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.
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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
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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
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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,
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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;
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(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;
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(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
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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:
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_ T. K. Haynes, City Attorney
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