Ord 017-87 3/5/1987 .
ORDINANCE NO. /747
A FLOOD HAZARD PREVENTION ORDINANCE, PROVIDING FOR FLOOD PLAIN
DEVELOPMENT PERMITS, PROVIDING FOR STANDARDS FOR CONSTRUCTION AND
DEVELOPMENT TO REDUCE FLOOD HAZARDS, PROVIDING FOR VARIANCES, AND
PROVIDING PENAL PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Chapter 152 of the Wichita Falls Code of Ordinances is hereby
amended to read as follows:
"FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Sec.16. 311 et seq. ,
Texas Water Code delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses.
Therefore, the City Council of the City of Wichita Falls, Texas,
does ordain as follows:
SECTION B. FINDINGS OF FACT
1. The flood hazard areas of Wichita Falls, Texas are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public
health, safety and general welfare.
2. These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood
heights and velocities, and by the occupancy of flood hazard areas
by uses vulnerable to floods and hazardous to other lands because
they ares inadequately elevated, floodproofed, or otherwise
protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
1. Protect human life and health;
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2. Minimize expenditure of public money for costly flood
control projects;
3. Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound
use and development of flood-prone areas in such a manner as to
minimize future flood blight areas; and
7. Insure that potential buyers are notified that property is
in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the
following methods:
1) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive increases
in flood heights or velocities;
2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
3) Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are involved in
the accommodation of flood waters;
4) Control filling, grading, dredging and other development
which may increase flood damage;
5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards to other lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted to given them the meaning they have
in common usage and to give this ordinance its most reasonable
application.
APPEAL - means a request for a review of the Flood Plain
Administrator' s interpretation of any provision of this ordinance
or a request for a variance.
means a designated AO, AH
AREA OF SHALLOW FLOODING mea ,g AH, or VO zone of
the City' 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
the City subject to a one percent 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 rate-making has been
completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE
or V.
BASE FLOOD - means the flooding having a one percent 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 compromised.
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.
ELEVATED BUILDING - means a nonbasement building (i) built, in the
case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and
D, to have to 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 impair the structural integrity of the
building during a flood of up to the magnitude of the base flood.
In the case of Zones Al-30, AE, A, A99, AO, 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.
EXISTING CONSTRUCTION - means for the purposes of determining
rates, structures for which the "start of construction" commenced
before the effective date of the FIRM, i.e. October 16, 1979.
"Existing construction" may also be referred to as "existing
structures" .
FLOOD OR FLOODING - means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
1) the overflow 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 the
City, 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.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of
flooding) .
FLOOD PROOFING - is a combination of structural changes and/or
adjustments incorporated in the design and/or construction and
alterations of individual buildings, structures or properties
subject to flooding primarily for the reduction or elimination of
flood damages.
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 flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane
tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in
conformance with sound engineering standards.
FLOODWAY (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 designated
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 highest 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.
flood protection system which consists of a
LEVEE SYSTEM means a f p y
levee, or levees, and associated 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 solely for parking of vehicles, building 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 or Section 60. 3 of the National Flood
Insurance Program regulations.
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 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. In this ordinance the term "manufactured home"
shall also include mobile home.
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 referenced.
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 regulation
adopted by a community.
START OF CONSTRUCTION - ( for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
(Pub.L. 97-340) ) , includes substantial improvement, and means the
din permit was issued, provided the actual start of
date the building p P
construction, repair, reconstruction, 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, 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
manufactured 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, or 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.
VARIANCE - is a grant of relief to a person from the requirements
of this ordinances when specific enforcement would result in
unnecessary hardship. A variance, therefore, permits construction
or development in a manner otherwise prohibited by this ordinance.
(For full requirements see Section 60.6 of the National Flood
Insurance Program regulations. )
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) of such regulations is presumed to be in
violation until 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.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard
within the jurisdiction of Wichita Falls, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled, "The Flood Insurance Study for the City of Wichita Falls,
Texas," dated April 1979, with accompanying Flood Insurance rate
Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to
be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have
its use changed without full compliance with the terms of this
ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be: ( 1) considered as minimum requirements; ( 2)
liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under State
statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes, and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This ordinance does not
imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of
the community or any official or employee thereof for any flood
damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director of Planning is hereby appointed the Floodplain
Administrator 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 B. DUTIES & RESPONSIBILITIES OF THE FLOOD PLAIN
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 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 Sec. 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 conflict between a mapped boundary and
actual field conditions) the Floodplain Administrator shall make
the necessary interpretation.
6) Upon receiving a recommendation from the Director of Public
Works notify, in riverine situations, adjacent communities and the
State Coordinating Agency which is the Texas Department of Water
Resources, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency.
7) Upon receiving a recommendation from the Director of Public
Works 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 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 the provisions of Article 5.
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
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
( 1) Application for a Floodplain Development Permit shall be
presented to the Floodplain 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 elevation of
proposed landscape alterations, existing and proposed structures,
and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
a. Elevation ( in relation to mean sea level) , of the lowest
floor (including basement) of all new and substantially improved
structures;
b. Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall meet
the floodproofing criteria of Article 5, Section B( 2) ;
d. Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a result of
proposed development.
e. Maintain a record of all such information in accordance
with Article 4, Section (B) ( 1) .
( 2) Approval or denial of a Floodplain Development Permit by the
Floodplain Administrator shall be based on all of the provisions of
this ordinance and the following relevant factors:
a. The danger to life and property due to flooding or erosion
damage;
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b. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the
individual owner;
c. The danger that materials may be swept onto other lands to
the injury of others;
d. The compatibility of the proposed use with existing and
anticipated development;
e. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
f. 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;
g. The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location,
where applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j . The relationship of the proposed use to the comprehensive
plan for that area.
( 3) Each application for a Floodplain Development Permit shall be
accompanied by a fee of twenty-five dollars ( $25 .00) . Such fee
shall be required whether or not the application is approved.
Additionally, fees for flood plain certification letters shall be
twenty-five dollars ( $25.00) .
SECTION D. VARIANCE PROCEDURES
( 1) The Zoning Board of Adjustment shall hear and render judgment
on requests for variances from the requirements of this ordinance.
( 2) 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
ordinance.
( 3 ) Any person or persons aggrieved by the decision of the Zoning
Board of Adjustment may appeal such decision in the courts of
competent jurisdiction.
(4) 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.
( 5) 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
ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot one 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 Section C( 2) of this Article have been fully considered.
As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of
this ordinance, 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 ordinance (Article 1,
Section C) .
( 8) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
(9) Prerequisites for granting variances: ,
a. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood
hazard, to afford relief.
b. Variances shall only be issued upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the
variance would result in exceptional 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.
c. 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 will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation.
( 10) 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 (i) the
criteria outlined in Article 4, Section D( 1) -(9) 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.
11 Each application for a variance shall be accompanied by a
( ) PP P Y
variance application fee as set out in the Zoning Ordinance, as
amended.
SECTION E. PENAL PROVISIONS
If any individual (including any officer, agent or employee acting
in behalf of any individual, firm, association or corporation)
violates any provision of this ordinance within the corporate
limits of the City of Wichita Falls, Texas, he shall be guilty of a
misdemeanor, and, upon conviction of such violation in the
municipal court of the City of Wichita Falls, Texas, he shall be
fined an amount not less than forty dollars ( $40. 00) and no more
than two hundred dollars ( $200. 00) . Each day that such violation
continues shall be a separate offense. Prosecution or conviction
under this provision shall never be a bar to any other remedy or
relief for violations of this chapter.
ARTICLE 5
PROVISIONS 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 resulting
from hydrodynamic 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 damage;
3) All new construction or substantial improvements shall be
constructed with materials resistant to flood 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 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 flood hazards where base flood elevation
data has been provided as set forth in ( i) Article 3 , Section B,
(ii) Article 4, Section B( 8) , or (iii) Article 5, Section C( 4) , the
following provisions are required:
1) Residential Construction - new construction 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 certification to the Floodplain
Administrator that the standard of this subsection as proposed in
Article 4, Section C( 1)a. , is satisfied.
2) Nonresidential Construction - new construction and
substantial improvements 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 utility 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 this 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 Floodplain Administrator.
3) Enclosures - new construction 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 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.
4) Manufactured Homes -
a. Require that all manufactured homes to be placed
• within Zone A, shall be installed using methods and practices which
minimize flood damage. For the purpose of this requirement,
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 frame ties
to ground anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting wind forces.
b. All manufactured homes shall be in compliance with
Article 5, Section B( 1) .
c. Require that all manufactured homes to be placed or
substantially improved within Zones Al-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.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
1) All subdivision proposals including manufactured home parks
and subdivisions shall be consistent with Article 1, Sections B, C,
and D of this ordinance.
2) All 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
manufactured 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 ar 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) All subdivision proposals including manufactured home parks
and subdivisions shall have public utilities and facilities such as
L
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in
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 feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
1) All new construction and substantial improvements of
residential structures 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 number is specified) .
2) All new construction and substantial improvements of
nonresidential structures:
a. Have the lowest floor (including basement) elevated
above th 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) , or;
b. Together with attendant utility 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 of
effects of buoyancy.
3) A registered professional engineer or architect shall
submit a certification to the Floodplain Administrator that the
standards of this Section, as proposed in Article 4, Section
C( 1)a. , are satisfied.
4) Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around and away
from proposed structures.
SECTION E. FLOODWAYS
Floodways - 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 are 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
1 - _
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.
2) If Article 5, Section E( 1) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 5 ."
If any part of this ordinance should be held to be invalid, such
invalidity shall not effect the validity of the remaining parts of
the ordinance.
Because of the fact that federal regulations require that this
ordinance be effective by April 1, 1987, this ordinance is declared
to be an emergency measure, and it shall become effective April 1,
1987 .
PASSED AND APPROVED THIS THE 5th day •-f M.rch, 1987 .
Al'
M A Y O R AtikAJAz
ATTEST:
-1.1-247z.44 4‹..fi142Z-ti--9
CITY CLERK
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C AA/ 20 104 9
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ORDINANCE NO. 13-87 Affidavit to Publication
AN ORDINANCE AMENDING
SECTION 1204.2(a)(2) OF THE
PLUMBING CODE CONCERNING
} TESTING OF BACKFLOW •e THE STATE OF TEXAS
( t e PREVENTION DEVICES )
ORDINANCE NO.14-87 COUNTY OF WICHITA
AN ORDINANCE CLOSING, VA-
CATING, AND ABANDONING A
FIVE (5) FEET WIDE RIGHT-OF-
WAY STRIP OF P.B. LANE, 26th March
WICHITA FALLS, TEXAS On this day of
ORDINANCE NO.15-87 1 9 8 7
AN ORDINANCE AMENDING A.D personally appeared before me, the undersigned authority
SECTION 29-91 OF THE CODE
OF ORDINANCES OF THE CITY Dar ice U U. Ming OF WICHITA FALLS, TEXAS BY bookkeeper
CORRECTING SUBPARAGRAPHS
(Q) AND (AR), WHICH ESTAB- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
LISHES PRIMA FACIA MAXIMUM
SPEED LIMITS ON CERTAIN
STREETS Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and
ORDINANCE NO.16-87
AN ORDINANCE WAIVING THE upon being duly sworn by me, on oath states that the attached, advertisement is a
REQUIREMENT FOR THE IN-
STALLATION OF IMPROVE- true and correct copy of advertising published in
MENTS ON NUNN STREET AD-
JACENT TO LOTS 2 THROUGH 6, issues thereof on the following dates:
BLOCK 4, PARK VILLAGE AD-
DITION UNDER SECTION 7 OF •
ORDINANCE 2118 March 20, 1987
ORDINANCE 17-87
A FLOOD HAZARD PREVENTION
ORDINANCE, PROVIDING FOR
FLOOD PLAIN DEVELOPMENT
PERMITS, PROVIDING FOR.
STANDARDS FOR CONSTRUC-
TION Bookkeeper for Times Publishin g Company
C
AND DEVELOPMENT TO p p y
REDUCE FLOOD HAZARDS,
PROVIDING FOR VARIANCES, of Wichita Falls
AND PROVIDING PENAL
PROVISIONS
($EAL) Subscribed and sworn to before me this the day and year first above written.
4 o s.NORINE LEWIS
z. :•ti=
_Notary Public, Texas
...+.-...A'!y Commission Expires
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