Ord 21-90 4/3/1990 Ordinance No. 21-90
ORDINANCE AMENDING PORTIONS OF CHAPTER 152 FLOOD DAMAGE
PREVENTION, WICHITA FALLS CODE OF ORDINANCES, TO AMEND AND
ADD CERTAIN DEFINITIONS, AMEND VARIANCES FOR HISTORIC
STRUCTURES, AMEND STANDARDS FOR ENCLOSURES, AND
MANUFACTURED HOMES, ESTABLISH STANDARDS FOR RECREATIONAL
VEHICLES, AND AMEND FLOODWAY REGULATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 152-16 of the Wichita Falls Code of
Ordinances is hereby amended as follows (Note: New language is
shown as underlined and deleted language is shown as
etrikethreugh) :
A. By adding alphabetically the definition of
"Basement" to read as follows:
"BASEMENT - means any area of the building having its floor
subgrade (below ground level) on all sides. "
B. By amending the definition of "Development" to read
as follows:
"DEVELOPMENT - means any man-made change in 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. "
C. By adding alphabetically the definition of
"Floodplain Management" to read as follows:
"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. "
D. By adding alphabetically the definition of
"Floodplain Management Regulations" to read as follows:
"FLOODPLAIN 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. "
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E. By amending the definition of"Flood Proofing" to
read as follows:
uFLGGBPRGGPEN6--is--a--eembinatien--ef--struetural--ehanges
andter--edjiisttlerits---i-nee poreAed--41---IM/e•--elesigrr--endter
eenstruetien---ate--alteratierr--ef--i --hu4Idings;
struetures-and-properties-subieet-te-Heading-prmariip-far
the-reduetien-ef-elimination-ef-fieed-damages-
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. "
F. By adding alphabetically a definition of "Historic
Structure" to read as follows:
"HISTORIC STRUCTURE - means any structure that is:
(a) 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;.
jb) 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;
(c) 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
(d) Individually listed on a local inventory of
historic places in communities with historic preservation
programs that have been certified either:
(1) By an approved state program as determined by
the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior in
states without approved programs. "
G. By amending the definition of "Manufactured Home"
to read as follows:
uMANHFASTHREB-HGME---means-a-strueture-transportable-in-one
er-mare-seetiens;-whieh-is-built-en-a-permanent-ehassis-and
is-designed-for-time-i kA--tsr--t�rthout--a-permanent-feundatien
When-eenneeted-to- peeltrireed- r�itre9----Far-f seed-p+aim
-3-
management--pttrpese&r-- e-- rt•- 'iymmtrfeeheme11--aase
ne+tides-park-trrel44-e ;- -Et-rlei-s-,--errnl--ether-s iar
veh a+es-plaeed--e r-a--s -fro -ear titan-18.9-eenseeutIve
days---Fee-= pttrpeses.-the-4mnnir n aeti±a&-hemeu
deer-net-i3tzde- 4Tt- r,--trrarrs•,--and-ether
simi+er- a i-e-es--Err-th+s-erdAnanee-tote-term-manufaetured
heme-sha}}-a}se-+ne+ude-mehi+e-heme-
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
which connected to the required utilities. The term
"manufactured home" does not include a "recreational
vehicle", but includes a "mobile home" . "
H. By adding alphabetically the definition of
"Manufactured Home Park or Subdivision" to read as follows:
"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. "
I. By amending the definition of "New Construction" to
read as follows:
u NEW--eGNSPRUePION-----�nea -,---for--4 ood--Trash--ftrar►alemest
purpeses;-struetures-4e ri r-f•Yre-- tent•-ef-eenstruet+enu
eemmeneed-en--o -*-the-effective-date- -a--fkoed-p+aim
management-regu+atien-adapted-by-a-eemmumity-
NEW CONSTRUCTION - means, for the purposes 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. "
J. By adding alphabetically the definition of "New
Manufactured Home Park or Subdivision" to read as follows:
"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. "
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K. By adding alphabetically the definition of
"Recreational Vehicle" to read as follows:
"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. "
L. By amending the definition of "Start of
Construction" to read as follows:
"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,
footing, 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. "
M. By adding, alphabetically, a definition of
"Substantial Damage" to read as follows:
"SUBSTANTIAL DAMAGE - means damage of any origin sustained
by a structure whereby the cost of restoring the structure
to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the
damage occurred. "
N. By amending the definition of "Substantial
Improvement" to read as follows:
°SUBSTANTIAL----EMPR$VBMENT means----any----repair;
reeenstrttetien7-er-3 eme t-ef--a- y •p-r Yie-eeet-e€
which--eg3xtrl�-er- teeeelg-SAkt--cr--the--mm4eet--value--af--the
-5-
strueture-e4th ;-- -before-the-3 we errt-or- r- s
started;-err--(-2-)--if-tAe- m *re--rag-been-rtemeged--imncd-is
being--resbered--befe ere- the-fie---oecunree :----Far--the
purpose- -trri-s--def414tien--mEm13mt *T=i-er1---i ru--is
eensidered-te-eeeu-r-wheir--the--E-i-rst--rltcratiew-of--any-we}}7
oohing;-4-i ,-ter-ether--st7r? -pert-e4- Y -ba lding
eemmenees;--whet her--er-Itet--ttrat - teTet3errr--a€feats--the
externa+-dametts3ena- -tyre -shructure---111re- tr ova-net;
however;-inelude-eathe -(37)--ally--prowje -far-improvement-ef
a-strueture-to--efwrp3 -i-th--e-i -J ng--& be--er-3eeai-health;
sanitary;--et -safety-fie--spear i i rr-wh3eh--ere--se+eiy
neeesserp-- o--essurz--safe- i g--eend4tiens;--e.r--(-9--and*
alteration-e4--e--su t ra-listed-e,mr-the.--Nertieser1--Register
ef-Histerie-Plaees-er-e-State-inventerp-ef-Histerie-Piaees-
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 the "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 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. "
SECTION 2 . Section 151/2-45 of the Wichita Falls Code of
Ordinances is hereby amended to add subsection (10) as follows
(Note: New language is shown as underlined and deleted language
is shown as strikethreugh) :
" (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 one foot,
provided that the community first applies for a conditional FIRM
revision through FEMA. "
SECTION 3. Section 151/2-47 of the Wichita Falls Code of
Ordinances is hereby amended to renumber subsections (9) thru
(11) as subsections (10) thru (12) and to add a new subsection
(9) to read as follows (Note: New language is shown as
underlined and deleted language is shown as strikethreugh) :
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" (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 continued designation as a
historic structure and the variance is the minimum
necessary to preserve the historic character and design of
the structure. "
SECTION 4. Section 152-60 (3) of the Wichita Falls Code of
Ordinances is hereby amended to read as follows (Note: New
language is shown as underlined and deleted language is shown as
str kethreug1 ) :
" (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 o
r storage in an area other than a basement
g 9
and which 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 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 having a total net area
of not less than one 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
one 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. "
SECTION 5. Section 152-60(4) of the Wichita Falls Code of
Ordinances is hereby amended to read as follows (Note: New
language is shown as underlined and deleted language is shown as
strikethreugh) :
"4) Manufactured Homes -
a. Require that all manufactured homes to be placed
within Zone A on a community's FIRM, shall be installed
using methods and practices which minimize flood damage.
For the purpose of this requirement, manufactured homes
must be elevated es- eeltri.r -by--Sef ribrr-&(-4 -f,a)--o€-ors
Artiele; 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.
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' -
b---rll•-ina itetd- -hemee--khe -are--reci±rre&-ter-be
elevated--b�--Seer--E+rEe-r- --t�ri --�rrt3�3�-si�a�3--be--gin
eempiianee-Wth-Artieie-57-Seetien-B{1}7
b. Require that manufactured homes that are placed or
substantially improved within Zones Al-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 or above the base flood elevation and be
securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
e---Requ re--that--$-l-l--ma illaet ed--hemee-te--be--pi-ac -er
substantially-- ipt d---mi+i.th-k t-$ewes--A4=3O-,--AH--t -en
the-eemmurAt 4s-f'3i- - t-eml--(mt -permanent-feundation
sueh-that-t-he-rt -mot -Hear-ef-the-jimmuf-eketured--Some--i&-at
er-above-the-base-fleed-elevatien;-and-be-seeurely-anehered
te-tafr-ac egtr 4 e-ly--aneherec&-feuadat4en--F.Tste i-i t-aeeerdanee
Wth-the-p rev4 s4.4iae--ed--&e'et--on- B-(-4-)--(Mf- 'tip Ar3-eler--Phis
paragraph--enm km=--te- -homes-4N)--be--p-lac. -er
substant}ally-- mpremed--iir--ffir-mssirrrr--to--an--existing
manufaetnred-home-park-er-subdvisien---This-paragraph-does
net---app y---te-- --homes---trcr--be--p-lace.---er
substent el+y-i roved---irrr-an- ti-st-ilm - r€ tired--home
reeenstruetien---o-r--improvement--o€-the- ! -s-,--tit +hies
and-}gads--eque irs- xeeeds--Se-pereent--e4-ire--ve-lue--et-the
streets;---tzt44A ties----a x}---pore s----be 0
reeenstruetien-er- mprevement-has-eemmeneed-
c. Require that manufactured homes be placed or
substantially improved on sites in an existing manufactured
home park or subdivision within Zones Al-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 or above the base flood elevation, or
(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.
SECTION 6. Section 152-60 of the Wichita Falls Code of
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Ordinances is hereby amended to add subsection (5) to read as
follows (Note: New language is shown as underlined and deleted
language is shown as strikethreugk) :
" (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, (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. "
SECTION 7. Section 151/2-63 of the Wichita Falls Code of
Ordinances is hereby amended to add subsection (3) to read as
follows (Note: New language is shown as underlined and deleted
language is shown as strikethreugh) :
" (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 for a conditional FIRM and floodway revision
through FEMA. "
PASSED AND APPROVED THIS THE 3rd day of April, 1990.
M A Y O '
ATTEST:
CITY CLERK
Ad 363416
Affidavit of Publication
ORDINANCE NO.20-90
ORDINANCE WAIVING SEC-
TION 25-69 OF THE CODE OF THE STATE OF TEXAS
ORDINANCES TO ALLOW THE
OPERATION OF A TRANSIENT COUNTY OF WICHITA
SHOW AT THE NOTRE DAME
HIGH SCHOOL 14TH ANNUAL
I SPRING FESTIVAL ON MAY 4-6, ie�e)
1990,AND AUTHORIZING TEM- 17th May
PORARY ON-PREMISE SALE OF
WINE AND BEER PURSUANT TO On this day of
SECTION 5420(5)OF THE ZON-
ING ORDINANCE. 1990
ORDINANCE NO.21-90
I ORDINANCE AMENDING POR- A.D. personally appeared before me, the undersigned authority
TIONS OF CHAPTER 1516 FLOOD Da)'1 C 2 Ming
DAMAGE PREVENTION,
WICHITA FALLS CODE OF ORDI- bookkeeper
NANCES,TO AMEND AND ADD
CERTAIN DEFINITIONS, AMEND for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
VARIANCES FOR HISTORIC
STRUCTURES, AMEND STAN- Times/Record News, a newspaper ublished at Wichita Falls in Wichita County,
FOR ENCLOSURES, AND published y,
MANUFACTURED HOMES, ES-
TABUSH STANDARDS FOR REC- Texas, and upon being duly sworn by me, on oath states that the attached
REATIONAL VEHICLES, AND
AMEND FLOODWAY REGU- advertisement is a true and correct copy of advertising published
LATIONS. one (1)
ORDINANCE N0.22-90 in issues thereof on the following dates:
AN ORDINANCE AMENDING A g
PORTION OF CHAPTER 30
MOBILE HOMES,MOBILE HOME May 14, 1990
PARKS, AND MOBILE HOME
SUBDIVISIONS, WICHITA FALLS
CODE OF ORDINANCES, TO E
AMEND THE REGULATIONS FOR
TRAVEL TRAILERS AND REC- � '� �
. REATIONAL VEHICLES.
ORDINANCE NO.23-90
ORDINANCE WAIVING Bookkeeper for Times Publishing Company
SECTION 22-1(A)(2)AND
22-1(A)(9)OF THE CODE OF of Wichita Falls
ORDINANCES TO PERMIT
DRIVING ON THE GRASS AND
THE PARK ONJU JULY 19 ;EAL) Subscribed and sworn to before me this the day and year first above written.
JAYCEE PARK ON JULY 3,1990..
ORDINANCE NO.24-90
ORDINANCE WAIVING SEC-
TION 22-1(A)(9),SECTION 22-3 _.-
AND SECTION 22-4 OF THE��� �"`` •''1`°'
CODE OF ORDINANCES TO PER-
MIT THE POSTING OF SIGNS,
OVERNIGHT CAMPING, AND
SALE AND CONSUMPTION OF
BEER FOR AN ARTS EVENT IN -
HAMILTON PARK'ON MAY
11-12, 1990.
ORDINANCE NO.25-90
ORDINANCE MAKING AN AP-
PROPRIATION IN THE GENERAL
FUND FROM ADDITIONAL
GRANT REVENUE RECEIVED
FROM THE TEXAS DEPARTMENT
OF HEALTH.
ORDINANCE NO.26-90
ORDINANCE WAIVING SEC-
TION 22-1(A)(2)AND SECTION
22-1(A)(9) OF THE CODE OF
ORDINANCES TO PERMIT THE
DRIVING UPON THE GRASS
AND THE POSTING OF SIGNS
FOR AN EVENT ON MAY 20,
1990,IN JAYCEE PARK.
ORDINANCE NO.27-90
ORDINANCE AMENDING CER-
TAIN SECTIONS OF APPENDIX
C, CODE OF ORDINANCES
(ZONING ORDINANCE),
WICHITA FALLS,TEXAS.
ORDINANCE NO.28-90
ORDINANCE WAIVING APPEN-
DIX A, SUBDIVISIONS SECTION
9(B)(2)(a)OF THE CODE OF OR-
DINANCES WITH RESPECT TO
PLACING CURB AND GUTTER
ON REILLY ROAD,LOT'',CANTU
.-_ SUBDIVISIONM.
ORDINANCE NO.29-90 , •
ORDINANCE WAIVING SEC-
TION 22-1(A)(9)OF THE CODE
OF ORDINANCES TO PERMIT
THE POSTING OF SIGNS ON
MAY 12, 1990,IN LUCY PARK. •
11-015-4170 - .
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