
flood waters. In the case of Zones V1-30, VE, or
V, "elevated building" also includes a building
otherwise meeting the def_inition of "elevated
building", even though the lower area is enclosed
b_y m.eans of breakaway walls if the breakaway walls
met the standards of. Section 60.3(e)(5) of the
National Flood Insurance Program regulations.
Existing Construction means f_or 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 Mobile Home Park or Mobile Home
Subdivision means a parcel (or contiguous parcels)
of_ land divided into two (2) or more mobile home
lots for rent or sale for which the construction
of facilities for servici-ng 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 com-
pleted before the effective date o_f 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 the mobile homes
a.re to be affixed (including the installation of
utilities, either final site grading or the
pouring of concrete pads, or the construction of
streets).
Flood or Floodi_ng means a general and tem-
porary conditior of partial or complete inundation
of normally dry land areas from:
(1) the overflow of inland or tida]_ waters.
(2) the unusual and rapid accumulation or
runoff of surface waters from any
source.
Flood Hazard Boundary Map (FHBM) means an
official map of_ a community, issued by the Federal
Insurance Administration, where the areas within
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the boundaries of special flood hazards have been
designated as Zone A.
Fload Insurance Rate Map (FIRM) means an
official map of a community, on which the Federal
Emergency Management Agency has delineated both
the areas of special flood hazards and the risk
premium zones applicable to the community.
Flood Insurance Study is the official report
provided by the Federal Emergency Management
Agency. The report contains flood profiJes, water
surf_ace elevation of the base flood, as well as
the Flood Boundary-Floodwa;T Map.
Flood Protection System means those physical
structural works .for which funds hatae been
authorized, appropriated, and expended and which
have been constructed specifically to modify
flooding in order to reduce the extent of the
areas within a community subject to a"speczal
flood hazard" and the extent of the depths of
associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reser-
voirs, levees or dikes. These specialized flood
modifying works are those constructed in confor-
mance with sound engineering standards.
Floodway (Regulatory FZoodway) means the
channel af a river or other watPrcourse and the
adjacent land areas thar_ must be reserved in order
to discharge the basP flood without cumulatively
increasing the water surface elPVation more than a
designated height.
Functionally Dependent Use means a use which
cunnot perform its i:ztendPd purpose unless it is
located or carried out in close prox_imity to
water. The term includes onlv dockir.g facilities,
port facilities that are necessary 4or the loading
and unloading of cargo or passengers, and ship
building a.nd ship repair facilities, but daes not
include long-term storage or related manu_facturing
facilities.
Highest Adjacent Grade means the hi.ghest
natural elevation of the ground surface prior to
construction next to the proposed walls of a
structure.
Levee means a man-made structure, usually an
earthen embankment, designed and constructed in
accorda.n.ce with sound engineering practices to
contain, control, or divert the flow of water so
as to provide protection from temporary f_looding.
Levee System means a flood protection system
which consists of a levee, or levees, and
associ_ated 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 encl.osed area (including basement). An
unfinished or flood resistant enclosure, usable
solely for parking or vehicles, building access or
storage in an area ather than a basement area is
not considered a buiZding's lowest floor; provided
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that such enclosure is not built so as to render
the structure in violati_on of the applicable
non-elevation design requirement of Section 60.3
of the National Flood Insurance Program regu-
lations.
Manufactured Home means a structure trans-
portable in one or morP sections, which is built
on a permanent chassis and is designed for use
with or without a permanent foundation when
connected to the required utilities. For flood
plain management purposes the term "manufactured
home" also includes park trailers, travel
trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For
insurance purposes the term "manufactured home"
does not include park trailers, travel trailers,
and other similar vehicles.
Manufactured Home Park or Subdivision means a
parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent
or sale.
Mean Higher High Tide. The mean higher high
tide is the average high tide reached over a
perzod of a lunar cycle, roughly a period of
nineteen (19) years.
Mean Sea Level means, for purposes of the
National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are refer-
enced.
Mobile Home means a structure, transportab?e
in one or more sections, which is built on a
permanent chassis designed to be used with or
without a permanent foundation when connected to
the required utilities. It does not include
recreational vehicles or travel trailers.
New Construction means, for flood plain
management purposes, structures for which the
"start of construction" commenced on or after the
effective date of a flood plain management regu-
lation adopted by a community.
New Mobile Home Park or Mobile Home Sub-
division means a parcel (or contiguous parcels) of
land divided into two (2) 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 utilties, either
final site grading or the pouring of concrete
pads, and the construction of streets) is com-
pleted on or after the effective date of this
ordin.ance.
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, recon-
struction, placement, or other ir_-iprovement was
within 180 days of the permit date. The actual
start means either the first placement of
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permanent construction of a structure on a site,
such as the pouring of slab or footings, the
i_nstallation 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 f_illing; nor does it include
the installation of streets and/or walkways; nor
does it include excavation for basement, footings,
piers or fouridations or the erection of temporary
forms; nor does it includ.e 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.
Structure means a walled and roofed building,
including a gas or liquid storage tank, that is
principally above ground, as well as a man-
ufactured home.
Substantial Improvement means any repair,
reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market
value of the structure either, (1) before the
improvement or repair is started, or (2) if the
structure has been damaged and is being restored,
before the damage occurred. For the purpose of
this definition "substantial improvement" is
considered to occur when the first alteration of
any wall, ceiling, tloor, or other structural part
of the building 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 o£ a
structure to comply with existing state or local
health, sanitary, or safety code specifications
which are solely necessarv to assure safe living
conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places
or a State Inventory of Historic Places.
Texas Open Beaches Act. This statute,
enacted by the Texas Legislature in 1959,
prohibits encroachment by private owners on the
area seaward of the 1_ine of vegetation in areas
fronting on the Gulf of Mexico.
Variance is a grant or relief ta a person
from the requirements of this ordinance when.
specific enforcement would. result in unnecessary
hardship. A variance, therefore, permits con-
struction or development in a manner otherwise
prohibited by this ordinance. (For full require-
ments see Section 60.6 of the National Flood
Insurance Program regulations.) (See Section D of
Article 4.)
Violation means the failure of a structure or
other development to be fu11y compliant with the
community's flood plain management regulations. A
structure or other development without the
elevation certificate, other certif_ications, or
other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
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Water Surface Elevation means the height, in
relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified),
af floods of various magnitudes and frequencies in
the flood plains of coastal or riverine areas."
Section 2. That Article 3, Section A of Appendix
B-1 of the Code of Ordinances of the City of Paris, Paris,
Te::as, be amended so that such shall read as follows:
"ARTICLE 3. GENERAL PP.OVISIONS
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 Paris, Paris, Texas, which includes
its corporate limits and its extraterritorial
jurisdiction which extends 5 miles from its
corporate limits."
Section 3. That Article 4 of Appendix B-1 of the
Code of Ordinances of the City of Paris, Paris, Texas, be
amended so that such shall read as follows:
"ARTICLE 4. ADMINISTRATION
Section A. Designation of Administrator.
The Director of Community Development is
hereby apgointed to administer and implement the
provisioris of this ordinance with the advice of
the City Ezigineer and the City Attorney.
Section B. Duties and Responsibilities of the
Administrator
Duties and responsibilities of the
Administrator shall include, but not be limited
to, the followirig:
(1) Maintain and hold open for public
inspection all records pertaining to the
provisions of this ordinance;
(2) Review permit application to determine
whether proposed building site will be
reasonably safe from flooding;
(3) Review, approve or deny all applications
for development permits required by
adoption of this ordinance;
(4) Review permits for proposed development
to assure that all necessary permits
have been obtained from those Federal,
State or local governmental agencies
(including Section 404 af the Federal
Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334) from which
prior approval is required;
(5) k'here 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 "'ield conditions) the
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Administrator shall make the necessary
interpretation;
(6) Notify, in riverine situations, adjacent
communities and the State of Texas 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 Administrator shall
obtain, review and reasonably utilize
any base flood el_evation data and
floodway data available from a Federal,
State or other source, in order to
administer the provisions of Article 5;
(9) WhPn a regulatory floodway has not been
designated, the 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
anticipat?d development, will not
increase the water surface elevation of
the base flood more than one foot at any
point within the comriunity.
Section C. Permit Procedures.
(a) Application for a Development Permit
shall be presented to the 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 e]_evation of
proposed landscape alterations, eyisting and
proposed structures, 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 anv nonresidential strtzcture
shall be floodproofed;
(3) A certificate from a registered profes-
sional engineer or architect that the
nonresidential floodproofPd structure
shall meet the floodproofing criteria of
Article 5, Section B(b);
(4) Description of the eYtent to which any
watercoursP or natural drainage will be
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altered or relocated as a result of
proposed development;
(5) Maintain a record of aIl such informa-
tion in accordance with Article 4,
Section (B)(1);
(b) Approval or denial of a Development
Permit by the Administrator shall be based on all
of the provisions of this ordinance and the
following relevant factors:
(1) 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 Canger that materials may be swept
onto other lands to the injury of
others;
(4) The compatibility of the proposed use
with existing and anticipated develop-
ment;
(5) The safety of access to the property in
times of flood for ordinary and emer-
gency vehicles;
(6) The costs of providing governmental
services during and after flood con-
ditions 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 flood waters and th.e
effects of wave action, if applicable,
expected at the site;
(8) The necessity to the facility of a
waterfront location, where applicable;
(9) The ava.ilability of alternative
locations, not subject to flooding or
erosion damage, for the proposed use;
(10) The relationship of the proposed use to
the comprehensive plan for that area.
Secti-on D. Variances Procedures
(a) The City Council, as established by the
City of Paris, Paris, Texas, shall hear
and render judgment on requests for
variances from the requirements of this
ordinance;
(b) The Ci.ty Council shall hear ar.d render
judgment on an appeal only when it is
alleged there is an error i.n any
requirement, decision or determination
r_iade by the administrator in the
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enforcement or administration of this
ordinance.
(c) Any person or persons aggrieved by the
decision of the City Council may appeal
such decisions in the courts of
competent jurisdiction;
(d) The Administrator shall maintain a
record of al_1 actions involving an
appeal and shall report variances to the
Federal Insurance Administration upon
rPquest;
(e) Variances may be issued for the recon-
struction, 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;
(f) Variances may be issued for new con-
struction and substantial improvements
to be erected on a lot of one-half. (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 thi.s Article
have been fully considereci. As the lot
size increases beyond the one-half (2)
acre, the technical justification
required for issuing the variance
increases;
(g) Upon consideration of the factors noted
above and the intent of this ordinance,
the City Council may attach such
conditions to the granting of variances
as it deems necessary to further the
purpose and objectives of this ordinance
(Article 1, Section C);
(h) Variances shall not be issued within any
designated floodway if any increase in
flood levels cluring the base flood
discharge would result;
(i) Prerequisites for granting variances:
(1) Variances shall only be issued upon
a determination that the variance
is the minimum necessary, con-
si.dering the ~lood hazard, to
afford relief;
(2) Variances shall only be issued
upon, (i) showing a good and
sufficient cause; (ii) a dPtermina-
tion that failure to grant the
variance would result in excep-
tional hardship to the applicant,
and (iii) a determination that the
granting of a variance will not
result in increased flood heights,
additional threats ta public
safety, extraordinary public
expense, create nuisances, cause
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fraud on or victimization of the
public, or canf_lict with existing
local laws or ordinances;
N
(3) Any application to whom a variance
is granted shall be given written
notice that the structure will be
permitted to be built with the
lowest floor elevation below the
base flood elevation, and that the
cost of flood insurance wi11 be
commensurate with the increased
risk resulting from the reduced
lowest floor elevation.
(j) Variances may be issued by a community
for new construction and substantial
improvements and for other development
necessary for the conduct of a function-
ally dependent use provided that (i) the
criteria outlined in Article 4, Section
D(e)-(i) 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."
Section 4. That Article 5 of Appendix B-1 of the
Code of Ordinances of the City of Paris, Paris, Texas, be
amended so that such shall read as follows:
"AkTICI,E 5. PROZ?ISIONS FOR FLOOD HAZARD REDUCTION
Section A. General Standards.
In all areas of special flood hazards the
following provisions are required for all new
construction and substantial improvements;
(1) All new construction or substantial
improvements shall be designed (or
modified) and adequately anchored to
prevent flotation, collapse or lateral
movement of the structure resuZting from
hvdrodynamic 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 c?amage;
(3) All new construction or substantial
improvements shall be constructed with
materials resistant to fload 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
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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.
Section B. Specific Standards.
In all areas of special f.lood hazards where
base flood elevation data has been provided as sPt
forth in (i) Article 3, Sectian B, (ii) Article 4,
Section B(8), or (zii) Article 5, Section C(4),
the following provisions are required:
(a) Residential Construction: New con-
struction and substantial improvement of
any residential structure shall have the
lowest floor (including basement),
elevated to or above the base flood
elevation. A registered professional
engineer, architect, or land surveyor
shall submit a certif.ication to the
Administrator that the standard of this
subsection as proposed in Article 4,
Section C(a)(3), is satisfied;
(b) Nonresidential Construction: New
construction and substantial improve-
ments of any commercial, industrial or
other nonresidential structure shall
either have the lowest floor (including
basement) elevated to or above the base
flood level or, together with attendant
utilzty 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 thzs 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
Administrator;
(c) Enclosures: New cor_struction and
substantial improvements, with fully
enclosed areas below the lowest floor
that 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
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this requirement must either be
certified by a registered professional
engineer or architect or meet or Pxceed
the following minimum criteria:
(1) A minimum of two openings having a
total net area of not less than one
square inch for every square foot
ot enclosed area subject to
flooding shall be provided;
(2) The bottom of all openings sha11 be
no higher than one foot above
grade;
(3) Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that
they permit the automatic entry and
exit of floodwaters.
(d) Manufactured Homes.
(1) Require that all manufactured homes
to be placed within Zone A, shall
be ir_stalled using methods and
practices which minimize flood
damage. For the purpose of this
requi.rement, 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
£rame tiPS to ground anchors. This
requirement is in addition to
applicable State and l.ocal
anchoring requirements for
resisting wind forces;
(2) All manufactured homes shall be in
compliance with Article 5, Section
B(1);
(3) Require that all manufactured homes
to be placed or substantially
improved within Zones A1-30, AH and
AE on the community's FIRM be
elevated on a permanent foundation
such that the lowest floor of the
manufactured home is at or above
the base flood elevation; and be
securely anchored to an adequately
anchored foundation system in
accordance with the provision of
Section B(4) of this Article.
(e) Mechanical and Utility Equipment:
Electrical, heating, ventilation,
plumbing, and air-conditioning equipment
and other service facilities shall be
designed and/or located so as to prevent
water from entering or accumulating
within the components during conditions
of flooding.
Section C. Standards for Subdivision Proposals.
(1) All subdivision proposals including
manufactured home parks and subdivisions
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shall be consistent with Article 1,
Sections B, C, and D of_ this ordinance;
(2) Al1 proposals for the development of
subdivisions including manufactured home
parks and subdivisions shall meet
Development Permit requirements of
Article 3, Section C; Article 4, Section
C; and the provisions of Article 5 of
this ordinance;
(3) Base flood elevation data shall be
generated for subdivision proposals and
other proposed development including
manufacture_d home parks and subdivisions
which is greater than 50 lots or 5
acres, whichever is lesser, if not
otherwise provided pursuant to Article
3, Section B or Article 4, Section B(8)
of this ordinance;
(4) All subdivision proposals including
manufactured home parks and subdivisions
shall have adequate drainage provided to
reduce exposure to flood hazards;
(5) Al]_ subdivision proposals including
manufactured home parks and subdivisions
shall have public utilities and facil-
ities such as sewer, gas, electrical and
water systems located and constructed to
minimize or eliminate flood damage.
Section D. Standards for Areas of Shallow
Flcoding (AO/AH Zones).
Located within the areas of special flood
hazard established ir. Article 3, Section B, are
areas designated as shallow flooding. These areas
have special flood hazards associated with base
flood depths of 1 to 3 f_eet where a clearly
defined channel does not exist a.nd where the path
of fl.ooding is characterized by ponding or sheet
flow; therefore, the foll_owing provisions applv:
(a) All new construction and substantial
improvements of residential structures
have the lowest floor (including base-
ment) 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);
(b) All new construct.ion and substantial
improvements of nonresidential struc-
tures;
(1) 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 is
specified), or;
(2) together with attendant utility and
sanitary facilities be designed so
that below the base flood level the
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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 buoy°ancy.
(c) A registered professional engineer or
architect shall submit a certification
to the Administrator that the standards
of this Section, as proposed in Article
4, Section C(1)a., are satisfied.
(d) Require within Zones AH or AQ adequate
drainage paths around structures on
slopes, to guide flood waters around and
away from proposed structures.
Section E. Floodways.
Flaodways 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
unless certification by a professional
registered engineer or architect is
provided demonstrating that encroach-
ments shall not result in any increase
in flood levels within the community
during the occurrence of the base flood
discharge;
(2) If Article 5, Section E(1) above is
satisfied, alZ new construction and
substantial improvements shall comply
with all applicable flood hazard
reduction provisions of Article 5."
Section 5. Any person violating any of the
provisions of this ordinance shall be guilty of a Class "C"
Misdemeanor, and up on conviction shall be tined in any sum
not to exceed $1,000.00, and each and every day's
continuance of any violation of the above enumerated section
shall constitute and be deemed a separate offense.
Section 6. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
Section 7. This ordinance shall become effective on
Nlarch 1, 1987.
Passed and adopted this 9th day of February, 1987.
Bi y J urnett, Mayor
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ATTEST:
Mattie Cunningham, Cit lerk
APPROVED AS TO FORM:
/
z
T. K, a,~nes, City Attorney
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