Ord 15-2012 3/20/2012 ORDINANCE NO. 15-2012
Ordinance Amending Sections 54-61 through 54-65 And Section 54-
95 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify
The City's Flood Damage Prevention Provisions, Providing A Penalty
Not To Exceed $2,000 Per Violation, And Providing For Codification
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Sections 54-61 through 54-65
Sections 54-61, 54-62, 54-63, 54-64, and 54-65 of the Code of Ordinances of the
City of Wichita Falls are amended to read as follows:
Sec. 54-61. - Designation of floodplain administrator.
The director of the department of G^mm, pity development public works is appointed the
floodplain administrator to administer and implement this article and other appropriate
sections of 44 CFR (National Flood Insurance Program regulations) pertaining to
floodplain management.
Sec. 54-62. - Duties and responsibilities of 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 this
article.
(2) Review permit applications to determine whether proposed building sites will
be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this article.
(4) Review permits for proposed development to ensure 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 USC 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) Upon reneiyino a renommendation from the direntor of ni blin works Notify, in
riverine situations, adjacent communities and the state coordinating agenciesy,
w Gh is the state depaTtmen+�aatter��ooUrGeS prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(7) Upon cGeiyingareGe endation from the direGtor of p blin werk�, Ensure
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 section 54-31, 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 division 3 of this article.
(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 Al-30 and AE
on the community's flood insurance rate map 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 Al-30, AE, AH on the community's flood insurance rate
map which increases the water surface elevation of the base flood by more than
one foot, provided that the community first applies for a conditional flood
insurance rate map revision through the Federal Emergency Management
Agency.
Sec. 54-63. - Establishment of development permit.
A floodplain development permit shall be required to ensure conformance with this
article.
Sec. 54-64. - Permit procedures.
(a) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him 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; and the location of such in
relation to areas of special flood hazard. Additionally, the following information is
required:
(1) Elevation, in relation to mean sea level, of the lowest floor, including
basement, of all new and substantially improved structures.
(2) Elevation, in relation to mean sea level, to which any nonresidential structure
shall be floodproofed.
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of
subsection 54-92(2).
(4) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
(5) Maintain a record of all such information in accordance with subsection 54-
62(1).
(b) Approval or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the sections of this article 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 danger that materials may be swept onto other lands to the injury of
others.
(4) The compatibility of the proposed use with existing and anticipated
development.
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
(6) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges, and public
utilities and facilities such as sewer, gas, electrical and water systems.
(7) The expected heights, velocity, duration, rate of rise and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the
site.
(8) The necessity to the facility of a waterfront location, where applicable.
(9) The availability 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.
(c) Fees for a floodplain development permit shall be estate as provided by
separate ordinance. ,on article VI Of Ghapter 2 of this Code in the development foe
erdinanGe adopted by the Gity GGunGil, whiGh may from tome to tome adjust and revise the
fees establisher! without amending this article
,
Sec. 54-65. - Variance procedures.
(a) The zoning board of adjustment shall hear and render judgment on requests for
variances from the requirements of this article.
(b) The zoning board of adjustment 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 article.
(c) Any person aggrieved by the decision of the zoning board of adjustment may appeal
such decision in the courts of competent jurisdiction.
(d) The floodplain administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon
request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this article.
(f) Variances may be issued for new construction and substantial improvements to be
erected on a lot one-half 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 subsection (b) of this Section 54-64 have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
(g) Upon consideration of the factors noted in and the intent of this article, the zoning
board of adjustment may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article in section 54-29
(h) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
(j) Prerequisites for granting variances shall be as follows:
(1) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense; create nuisances; cause fraud on or victimization of the
public; or conflict with existing local laws or ordinances.
(3) Any applicant 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 will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
(k) Variances may be issued by the city for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use, provided that the criteria outlined in subsections (a) through (j) of this
section are met and 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.
(1) Each application for a variance shall be accompanied by a variance application fee
as set out in the zoning ordinance in Appendix B to this volume, as amended.
2. Section 54-95
Section 54-95 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Sec. 54-95. - Floodways.
Located within areas of special flood hazard established in section 54-31 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the
following 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 encroachments
shall not result in any increase in flood levels within the community during the
occurrence of the base flood discharge. This section shall not apply to the
placement of manufactured homes in existing manufactured homes parks or
subdivisions.
(2) If subsection (1) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
sections of this division.
(3) Under the provisions of 44 CFR chapter 1, section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies fnraGenditinnal flood
inspranGe rate map and flnnrlway revision through the Coral EmergepGy
Management °non^". completes all provisions required by Section 65.12. All
information required to comply with Section 65.12 shall be provided to the
community by a professional engineer on behalf of the party requesting the
encroachment into the floodway.
3. Penalty
This ordinance regulates fire safety and public health and sanitation, and shall be
punishable by a penalty of up to $2,000 per violation and as provided by Section 1-14 of
the Wichita Falls Code of Ordinances.
4. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 20th day of March, 2012.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #277913
ORDINANCE COUNTY OF WICHITA
NO.15-2012
Ordinance Amending
Sections 54-61
through 54-65 And
Section 54-95 Of The
Cade Of Ordinances On this 26t" day of March 2012 A D...
Of The City Of Wichi-
ta Falls T Modify
The Citv's Flood personally appeared before me,the undersigned authority
Damage Prevention
Provisions, Providing Kathy Salan, Sales Assistant for the Times Publishing
Penalty Not To Ex-
ceed $2,000 Per Viola-
Company of Wichita Falls, publishers of the Wichita Falls
tion, And Providing
For Codification Times/Record News, a newspaper published at Wichita Falls in
Wichita County,Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
March 25, 2012
Sales Assistant for Times Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
OSI�Y pg`
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t'.12-2012