Ord 3282 1/17/1978 R ti
FLOOD HAZARD PREVEHTI ON ORDI A`TCE
ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND OBJECTIVES 1
Section 1.1 Statutory Authorization 1
Section 1.2 Findings Of Fact 1
Section 1.3 Statement Of Purpose 1
Section 1.4 Objectives 2
ARTICLE 2 DEFINITIONS 2
ARTICLE 3
TICLE GENERAL PROVISIONS
5
Section 3. 1 Lands To Which This Ordinance Applies 5
Section 3.2 Basis For Establishing The Areas Of Special Flood
Hazard 5
Section 3.3 Establishment Of Development Permit 5
Section 3.4 Compliance 5
Section 3.5 Abrogation And Greater Restrictions
g 5
Section 3.6 Interpretation 5
Section 3.7 Warning And Disclaimer Of Liability 6
ARTICLE 4 ADMINISTRATION 6
Section 4.1 Designation Of Local Administrator 6
Section 4.2 Duties And Responsibilities 6
Section 4.3 Permit Procedures 7
Section 4.4 Fees 8
Section 4.5 Variances Procedures 8
Section 4.6 Penal Provisions 9'
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 10
Section 5. 1 General Standards 10
Section 5.2 Specific Standards for all zones except AO Zones. . . 10
a. Outside of Floodways 10
b. Within Floodways 12
Section 5.3 Standards For Areas of Shallow Flooding (AO Zones) 12
Section 5.4 Standards For Subdivision Proposals 13
• ORDINANCE NO, J1)
A FLOOD HAZARD PREVENTION ORDINANCE, PROVIDTNG 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 BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
SECTION 1.1 STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Article
8280 - 13 V. T. C. S. delegated the responsibility to local
governmental units to adopt regulations designed to minimize
flood losses. Therefore, the Board of Aldermen of Wichita
Falls, Texas does ordain as follows:
SECTION 1.2 FINDINGS OF FACT
a. The flood hazard areas of Wichita Falls 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.
b. These flood losses are created by the cumulative
effect of obstructions in flood plains 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 are
inadequately elevated, floodproofed, or otherwise
protected from flood damage.
SECTION 1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public harm and
private losses in special flood hazard areas with provisions
designed to:
a. 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;
b. Require that uses vulnerable to floods, including
public facilities which serve such uses, be protected
against flood damage at the time of initial construction;
c. Control, in the sense of providing authoritative
guidance, the alteration of natural flood plains, their
protective barriers and stream channels;
d. Prevent the construction of barriers which will
divert flood waters and subject other lands to greater
flood hazards;
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e. Control, in the sense of authoritative guidance,
development which would cause greater erosion or
protential flood damage such as grading, dredging and
excavation.
SECTION 1.4 OBJECTIVES
The objectives of this ordinance are:
a. To protect human life and property exposed to
the hazards of flooding;
b. To ensure that potential property owners are
notified if property is in a special flood hazard area;
c. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and
utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in special
flood hazard areas;
f. To minimize expenditure of future public money for
costly flood control projects.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted to give them the meaning
they have in common usage and to give this ordinance its most
reasonable application.
AO ZONE--is a Special Flood Hazard area inundated by types of
shallow flooding where depths are between 1.0 and 3.0 feet deep,
and the product of the depth (in feet) and velocity (in feet per
second) is less than 15; no based flood elevations shown or Flood
Hazard Factors determined.
APPEAL--means a request for a review of an interpretation by .
the Director of Planning of any provision of this ordinance
or a request for a variance.
AREA OF SHALLOW FLOODING--means a designated AO Zone on the
community's Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet. This condition occurs where
a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD--is the land in the flood plain
within the community subject to a one percent or greater
chance of flooding in any given year.
BASE FLOOD--means the flood having a one percent chance of
being equalled or exceeded in any given year.
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DEVELOPMENT--means any man-made change to improved or
unimproved real estate, including but not limited to,
buildings or other structures, mining, dredging, filing,
grading, paving, excavation or drilling operations.
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION--means
a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of
streets) is completed before the effective date of the
ordinance.
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME
SUBDIVISION--means the preparation of additional sites by
the construction of facilities for servicing the lots on
which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or
the pouring of concrete pads, or the construction of streets) .
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 HAZARD BOUNDARY MAP (FHBM)--means an official map of the
community, issued by the Federal Insurance Administration,
where the areas within the boundaries of special flood
hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM)--means an official map of the
community, on which the Federal Insurance Administration
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 Insurance Administration. The report contains
flood profiles, the water surface elevation of the base
flood, as well as the Flood Hazard Boundary--Floodwiy 'lap.
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.
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 one foot.
HABITABLE FLOOR--means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. A floor used for
storage purposes only is not a "habitable floor".
MEAN SEA LEVEL--means the average height of the sea for all
stages of the tide.
MOBILE HOME--means a structure, transportable in one or
more sections, which is built on a permanent chassis and
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designed to be used with or without a permanent foundation
when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISTON--means a
parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of the
ordinance.
START OF CONSTRUCTION--means the first placement of permanent
construction of a structure (other than a mobile home) on a
site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. 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 a 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 as part of the main structure. For a
structure (other than a mobile home) without a basement or
poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision,
"start of construction" means the affixing of the mobile home
to its permanent site. For mobile homes within mobile home
parks or mobile home subdivisions, "start of construction"
is the date on which the construction of facilities for
servicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads,
and installation of utilities) is completed.
STRUCTURE--means a walled and roofed building that is
principally above ground, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT--means any repair, reconstruction,
or improvement of a structure, the cost of which equals
or exceeds 50 percent 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 purposes 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.
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VARIANCE--is a grant of relief to a person from the requirements of
this ordinance when specific enforcement would result in unnecessary
hardship which would, in effect, deprive an individual of the reason-
able use of his land. Further, the variance must be necessary for
the preservation and enjoyment of a substantial property right, and
the granting of the variance will not be detrimental to the public
health, safety or welfare or injurious to other property in the area.
Pecuniary hardship, standing alone, shall not be deemed to constitute
undue hardship. A variance, therefore, peLmits construction or devel-
opment in a manner otherwise prohibited by this ordinance.
ARTICLE 3
GENERAL PROVISIONS
SECTION 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of Wichita Falls, Texas.
SECTION 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
a. The areas of special flood hazard identified by the
Federal Insurance Administration on its Flood Hazard
Boundary Map (FHBM) , Community No. 480662A, dated June 28,
1974, and any revisions thereto are hereby adopted by
reference and declared to be part of this ordinance.
b. The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study"
(Initial Draft) for the City of Wichita Falls, Wichita
County, Texas, dated March, 1977, with accompanying Flood
Insurance Rate Maps (Initial Draft) and a Flood Hazard
Boundary - Floodway Maps (Initial Draft) and any revisions
thereto shall be utilized to provide base flood elevation
data until such time as they are published in final form.
SECTION 3.3 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Flood Plain Development Permit shall be required before construc-
tion or other development is commenced on any land located in an area
of special flood hazard to ensure conformance with the provisions of
this ordinance.
SECTION 3.4 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 3.5 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 3.6 INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be:
a. Considered as minimum requirements
b. Liberally constructed in favor of the governing body
c. Deemed neither to limit nor repeal any other powers
granted under State statutes.
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SECTION 3.7 WARNING AND DISCLAIMER OF 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 Wichita Falls, Texas or any
officer 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 4.1 DESIGNATION OF LOCAL ADMINISTRATOR
The Director of Planning is hereby designated as the City official
responsible for the administration and implementation of the pro-
visions of this ordinance.
SECTION 4.2 DUTIES AND RESPONSIBILITIES FOR FLOOD PLAIN
MANAGEMENT
Duties and responsibilities of the Director of Planning
shall include, but not be limited to:
a. Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance;
b. Review, approve or deny all application for
development permits required by Section 3.3 of this
ordinance;
c. Review permits for proposed development to assure
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from
which prior approval is required;
d. 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 City Engineer shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 4.5, b.
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e. Notify adjacent communities and the Texas Depart-
ment of Water Resources prior to any alteration or
relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
f. Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
g. When base flood elevation data has not been
provided in accordance with Section 3.2, the
City Engineer shall obtain, review, and reasonably
utilize any base flood elevation data available from a
Federal, State, or other source, in order to administer
the provisions of Article 5.
SECTION 4.3 PERMIT PROCEDURES
a. Application for a Flood Plain Development Permit
shall be presented to the Director of Planning on forms
furnished by him and may include, but not be limited
to, plans in ten copies drawn to scale showing the
locations, 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:
(1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all proposed
structures;
(2) Elevation in relation to mean sea level to which
any non-residential structure shall be floodproofed;
(3) A certificate from a registered professional
engineer or architect that the non!-residential
floodproofed structure shall meet the floodproofing
criteria of Section 5.2, a. , (2).
(4) Description of the extent to which any watercourse
or natural drainage will be altered or relocated as a
result of proposed development.
b. Approval or denial of a Flood Plain Development
Permit by the Director of Planning shall be based on all
of the provisions of this ordinance 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;
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(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 flood waters
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.
SECTION 4.4 FEES
Each application for a permit shall be accompanied by an
inspection fee of Twenty-five Dollars, ($25.00) . Such
fee shall be required whether or not the application is
approved.
SECTION 4.5 VARIANCE AND APPEALS PROCEDURES
a. Variances
(1) The Planning Board as established by the Board of
Aldermen shall hear and render judgement on requests
for variances from the requirements of this ordinance.
(2) Any person or persons aggrieved by the decision
of the Planning Board may appeal such decisions to
the Board of Aldermen of Wichita Falls, Texas.
(3) Any person or persons aggrieved by the decision
of the Board of Aldermen may appeal such decisions
in the courts of competent jurisdiction.
(4) The Director of Planning shall maintain a record
of all actions involving an appeal and shall report
variances to the Federal Insurance Administration
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 section.
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(6) Generally, variance m,y :, issueu for n4
construction and substantial improvements to be erected
on a lot of 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 4.3, b. , of the 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 Planning Board
may attach such conditions to the granting of variances
as it deems necessary to further the purpose and
objectives of this ordinance (Article I, Sections 1.3 and 1.4) .
(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:
1 A showing of good and sufficient cause.
2 A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
Pecuniary hardship, standing alone, shall not be
deemed to constitute undue hardship.
3 A determination that the granting of a variance
will not result in increased flood heights, addi-
tional 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 applicant to whc-1 a variance is granted shall
be given written notice that the structure will be
permitted to be built with a lowest floor elevation
no more than two (2) feet below the base flood elevation,
and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduces lowest
floor elevation.
b. Appeals
The Planning Board shall hear and render judgement on an appeal
only when it is alleged there is an error in any requirement,
decision, or determination made by the Director of Planning in
the enforcement or administration of this ordinance.
SECTION 4.6 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 exceeding one
hundred dollars ($100.00). 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 ordinance.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 5.1 GENERAL STANDARDS
In all areas of special flood hazards the following
provisions are required:
a. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure;
b. All new construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage;
c. All new construction or substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage;
d. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
e. New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system and discharges from the
systems into flood waters;
f. Waste disposal systems on site shall be located to
avoid impairment to them or contamination from them
during flooding.
SECTION 5.2 SPECIFIC STANDARDS FOR ALL ZONES EXCEPT AO ZONES.
In all areas of special flood hazards except AO zones where base
flood elevation data has been provided as set forth in Section 3.2,
Section 4.2, or Section 5.4, c. the following provisions are required:
a. Outside of floodways.
(1) Residential Construction - New Construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated
to one (1) foot above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall
submit a certification to the Director of Planning
that the standard of this subsection was complied with in
determining the elevation of the lowest floor as required
by Sec. 4.3a(1) .
(2) Non-residential Construction - New construction or
substantial improvement of any commercial, industrial
or other non-residential structure shall either have
the lowest floor, including basement, elevated to one (1)
foot above the level of the base flood elevation or,
together with attendant utility and sanitary facilities,
be floodproofed so that below one (1) foot above the base
flood level the structure is water tight with walls sub-
stantially 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
submit a certification to the Director of Planning that
the standards of this subsection are satisfied.
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(3) Mobile Homes
(a) No mobile home shall be placed in a floodway except
in an existing mobile home park or existing mobile home
subdivision.
(b) All mobile homes shall be anchored to resist
flotation, collapse, lateral movement, a wind force
of 90 mph, horizontal force of 25 pounds/sq. ft. and
uplift of 15 pounds per square foot. Special requirements
shall be:
1 Over-the-top ties at each of the four corners
of the mobile home, with two additional ties per
side at intermediate locations and mobile homes
less than 50 feet long requiring one additional
tie per side;
2 Frame ties at each corner of the home with
five additional ties per side at intermediate
points and mobile homes less than 50 feet long
requiring four additional ties per side;
3 All components of the anchoring system be
capable of carrying a force of 4,800 pounds;
4 Any additions to the mobile home be similarly
anchored.
(c) For new mobile home parks and subdivisions; for
expansions to existing mobile home parks and sub-
divisions; for existing mobile home parks and sub-
divisions where the repair, reconstruction or
improvement of the streets, utilities and pads
equals or exceeds 50 percent of value of the streets,
utilities and pads before the repair, reconstruction
or improvement has commenced; and for mobile homes
not placed in a mobile home park or subdivision
require:
1 Stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile
home will be at or above one (1) foot above the base
flood level, A registered professional engineer,
architect, or land surveyor shall submit a certifi-
cation to the Director of Planning that the standards
of this paragraph complies with Section 5.2, a. , of this
Article.
2 Adequate surface drainage and access for a
hauler are provided; and,
3 In the instance of elevation on pilings:
(1) lots are large enough to permit steps,
(2) piling foundations are placed in stable
soil no more than ten feet apart, and (3)
reinforcement is provided for pilings more -
than six feet above the ground level.
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b. WITHIN FLOODWAYS
Floodways - located within areas of special flood
hazard established in Section 3.2, are areas
designated as floodways. Since the floodway is an
extremely hazardous area 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 developments unless certification by a professional
registered engineer or architect is provided demonstrating
that encroachments shall not result in any increase in
flood levels during occurence of the base flood
discharge.
(2) If Section 5.2, b. , (1), above is
satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of Article 5.
(3) Prohibit the placement of any mobile homes ,
except in an existing mobile home park or subdivision.
SECTION 5.3 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Located within the areas of special flood hazard established
in Section 3.2, 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 indeterminate; therefore, the following provisions apply:
a. All new construction and substantial improvements
of residential structures shall have the lowest floor,
including basement, elevated one (1) foot above the
crown of the nearest street to or above the depth number
specified on the community's FIRM.
b. All new construction and substantial improvements of
nonresidential structures shall:
(1) Have the lowest floor, including basement,
elevated one (1) foot above the crown of the nearest
street or above the depth number specified on the
FIRM, or;
(2) Together with attendant utility and sanitary
facilities be completely floodproofed to or above
that level so that any space below that level 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.
c. A registered professional engineer or architect shall
submit a certification to the Director of Planning that
the standards of the Section, are satisfied.
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SECTION 5.4 STANDARDS FOR SUBDIVISION PROPOSALS
a. All subdivision proposals shall be consistent
with Sections 1.2, 1.3, and 1.4 of this ordinance.
b. All proposals for the development of
subdivisions shall meet Development Permit requirements
of Section 3.3, Section 4.3, and the provisions of
Article 5 of this ordinance.
c. Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or 5
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acres, if not otherwise provided pursuant to Article 3,
Section 3.2 or Section 4.2, g. , of this ordinance.
d. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
e. All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and constructed
to minimize flood damage.
PASSED AND APPROVED THIS THE /4744:,/ day of 1 978.
Aumman e / /V /prt
dill' Or MAYOR
ATTEST:
,,AVZ; Al-'40ed_.//)
CITY CLERK
Affidavit of Publication
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• THE STATE OF TEXAS 1
COUNTY OF WICHITA
f,
(Poste Clipping Here)
On this 14.th day of February
A.D. 1978 personally appeared before me, the undersigned authority
Roy L. Reaves , bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the
Wichita Falls 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 C)ne (1) issues thereof on the following
dates:
February 9, 1978
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
.411111klak."/Aar (al ,4
,i
Gordon Q. Walker, Jr., Notary Public
is & for Wicaita County, Texas
SIc N1FICANT EFFECT ON Raving a one percent chance of VARIANCE—is a grant of relief ('j) Elevation in relation to TION ,-
THE ENVIRONMENT being equalled or exceeded in to a person from the require- mean sea level,ot the lowesi'tloor 5.1 GENERAL
PROJECT IDENTIFICATION: any given year. moms of this ordinance when (including basement)of all prop- In all areas of
A Master Plan for the Wichita DEVELOPMENT—means any specific enforcement would re- osed structures; hazards the toll
River Greenbelt will be de- man-made change to improved suit in unnecessary hardship (2) Elevation in relation to are required:
veloped as part of the Urban or unimproved real estate, in- which would,in effect,deprive an mean sea level to which any non- a. All new cot
Beautification program. chiding but not limited to,build- individual of the reasonable use residential structure shall be substantial impri
STATEMENT OF INTENT:The ings or other structures,mining, of his land.Further,the variance floodproofed; be anchored to pr
City of Intend to Falls,Texas does dredging,filing,grading,paving, must be necessary for the pre- (3)A certificate from a mots- collapse or later;
not Intend to file an environmen- excavation or drilling opera- servation and enjoyment of a tered professional engineer or the structure;; 3
tal impact statement regarding tions. substantial property.right, and architect that the non-residential struction or s
this project. • EXISTING MOBILE HOME the granting of the variance will floodproofed structure shall provements shale
REASONS BEHIND INTENT: PARK OR MOBILE HOME not be detrimental to the public meet the floodproofing Criteria of by methods and.
This prolect involves no physical SUBDIVISION-means a parcel health, safety or welfare or In- Section 5.2,a.,(2). . • minimize flood dt
activity.The Master Plan will in- (or contiguous parcels) of land furious to other property in the (4)Description of the extent to c.All new cone
elude environmental assess- divided into two or more mobile area.Pecuniary hardship,stand- which any watercourse or stantial improvei
means of all proposed projects. home lots for rent or sale for ing alone,shall not be deemed to natural drainage will be altered constructed with
The City of Wichita Falls has de which the construction of constitute undue hardship.A var- or relocated as a result-of prop- utilityequipmet`,
termined that this is not a project facilities for servicing the lot on lance, therefore, permits con- osed development. flood damage;
which may significantly affect which the mobile home is to be struction or development in a b.Approval or denial of a.Flood d. All new anj
the quality of the human envi- affixed (including, at a manner otherwise prohibited by Plain Development.Permit by water supply sy
ronment and complies with all minimum, the installation of this ordinance. _ the Director of Planning shall be designed to mini
applicable laws and regulations utilities,either final site grading ARTICLE 3 based on all of the provisions of nate infiltration t
as set forth in Section 58.1(a)(3) or the pouring of concrete pads, GENERAL PROVISIONS this ordinance and the following into the system;
of Environmental Review Pro- and the construction of streets)is SECTION 3.1 LANDS TO WHICH relevant factors: e.New and repl,
cedures.for CDBG Program. completed before the effective 'THIS ORDINANCE APPLIES (1)The danger to life and prop- ary sewage systc
ENVIRONMENTAL REVIEW ,
of the ordinance. This ordinance shall apply to all erty due to flooding or erosion signed to minim:
RECORD: The City of Wichita EXPANSION TO AN EXISTING areas of special flood hazard damage; infiltration of flc.
Falls has made an Environmen- MOBILE HOME SUBDIVI- within the jurisdiction of Wichita (2) The susceptibility of the the system and d
tal Review Record for this pro- SION — means the pre- Falls,Texas. proposed facility and itscontents the systems into
ject.This Environmental Review SUBDIVISION-means the pre- SECTION 3.2 BASIS FOR ES- to flood damage and the effect of f.Waste dispo
may be examined and paration of additional sites by the TABLI SH I NG THE AREAS OF such damage on the individual site shall be loca
copied in Room 400 of the Memo- construction of facilities for ser- SPECIAL FLOOD HAZARD owner; pairment to then:
rial Auditorium, Monday vicing the lots on which the a. The areas of special flood (3)The danger that materials tion from them '
through Friday,8:00 a.m.to 5 4
:00 mobile homes are to be affixed hazard identified by the Federal may be swept onto other.lands to SECTION 5.2 SP?
p.m. No further environmental (including the installation of Insurance Administration on its the injury of others; DARDS FOR At
review is proposed to be con- utilities,either final site grading Flood Hazard Boundary Map (4) The compatibility of the CEPT AO ZONE;
ducted,and the City of Wichita
Falls intends to request the De- or the pouring of concrete pads, (FHBM), Community No. proposed use with existing and In all areas of
partment of Housing and Urban or the construction of streets). 480662A,dated June 28,1974,and anticipated development; hazards except f
Development to release funds for FLOOD OR FLOODING—means any revisions thereto are hereby (5)The safety of access to the base flood elev(
this project. a general and temporary condi- adopted by reference and de- property in times of flood for or- been provided as
COMMENTS: Comments may lion of partial or complete inun- Glared to be part of this ordi- dinary and emergency vehicles; tion3.2,Sectioa4i,
be submitted to the City of dationofnormally dry land areas nance. . (6)The costs of providing gov- c. the following)
be sub submitted Texas from Feb- from: b. Tie areas of special flood ernmental services during and required:
Wary 9,1 Falls,s,F Texas February m Feb. (1) The overflow of inland or hazard identified by the Federal after flood conditions including a.Outside of ft
CHIEF EXECUTIVE 9 8. tidal waters. Insurance Administration in a maintenance and repair of (1) Residenlj
FILER Gerald G. Fox, City (2) The unusual and rapid ac- scientific and engineering report streets and bridges,and public -New Constructilj
f
Manager,P.O.Box 1431,Wichita cumulation or runoff of surface entitled "The Flood Insurance utilities and facilities such as improvement o
Falls,Texas 76307. waters from any source. Study"(Initial Draft)for the City sewer,gas,electrical,and water structure shall 3
FLOOD HAZARD BOUNDARY of Wichita Fails,Wichita County, systems. floor, including
ORDINANCE NO.3282 MAP (FHBM)—means an offi- Texas, dated March, 1977, with (7) The expected heights,vel- voted to one (1i
A FLOOD HAZARD PREVEN- cial map of the community, is- accompanying Flood Insurance ocity,duration,rate of rise and basefloodelevati
TION ORDINANCE, PROVID- sued by the Federal Insurance Rate Maps(Initial Draft)and a sediment transport of the flood professional engr
ING FOR FLOOD PLAIN Administration,where the areas Flood Hazard Boundary-Flood- waters and the effects of wave or land surveyor
DEVELOPMENT PERMITS, within the boundaries of special way Maps(Initial Draft)and any action,if applicable,expected at certification to;'!
PROVIDING FOR STANDARDS flood hazards have been desig- revisions thereto shall be utilized the site; Planning that tell
FOR CONSTRUCTION AND nated as Zone A. to provide base flood elevation (8)The necessity to the facility subsection was 6
DEVELOPMENT TO REDUCE FLOOD INSURANCE RATE data until such time as they are of a waterfront location, where determining the
FLOOD HAZARDS, PROVID- MAP(FIRM)—means an official published in final form. applicable; - lowest floor as r
ING FOR VARIANCES, AND map of the community,onwhich SECTION 3.3 ESTABLISH- (9)The availabilityofalterna- 4.3a(1).
PROVIDING PENAL PROVI- the Federal InsuranceAdminist- MENT OF DEVELOPMENT five locations, not subject to (2) Non-ra
SIONS. ration has delineated both the PERMIT flooding or erosion damage,for struction- New
BE IT ORDAINED BY THE areas of special flood hazards A Flood Plain Development the proposed use; substantial imp,
BOARD OF ALDERMEN OF and the risk premium zones Permit shall be required before (10) The relationship of the commercial, in
THE CITY OF WICHITA applicable to the community. construction or other develop- proposed use to the comprehen- non-residential;'!
FALLS,TEXAS,THAT: • FLOOD INSURANCE STUDY— ment is commenced on any land sive plan for that area. either have the:
ARTICLE I is the official report provided by located in an area of special flood SECTION 4.4 FEES cluding basemd
STATUTORY AUTHORIZA- the Federal Insurance Administ- hazard to ensure conformace Each application for a permit one(1)foot abo$
TION, FINDINGS OF FACT, ration.The report contains flood with the provisions of this ordi- shall be accompanied by an in- base flood eleva
PURPOSE AND OBJECTIVES profiles,the water surface Greve- nance. spection fee of Twenty-five with attendant
SECTION 1.1 STATUTORY AU- tion of the base flood,as well as SECTION 3.4 COMPLIANCE ($25.00). Such fee shall be re- ary facilities,
THORIZATION the Flood Hazard Boundary— No structure of land shall hereof- quired whether or not the appli- that below one 1
The Legislature of the State of Floodway Map. ter be located,altered,or have its cation is approved. base flood leve
Texas has in Article 8280.13 V.T. FLOOD-PROOFING—is a corn- use changed without full corn- SECTION 45 VARIANCE AND water tight wilt
C.S.delegated the responsibility bination of structural changes pliance with the terms of this or- APPEALS PROCEDURES Nally impermei
to local governmental units to andl or adjustments incorporatec dinance and other applicable a.Variances sage of water an
adopt regulations designed to in the design and/or construction regulations. (1) The Planning Board as components hall
minimize flood losses.Therefore, and alterations of individual SECTION 3.5 ABROGATION established by the Board of AI- ity of resisting;
the Board of Aldermen of Wichita buildings, structures or proper- AND GREATER RESTRIC- dermen shall hear and render hydrodynamic I-
Falls,Texas does ordain as fol- ties subject to flooding primarily TIONS judgements on requests for var- of buoyancy. A
lows: for the reduction or elimination This ordinance is not intended to lances from the requirements of fessional engine
SECT ION 1.2 FINDINGS OF of flood damages. repeal,abrogate,or impair any this ordinance. shall submit a a
FACT FLOODWAY—means the than- existing easements,convenants, (2) Any person or persons Director of P1?
a. The flood hazard areas of nel of a river or other water- or deed restrictions. However, aggrieved by the decision of the standards of this
Wichita Falls are subject to course and the adjacent land wherethisordinanceandanother Planning Board may appeal such satisfied.
periodic inundation which results areas that must be reserved in conflict or overlap, whichever decisions to the Board of Alder- (3)Mobile q
in loss of life and property,health order to discharge the base flood imposes the more stringent re- men of Wichita Falls,Texas. (a)No mob'
and safety hazards,disruption of without cumulatively increasing strictions shall prevail (3) Any person or persons placed in a floor)
commerce and governmental the water surface elevation more SECTION 3.6 INTERPRETA- aggrieved by the decision of the existing mobiiti
services,and extraordinary pub- than one foot. TION Board of Alermen may appeal existing mobil
lic expenditures for flood protec- HABITABLE FLOOR—means In the interpretation and appiica- such decisions in the courts of sion. l
Lion and relief,all of which ad- any floor usable for living pur- tion of this ordinance,all provi- competent jurisdiction. (b)All moll!
versely affect the public health, poses, which includes working, sions shall be: (4)The Director of Planning anchored to re(i
safety and general welfare. sleeping, eating, cooking or re- a.Considered as minimum re- shall maintain a record of all ac- lapse,lateral MI
These flood losses are created creation, or a combination quirements tions involving an appeal and force of 90 mph;
by the cumulative effect of thereof.A floor used for storage b. Liberally constructed in shall report variances to the of 25 pounds!sd'
obstructions in flood plains which' Purposes only is not a"habitable favor of the governing body Federal Insurance Administra- 15 pounds per 1
cause an increase in flood heights floor'. c.Deemed neither to limit nor Lion upon request. cial requiremell
and velocities,and by the occu- MEAN SEA LEVEL—means the repeal any other powers granted (5)Variances may be issued 1.Over-the
pancy of flood hazard areas by average height of the sea for all under State statutes, for the reconstruction, rehabili- the four cornet;
uses vulnerable to floods and stages of the tide. SECTION 3.7 WARNING AND tationorrestorationofstructures home, with Nil
hazardous to other lands because MOBILE HOME—means a DISCLAIMER OF LIABILITY listed on the National Register of per side at in3
they are inadequately elevated, strutture,transportable in One or The degree of flood protection Historic Places or the State In- tions and mobil
floodproofed, or otherwise pro- more sections,which is built on a required by this ordinance is con- ventory of Historic Places,with- 50 feet long re(
tected from flood damage. permanent chassis and designed sidered reasonable for regulat- out regard to the procedures set tional tie per sfl