Loading...
87-037 ORD PROVIDING APPENDIX B-1 OF CODE OF ORDINACNES BE AMENDED BY REVISING ARTICLE 2 AND ARTICLE 4 OF APPENDIX B-1 OF SAID CODE ORDINANCE N0. 87-037 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, AND ARTICLE 4 OF APPENDIX B-1 OF SAID CODE; PROVIDING FOR CHANGES AS REQUESTED BY THE FEDER.AL EMERGENCY MANAGEMENT AGENCY; PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF August 1, 1987. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Article 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 request 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 A0, 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 flooding 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 any given year. Critical Feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be com- promised. Development means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, gradirig, paving, excavation, or drilling operations. -1- Elevated Building 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, to have the top of the elevate.d 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 impair the structural integrity of the building duririg a flood of up to the magnitude of the base flood. In 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 fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated buildi.ng" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by nieans 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 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." Flood or Flooding means a general and tem- porary condition of partial or complete inundation of normally dry land areas from: (1) the overfl.ow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. F1oodPlain or Flood-Prone Area means any land area susceptible to being inundated by water from any source (see definition of flooding); Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a"special f.lood 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 -2- modifying works are those constructed in confor- mance with sound engineering standards. Flood.way (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 desigxiated height. Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adjacent Grade means the Iiighest 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 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 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 enclosed area (including basement). An unfinished or flood resistant enclosure, usable soleZy for parking or vehicles, buildin:g 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 regu- lations. Manufactured Home means a structure trans- portable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean Higher High Tide. The mean higher high tide is the average high tide reached over a -3- period 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. 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. 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 improvement was within 180 days of the permit date. The actual start means either the first placement of perma- nent construction of a structure on a site, such as the pouring of slab or footings, the installa- tion 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. 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, floor, 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 of a structure to comply with existing state or local health, sanitary, ar safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Texas Open Beaches Act. This statute, enacted by the Texas Legislature in 1959, -4- prohibits encroachment by private owners on the area seaward of the line of vegetation in areas fronting on the Gulf of Mexico. Variance is a grant or relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits con- struction or develapment 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 fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation ur.til such time as that documentation is provided. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas." Section 2. That Article 4, Section A 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. ADriINISTRATION Section A. Designation of Administrator. The Director of Community Development is hereby appointed to administer and implement the provisions of this ordinance and other appropriate Sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management." Section 3. That Article 4, Section B and D, 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. ADMINISTItATION Section B. Duties and Responsibilities of the Administrator Duties and responsibilities of the Adminis- trator sha11 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 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; -5- (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local goverxlmental 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 cor.flict betweEn a mapped boundary and actual field conditions) the Adminis- trator shall make the necessary interpretation; (6) Notify, in riverine situations, adjacent communities and the Texas Water Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the 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; (9) When a regulatory flood way 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 anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section C. Permit Procedures Section D. Variances Procedures (a) The City Council, as established by the City of Paris, Paris, Texas, shall hear and rendPr judgment on requests for variances from the requirements of this ordinance; (b) The City Council shall hear and render judgment on an appeal only when it is alleged there is an error in any require- ment, decision or determination made by the administrator in the enforcement or administration of this ordinance; -6- (c) Any person or persons aggrieved by the decision of the City Council may appeal such decisions in the courts of compe- tent jurisdiction; (d) TYie Administrator shall maintain record of all actions involving appeal and shall report variances to the Federal Emergency Management Agency; (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 tor 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 struc- tures 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 one-half (2) acre, the technical justification required for issuing the variance increases; (g) Upor_ 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 fload levels during 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, consider- ing the flood hazard, to afford relief; (2) Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determina- 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 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 whom a variance is granted shall be given written -7- 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. (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 dependetit use provided that (i) the criteria outlined in Article 4, Section D(e)-(i) are met, and (ii) the struc- ture or other develepment is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety." Section 4. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and up on conviction shall be fined 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 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This ordinance shall become effective on August 1, 1987. Passed and adoptsd this 13th day of July, 1987. de( Bi oe Burnett, Mayor ATTEST: Mattie Cunni'ngham, Ci y C er APPROVED A TO FORM: .7 _ T. K. Haynes, City Attorney -8-