1997-056c \WPDOCS\ORD\AMDFLOOD ORD
ORDINANCE NO ~-- ~)~7~
AN ORDINANCE AMENDING SECTIONS 30-5, 30-32 AND 30-53 OF CHAPTER 30
TITLED "FLOOD PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON TO REVISE THE BASIS FOR ESTABLISHING AREAS OF
SPECIAL FLOOD HAZARD AND TO REVISE THE FLOOD PROTECTION STANDARDS
FOR NONRESIDENTIAL CONSTRUCTION, PROVIDING FOR A SEVERABILITY
CAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $2,000; AND PROVIDING
FOR PUBLICATION AND AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Section 30-5, "Basis for establishing the
areas of special flood hazard," of the Code of Ordinances of the
City of Denton, Texas ls hereby amended to read as follows
Beo. 30-5. Basis for establishing the areas of speoxal
flood hasard.
The areas of special flood hazard identified by the
Federal Emergency Management Agency on the flood insur-
ance rate map (FIRM) and the flood boundary/floodway map,
Community No 480194, dated April 2, 1997, and any
subsequent revisions thereto are hereby adopted by
reference and declared to be a part of this chapter
(Code 1966, § 10 ½-5)
~ That subsection (6) of Sect~on 30-32, "Duties and
responsibilities of the city engineer," of the Code of Ordinances
of the City of Denton, Texas ~s hereby amended to read as follows,
all portions of said section not specifically amended herein are to
remain unchanged'
Seo. 30-32. Duties and responsibilities of the city
engineer.
[subsections (1) through (5) unchanged]
(6) When base flood elevation data has not been
provided in accordance with section 30-5, the
city engineer shall obtain, review and reason-
ably utilize any base flood elevation data
available from any federal, state or other
source as criteria for requiring the new
construction, substantial improvements or
other developments in zone A and meet the
requirements of 44 C.F R. 60 3 subsections
(c) (2), (C) (3), (c) (5) , (C) (6) and (D) (3) of
the National Flood Insurance Program in order
to administer the provisions of article III of
this chapter In unnumbered A zones and zone
X, the base flood elevation shall be estab-
lished through an engineering study, and this
data shall be used for requiring the lowest
floor elevation to be 18 inches above the
encroached base flood elevation
[subsection (7) to remain unchanged]
SECTION III. That subsection (b) of Section 30-53, "Specific
standards," of the Code of Ordinances of the City of Denton, Texas
is hereby amended to read as follows, all portions of said section
not specifically amended herein are to remain unchanged
Bec. 30-53. Specific standards.
[subsection (a) to remain unchanged]
(b) Nonresidential constructlon New
construction or substantial improvement of a
commercial, industrial or other nonresidential
structure shall have the lowest floor, includ-
ing any basement, elevated eighteen (18)
inches above the one-hundred-year water sur-
face elevation based on encroached stream
conditions as shown in the appropriate flood
insurance study, or this construction, togeth-
er with attendant utility and sanitary facili-
ties, shall be floodproofed so that the struc-
ture is watertight to 18" above the encroached
base flood level with walls substantially
impermeable to the passage of water and struc-
tural components have the capability of re-
sisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. If the flood insur-
ance study does not include the property, the
required one-hundred-year water surface eleva-
tions shall be based on ultimate development
watershed conditions A registered profes-
sional engineer, architect or land surveyor
shall submit a certification to the city
engineer, in accordance with section 30-
34(a) (1), that the requirements of this sub-
section are met.
[subsection (c) to remain unchanged]
SECTION IV. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity
SECTION V That any person who shall v~olate any provision of
th~s ordinance, or who shall fall to comply therewith or with any
PAGE 2
of the requirements thereof, or with any permit or certificate
issued thereunder, shall be guilty of a misdemeanor punishable by
a flne as set forth in Section 1-12 of the Code of Ordinances of
the City of Denton, Texas not to exceed $2,000 for each violation
Each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any v~olatlon of
this ordinance ls committed, or continued, and upon conviction of
any such v~olatlons such person shall be punished w~thln the limits
above.
SECTION VI That this ordinance shall become effective on
Aprll 2, 1997, a date at least fourteen (14) days after the date of
its passage, and the Clty Secretary is hereby d~rected to cause the
caption of th~s ordinance to be published twice in the Denton
Record-Chronicle, the official newspaper of the City of Denton,
Texas, wlthln ten (10) days of the date of its passage
PASSED AND APPROVED thls the ~ day of ~ , 1997
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY'
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
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