1978-001 NO ,Tf ,
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CREATING A NEW CHAPTER 16 ENTITLED "FLOOD DAMAGE PREVENTION",
PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE
WHEREAS, the legislature of the State of Texas has delegated
to local governmental units the authority to adopt regulations
designed to minimize flood losses,
WHEREAS, much of the City of Denton is so situated that there
are flood hazard areas which are suboect to periodic inundation
sultlng in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and Impair-
ment of the tax base all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, such flood losses are caused by the cumulative effect
of obstructions in floodways which increases flood heights and
velocities, and the occupancy of flood hazard areas by uses vulner-
able to floods or hazardous to others inadequately elevated or
otherwise protected from flood damages,
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE-
BY ORDAINS
That the Code of Ordinances of the City of Denton, Texas, be
and the same is hereby amended by creating a new Chapter 16, Arti-
cle I through Article VIII to be entitled Flood Damage Prevention,
which shall hereafter read as follows
ARTICLE I
SECTION 16 1 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general ~elfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to
(1) Protect amah life and health,
(2) Minimize ~xpendlture of public money for costly flood
control rooects,
(5) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public,
(4) M~n~m~ze prolonged bus~ness ~nterrupt~ons,
($) M~n~mlze damage to public facilities and utilities such
as water and gas Rains, electric, telephone and sewer
l~nes, streets and bridges located ~n flood plains,
(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 m~n~m~ze future flood blight areas, and,
(7) Insure the potential buyers are notified that property
· s ~n a flood area
SECTION 16 2 - METHODS OF REDUCING ELOOD LOSSES
In order to accomplish its purposes, this ordinance shall be
appl~ed~ administered and enforced as follows
(1) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive
increases ~n flood heights or velocities,
(2) Require that uses vulnerable to floods, znclud~ng facil-
ities which serve such uses, be protected against flood
damage at the t~me of in,rial construction,
(3) Control the alteration of natural flood plains, stream
channels, and natural protective barriers, whzch are
volved ~n the accommodation of flood waters,
(4) Control flllzng, grading, dredging and other development
which may increase flood damage,
(5) Prevent or regulate the construction of flood barriers
which will ~ncrease flood hazards to other lands,
(6) No permit shall be issued for the construction, alteration
or ~mprovement of any property w~th~n a Eloodway or Elood
Plain area, unless the same shall comply with the terms
hereof
{7) Areas w~th~n a Flood Plain, when dedicated to public use
as open space, green belts or parkways, or when permanently
and irrevocably reserved as privately owned space, green-
belts or parkways, shall conform to the c~ty's plan of
development Such land may be ~ncluded in the computation
of open space as gross density requirements of this ordin-
ance
ARTICLE II
DEFINITIONS
SECTION 16 3
Unless specifically defined below, words or phrases used in
th~s ordinance shall be ~nterpreted to g~ve them the meaning they
have zn common usage and to give th~s ordinance ~ts most reasonable
application
(1) Appeal - Means a request for a review of the City Engineer's
interpretation of any provision of this ordinance or a request for
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a variance
(2) ~,rea of Shallow Floodln~ - Means a deszgnated AO Zone
on a community's Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet This cond~tzon occurs where a
clearly defzned channel does not exist, where the path of flood-
lng zs unpredictable and lndetermznate, and where velocity flow
may be evzdent
(3} ~rea of Shallow Floodzn~ Hazard - zs the land zn the
flood plain within a communzty subject to a one percent or greater
change of floodzng zn any gzven year
(4) Base Flood - means the flood havzng a one percent chance
of being equaled or exceeded in any g~ven year
($) pevelopment - means any man-made change to improved or
unimproved real estate, ~nclud~ng but not limited to buildings or
other structures, mining, dredgzng, f~llzng, grading, pav~ng, exca-
vation or drzlllng operatzons
(6) Encroachment L~nes L~mlts of obstruction to flood flows
These llnes are generally parallel to the stream The l~nes are
established by assuming that the area landward (outside) of the en-
croachment lines w~ll be ultimately developed ~n such a way that ~t
w~ll not be available to convey flood flows If hydraulic efficiency
of the floodway is maintained by protecting ~t against unnecessary
encroachments~ ~t will be adequate to convey the regulatory flood
without resulting ~n an ~ncrease ~n flood elevations of more than
one (1) foot
(7) Ex~stlng Mobile Home Park or Mobile Home Subdivision -
means a parcel (or contlgous parcels) of land divided ~nto 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 ~s to
be affixed (Including, at a minimum, the installation of utilities,
e~ther f~nal site grading or the pouring of concrete pads, and the
construction of streets} is completed before the effective date of
th~s ordinance
[8) ExRa~s~on To An B~st~ng Mgb~le Ho~e Park or MO),~i~
Home Subdivision - means the preparation of additional s~tes by
the construction of fac~l~tzes for servicing the lots on which
the mobile homes are to be affixed (~nclud~ng the ~nstallat~on
of utilities, e~ther f~nal s~te grading or pouring of concrete
pads, or the construction of streets)
(9) Flood or Floodmn~ - means a general and temporary con-
d~t~on of part~al or complete ~nundat~on of normally dry land
areas from
(1) The overflow of ~nland or t~dal waters
(2) The unusual and rap~d accumulation or runoff of surface
waters from any source
(10) Flood Hazard Boundary Map (FHBM) - means an official map
of a community, ~ssued by the Federal Insurance Administration,
where the areas w~th~n the boundaries of special flood hazards have
been designated as Zone A
(11) Flood Insurance Rate M~p [FIRM) - means an official map
of a community, on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the r~sk
premum zones applicable to the community
(12) Flood Insurance Study - ~s 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-Floodway Map
(15) Floodway - means the channel of a stream and adjacent
land areas which are required to carry and d~scharge the flood water
of flood flows of any r~ver or stream associated w~th the regulatory
flood w,th an allowable maximum ~ncrease ~n water surface elevation
above the regulatory flood of one (1) foot Th~s area ~s designated
by the symbols F~
(14) Flood Plain - The area outside the floodway which ~s st~ll
subject to ~nundat~on by the regulatory flood Th~s area ~s desig-
nated by FP
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(1S) Habitable Floor - means any floor usable for living
purposes, which includes working, sleeping, eating, cooklng~ or
recreation, or a combination thereof A floor used for storage
purposes only is not a "habitable floor"
(16) Mean Sea Level means the average height of the sea
for all stages of the tide
(17) ~lnlmum Bulld~n~ Elevation The elevation to which
uses regulated by this ordinance are requzred to be elevated or
flood proofed This elevation would be equal to the elevation
that could be reached by the regulatory flood if it occurred under
conditions ex~sting at the time this ordinance was passed, plus
one (1) foot to allow for encroachments permitted by the estab-
lishment of floodways, · e , m~n~mum building elevation equals
regulatory flood elevation plus one (1) foot
(18) Mobile Home - means a structure, transportable in one
or more sections, which is built on a permanent chassis and de-
signed to be used w~th or without a permanent foundation when con-
nected to the required utilities It does not include recreational
vehicles or travel trailers
(19) New Mobile Home Park or Mobile Home Subdivision - means
a parcel (or contiguous parcels) of land divided ~nto 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 ~s to
be affixed (Including, at a minimum, the installation of utilities
e~ther f~nal s~te grading or the purlng of concrete pads, and the
construction of streets) is completed on or after the effective
date of this ordinance
(20) Obstruction - any dam, wall, wharf, embankment, levee,
dike, p~le, abutment, project~on, excavation, channel rectification,
bridge, conduit, culvert, building, wire, fence, rock gravel, refuse,
fill structure or matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood hazard area which may im-
pede, retard, or change the direction of the flow of water~ either
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in itself or by catching or collecting debris carried by such
water, or that is placed where the flow of water might carry the
same downstream to the damage of life or property
(21) ~egulatory Flood - The regulatory flood is a flood
which ~s representative of large floods known to have occurred
generally in the area and reasonably characteristic of what can
be expected to occur on a particular stream The regulatory flood
generally has an average frequency ~n the order of the 100 year re-
currence Interval flood determined from an analysis of floods on a
particular stream and other streams in the same general region
(22) Start of Construction - means the first placement con-
structlon of a structure (other than a mobmle home) on a s~te, 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 f~lllng, nor does ~t include the
stallatlon of streets and/or walkways, nor does it ~nclude excavation
for a basement~ footlngs~ piers or foundations or the erection of
temporary forms, nor does it include the ~nstallatlon 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 p~llng or foun-
dation 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 serving the
site on which the mobile home is to be affixed (including, at a
minimum, the construction of streets, either f~nal site grading or
the pouring of concrete pads, and installation of utilities) is
completed
(23) ~,tructure - Anything constructed or erected, on the
ground, or attached to the ground including, but without l~m~tlng
the generality of the foregoing buildings, factories, sheds,
cabins, mobile homes, and other similar items
(24) Substantial, Improvement - Means any repair, recon-
struction, or Improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure e~ther,
(1) before the improvement or repair ~s started, or (2) ~f the
structure has been damaged and ~s being restored, before the dam-
age occurred For the purposes of th~s definition "substantial
improvement" is considered to occur when the f~rst 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
e~ther (1) any pro~ect 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 l~sted on the
National Register of Historic Places or a State Inventory of
Historic Places
(25) Variance - Is a grant of relief to a person from the
requirements of th~s ordinance when specific enforcement would re-
sult ~n unnecessary hardship A variance, therefore, permits con-
struct~on, or development ~n a manner otherwise prohibited by this
ordinance
ARTICLE III
GENERAL PROVISIONS
SECTION 16 4 - LANDS TO WHICH THIS ORDINANCE APPLIES
Th~s ordinance shall apply to all areas of special flood hazard
w~th~n the jurisdiction of the C~ty of Denton
SECTION 16 $ BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map {FHBM),
Community No 48-0194, dated November 1, 1974, and any revisions
thereto are hereby adopted by reference and declared to be a part
of th~s ordinance Also ~ncluded ~n th~s section for reference
shall be the final draft report for the Flood Insurance Rate Map
(FIm~)
SECTION 16 6 - ESTABLISHMENT OF DEVELOPMENT PERMIT
A development Permit shall be requxred to ensure conformance
with the provisions of this ordinance
SECTION 16 7 - COMPLIANCE
No structure or land shall hereafter be located, altered, or
have zts use changed w~thout full compliance w~th the terms of
thxs ordinance and ether applicable regulations
SECTION 16 8 - ABROGATION AND GREATER RESTRICTIONS
Th~s ordinance ~s not ~ntended to repeal, abrogate, or ~mpa~r
any existing easements, covenants, or deed restrictions However,
where th~s ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail
SECTION 16 9 INTERPRETATION
In the ~nterpretat~on and application of this ordinance, all
provisions shall be (1) considered as m~n~mum requirements, (2)
l~berally construed in favor of the governing body, and (5) deemed
neither to l~m~t nor repeal any other powers granted under State
Statutes
SECTION 16 10 - WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by th~s ordinance ~s
considered reasonable for regulatory purposes and ~s based on
scientific and engineering consmderat~ons On rare occasions
greater floods can and w~ll occur and flood heights may be ~n-
creased by man-made or natural causes This ordinance does not
~mply that land outsxde the areas of special flood hazards or
uses permitted within such areas w~ll be free from flooding or
flood damages Th~s ordinance shall not create liability on the
part of the C~ty of Denton or any officer or employee thereof for
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any flood damages that result from reliance on th~s ordinance
or any administrative decision lawfully made thereunder
ARTICLE IV
ADMINISTRATION
SECTION 16 11 - DESIGNATION OF CITY ENGINEER
The City Engineer is hereby appointed to administer and
plement the provisions of th~s ordinance
SECTION 16 12 DUTIES AND RESPONSIBILITIES OF THE CITY
ENGINEER
Duties and responsibilities of the City Engineer shall ~nclude,
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, approve or deny all applications for development
permits required by Section 16 6 of this ordinance,
(5) 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 ~s required,
(4) Where interpretation ~s 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
~nterpretat~on,
(S) Assure that maintenance ~s provided w~thln the altered
or relocated portion of sa~d watercourse so that the flood carrying
capacity is not diminished,
(6) When base flood elevation data has not been provided in
accordance with Section 16 5, the City Engineer shall obtain, re-
view, and reasonably utilize any base flood elevation data avail-
able from a Federal, State, or other source, ~n order to admInister
the provision of Article V
SECTION 16 13 - ZONING ~{AP FLOOD AREA DESIGNATIONS
(1) a The provisions of this section shall apply to all
lands w~th~n the c~ty ~rrespect~ve of Zoning D~s-
trlct classification
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b The flood plain areas within the jurisdiction of
this ordinance are hereby divided into two dis-
tricts Floodway Districts (FW) and Floodway
Fringe Districts (FF)
c There shall be superimposed upon the official zon-
lng map the Flood Plain designation, as determined
by the flood insurance study and report herelnabove
defined
d The outer boundary of Floodway Fringe District at
any point shall correspond to the elevation of a
minimum building elevation, less one foot of said
point Minimum building elevation shall be the
governing factor in locating the outer d~str~ct
boundary on the zoning map and on the ground The
inner boundary corresponds to the boundary of the
Floodway district
e The boundary of a Floodway District shall correspond
to the Floodway encroachment l~nes Boundaries of
a Floodway District shall be determined by scaling
distances on the official zoning map On the ground
the Floodway encroachment l~ne shall be located by
measuring distances perpendicular from the Floodway
center line
f In cases where Floodway encroachment lines have not
been delineated, the area below the minimum building
elevation shall be designated in the Floodway Dis-
trict until said encroachment lines can be determIned
g Where Interpretation IS necessary as to the exact
location of the boundaries of the Flood Plain Dis-
trict as shown on the Official Zoning Map the City
Engineer shall be consulted for guidance and direction
in determining the location in question Interpretation
beyond this point shall be made by the Board of Ad3ust-
ment after hearing testimony from all interested parties
FLOODWAY DISTRICT USES
No use of land shall be permitted in a Floodway District
unless
a. The same is permitted within the zoning district in
which it is situated,
bSuch use is not prohibited by any other ordinance,
and
c The same does not require structures, fill or the
storage of materials or equipment, provlded~ however,
that the following uses, when otherwise permitted
within the zoning district in which the same are
situated, shall be permitted upon application to the
City Engineer for a development permit as provided
in Section 16 14 of this ordinance, upon proof of
compliance with this ordinance
1 Accessory uses or Structures
2 Clrcuses, carnivals and similar transient outdoor
amusement enterprises
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3 Marinas, boat rentals, docks, piers, and wharfs
4 Railroads, streets, bridges, utility transmission
lines and pipelines
S Other uses, similar in nature, which are consistent
with the provisions of th~s ordinance
(3) FLOOD FRINGE DISTRICT USES
No use of land shall be permitted ~n a Flood Fringe Dis-
trict unless
a The same ~s permitted w~thin the zoning d~str~ct ~n
which it is s~tuated,
b Such use is not prohibited by any other ordinance,
and
c The same does not require structures, fill or the
storage of materials or equipment, other than the
following uses
1 Any use permztted in th~s section
2 Any other non-structural use, provided that the
same is elevated above the minimum building
elevation and that a determination has f~rst
been made by the City Hng~neer that such use
will not unduly restrict the capacity of the
channels or floodway of tributaries to the main
stream, drainage d~tches, or any other drainage
facilities or systems
3 Structures constructed on f~ll, provided the
f~rst floor or basement floor ~s above the
mmnlmum building elevation Such f~ll shall
be made to an elevation no lower than one (1)
foot below the regulatory flood protection
elevation for the particular area and shall be
extended horizontally at such elevation at
least fsfteen (15) feet beyond the l~mits of
any structure or buslding erected thereon
4 The following uses and structures shall be
permitted only upon zssuance of a Development
Permit by the Board of Adjustment as provided
in the followsng sectson, Permit Procedures,
of this ordinance and subject to the followsng
provisions
1 Non-residential structures, if adequately
flood-proofed as approved by the Czty
Hngsneer to a poznt above the regulatory
flood protectzon elevation
ll Uses lssted in Sectson 16 15 hereof and
other szmslar uses which wzll not be sub-
sect to substantzal flood damage and which
will not cause flood losses on other lands
or to the public These may include uses
which can be readily removed from flood
hazard areas during the tzmes of flood
The Board may in the Development Permit
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allow such uses to be located at an ele-
vation below the regulatory flood pro-
tectlon elevation
SECTION 16 14 - PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented
to the City Engineer on forms furnished by him and may include,
but not be limited to, plans in trzpl~cate drawn to scale show-
lng the location, dzmenslons, and elevation of proposed landscape
alteratzons, existing and proposed structures, and the locatzon
of the foregozng zn relation to areas of speczal flood hazard
Addltzonally, the following ~nformat~on ~s required
a Elevation zn relatzon to mean sea level, of the lowest
floor (zncludlng basement) of all proposed structures
as certzfzed by a regzstered professional engineer or
registered public surveyor,
b Elevation zn relation to mean sea level to which any
non-reszdentzal structure shall be flood proofed,
c A certzflcate from a registered professional engineer
or archztect that the non-reszdent~al flood proofed
structure shall meet the flood proofing crzter~a of
Sectzon 16 17(2),
d Descrzptlon of the extent to whzch any watercourse or
natural drainage w~ll be altered or relocated as a re-
suit of proposed development
e Typical valley cross-sectzons showzng the channel of
the stream, elevatzon of land areas ad3olnlng each szde
of the channel, cross-sectional areas to be occupxed by
the proposed development and high water znformatzon
f Plan (surface view) showzng elevations or contours of
the ground, pertznent structure, fill or storage ele-
vations, s~ze, location and special arrangement of
all proposed and ex~stlng structures on the s~te, lo-
cation and elevations or streets, water supply, sani-
tary facilities, photographs showlng existing land uses
and vegetation upstream and downstream, so~l types and
other pertinent ~nformat~on
g Profile showing the slope of the bottom of the channel
or flow l~ne of the stream
h Specifications for bulld~ng construction and materials
flood proofing, f~lllng, dredging, grading, channel
zmprovement, storage of materials, water supply, and
sanitary facilities
(2) Approval or den~al of a Development Permit by the City
Engineer shall be based on all of the provisions of th~s ordinance
and the following relevant factors
a The danger to lzfe and property due to flooding or
erosion damage,
b The susceptibility of the proposed facility and ~ts
contents to flood damage and the effect of such dam-
age on the ~nd~v~dual owner,
c The danger that materials may be swept onto other
lands to the ~njury of others,
d The compatibility of the proposed use w~th ex~st~ng
and anticipated development,
e The safety of access to the property ~n t~mes of flood
for ordinary and emergency vehicles,
f The costs of providing governmental services during
after flood conditions ~nclud~ng maintenance and re-
pa~r 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 r~se
and sediment transport of the flood waters and the
effects of wave action, ~f applicable, expected at the
site,
h The necessity to the facility of a waterfront location,
where applicable,
~The availability of alternative locations, not subject
to flooding or eroszon damage, for the proposed use,
The relationship of the proposed use to the compre-
henszve plan for that area
SECTION 16 15 VARIANCE PROCEDURES
(1) The Board of Adjustment as established by the Denton C~ty
Council shall hear and render judgment on requests for variance
from the requzrements of th~s ordinance
(2) The Board of Adjustment shall hear and render judgment
on an appeal only when ~t ~s alledged there zs an error ~n any
requirement, deczs~on, or determination made by the C~ty Engineer
zn the enforcement or administration of th~s ordinance
(5) Any person or persons aggrieved by the decision of the
Board of Adjustment may appeal such decision in the courts of
competent jurisdiction
(4) The City Engineer shall maintain a record of all actions
znvolv~ng an appeal and shall report variances to the Federal In-
surance Administration upon request
(S) Variances may be ~ssued for the reconstruction, rehab~lz-
ration, or restoration of structures l~sted on the National Register
of Historic Places of the State Inventory of H~stor~c Places, with-
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out regard to the procedures set forth ~n the remainder of thzs
section
(6) Generally, variances may be ~ssued for new construction
and substantial ~mprovements to be erected on a lot of one-half
acre or less ~n s~ze contiguous to and surrounded by lots w~th
ex~st~ng structures constructed below the base flood level, pro-
v~d~ng the relevant factors ~n Section 16 15(5) have been fully
considered As the lot size ~ncreases beyond the one-half acre,
the technical 3ust~f~cat~on required for ~ssu~ng the variance
~ncreases
(7) Upon consideration of the factors noted above and the
· ntent of th~s ordinance, the Board of Ad3ustment may attach such
conditions to the granting or variances as ~t deems necessary to
further the purpose and ob3ect~ves of th~s ordinance which may
znclude
a Modification of waste d~sposal and water supply
facilities,
b L~mltat~ons on periods of use and operation,
c Imposition of operational controls, sureties and
deed restrictions,
d Requirements for construction of channel modifications,
dlkes~ levees and other protective measures,
e Flood proofing measures, as described ~n the Flood
Section 16 17 (2)
f No structure (temporary or permanent), fill, including
fmll for roads and levees, depos~t~ obstruction, storage
of materials or equipment, or other uses shall be per-
mitred which, acting alone or ~n combination w~th ex~st-
· ng or future uses, unduly effects the efficiency or the
capacity of the floodway or unduly increases flood
heights above the minimum building elevation Conside-
ration of the effects of a proposed use shall be based
on a reasonable assumption that there will be an equal
degree of encroachment extending for a s~gnlflcant reach
on both sides of the stream
(8) Variances shall not be issued within any designated flood-
way · f any increase ~n flood levels during the base flood discharge
would result
(9) Prerequisites for Granting Variances
a Variances shall only be ~ssued upon a determination
that the variance ~s the m~n~mum necessary, consider-
ing the flood hazard, to afford relief
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b Variances shall only be ~ssued upon (1) a showing
of good and sufficient cause, (2) a determination
that failure to grant the variance would result
zn exceptional hardship to the applicant, and (5)
a determination that the granting of a variance
will not result ~n Increased flood heights, addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or v~ct~m~zat~on of the public, or conflict w~th
ex~st~ng local laws or ordinances
c Any applicant to whom a variance ~s granted shall
be g~ven written not~ce that the structure will be
permitted to be built w~th a lowest floor elevation
no more than two (2) feet below the base flood
elevation, and that the cost of flood ~nsurance w~ll
be commensurate w~th the ~ncreased r~sk resulting
from the reduced lowest floor elevation
(10) Additional factors for consideration by the Board shall
be
a The danger to l~fe and property due to ~ncreased
flood heights or velocities caused by encroachments
b The danger that materials may be swept on to other
lands or downstream to the ~n3ury of others
c The proposed water supply and sanitation systems
and the ability of these systems to prevent d~sease,
contamination and unsanitary conditions
d The susceptab~l~ty of the proposed facility and ~ts
contents to flood damage and the effect of such
damage on the ~nd~vzdual owner
e The importance of the services provided by the pro-
posed facility to the community
f The requirements of the facility for a waterfront
location
g The availability of alternative locations not sub-
3ect to flooding for the proposed use
h The compatibility of the proposed use w~th existing
development and development anticipated ~n the fore-
seeable future
The relatIonship of the proposed use to the compre-
hensive plan and flood pl~nmanagement program for
the area
The safety of access to the property in times of
flooding or for ordinary emergency vehicles
k The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
expected at the site
1 Such other factors which are relevant to the pur-
pose of th~s ordinance
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ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 16 16 GENERAL STANDARDS
In all areas of special flood hazards the following provisions
are required
(1) All new construction and substantial ~mprovements shall
be anchored to prevent flotation, collapse, or lateral movement of
the structure,
(2) All new construction or substantial ~mprovements shall
be constructed by methods and practices that m~n~m~ze flood damage,
(5) All new construction or substantial ~mprovements shall be
constructed w~th materials and utility equipment resistant to flood
damage,
(4) All new and replacement water supply systems shall be de-
signed to m~n~m~ze or eliminate ~nf~ltrat~on of flood waters ~nto
the system,
(5) New and replacement sanitary sewage systems shall be de~
s~gned to m~n~m~ze or eliminate ~nf~ltrat~on or flood waters into
the system and d~scharges from the systems ~nto flood waters, and,
(6) On~s~te waste d~sposal systems shall be located to avoid
· mpa~rment to them or contamination from them during flooding
SECTION 16 17 - SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided as set forth ~n Section 16 5, Section 16 12
(6), or Section 16 18(5) the following provisions are required
(1) Residential Construction - New construction or substantial
· mprovement of any residential structure shall have the lowest floor,
~nclud~ng basement, elevated one foot (1) above the base flood ele-
vation A registered professional engineer, arch~tect~ or land sur-
veyor shall submit a certification to the C~ty Engineer that the
standard of th~s subsection, as proposed ~n Section 16 14(1)(a), ~s
satisfied
(2) Non-residential Construction - New Construction or sub-
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stantlal improvement of any commercial, ~ndustrlal or other non-
residential structure shall either have the lowest floor, ~nclud~ng
basement, elevated to the level of the base flood elevation or, to-
gether with attendent utlllty and sanitary facilities, be flood
proofed so that below the base flood level the structure is water
tight with walls substantially impermeable to the passage of water
and w~th structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy A re-
gistered professional engineer or architect shall submit a certi-
fication to the City Engineer that the standards of th~s subsection
as proposed in Section 16 14(1)(c), are satisfied
(S) Mobile Homes
a No mobile homes shall be placed in a floodway, or if
applicable, a coastal high hazard area, except in an existing mobile
home park or existing mobile home subdivision
b Ail mobile homes shall be anchored to resist flotation,
collapse, or lateral movement Specific requirements shall be
(1) over-the-top ties at each of the four corners of the
mobile home, w~th two additional t~es per side at
~ntermed~ate locations and mobile homes less than
SO feet long requiring one additional t~e per side,
(l~) frame t~es at each corner of the home with five
additional ties per side at intermediate points and
mobile homes less than SO feet long requiring four
additional ties per side,
(~l~) all components of the anchoring system be capable
of carrying a force of 4,800 pounds,
(iv) any additions to the mobile home be s~m~larly
anchored
c For new mobile home parks and subdivisions, for ex-
pansions to ex~st~ng mobile home parks and subdivisions, for exist-
lng mobile home parks and subdivisions where the repair, recon-
struction or Improvement of the streets, utilities and pads equals
or exceeds SO 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 plllngs SO that the lowest floor of the
mobile home w~ll be at or above the base flood
level A registered professional engineer,
architect, or land surveyor shall submzt a
certificate to the C~ty Engineer that the stan-
dard of this paragraph compiles w~th Section
16 17(1) of th~s Article
(~l) adequate surface drainage and access for a
hauler are provided, and
in the ~nstance of elevation on p~l~ngs (1)
lots are large enough to permit steps, (2)
piling foundations are placed ~n stable soil
no more than ten feet apart, and (5) rein-
forcement ~s provided for p~l~ngs more than
slx feet above the ground level
(4) Floodways
Floodways located w~th~n areas of special flood hazard
established ~n Section 16 5 are areas designated as floodways
Since the floodway ~s an extremely hazardous area due to the veloc-
ity of flood waters which carry debr~s~ potential project~les and
erosion potential, the following provisions shall apply
a Encroachments are prohibited, ~nclud~ng f~ll, new con-
struct~on, substantial improvements and other developments unless
certification by a professional registered engineer or architect ~s
provided demonstrating that encroachments shall not result ~n any
· ncrease in flood levels during occurence of the base flood d~scharge
b If Section 16 17 (4)(a) above ~s satisfied, all new
construction and substantial improvements shall comply w~th all
applicable flood hazard reduction provisions of Article S
c Prohibit the placement of any mobile homes, except ~n
an ex~stlng mobile home park or subdivision
SECTION 16 18 - STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with Section
16 2, 16 $ and 16 4 of this ordinance
(2) All proposals for the development of subdivisions shall
meet Development Permit requlrements of Section 16 6, Section 16 14
and the provisions of Article S of th~s ordinance
(5) Base flood elevation data shall be generated for subdivi-
sion proposals and other proposed development which ~s greater than
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the lesser of 20 lots or 3 acres, zf not otherwzse provided pur-
suant to Sectzon 16 S, or Section 16 12[6) of this ordinance
(4) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards or as outlined ~n
the storm sewer ordznance of the City of Denton
[S) Ail subdzvzszon proposals shall have public utzllt~es
and facllztles such as sewer, gas, electrical and water systems
located and constructed to mznzmzze flood damage
(6} The fznal plat for a subdlvzs~on shall have the base
flood contour lzne, the floodway contour l~ne and the proposed
l~mlt of fzll contour lzne shown for the record
SECTION 16 19 - STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Located w~th~n the areas of special flood hazard established
~n Section 16 5 are areas designated as shallow flooding These
areas have speczal flood hazards associated wzth base flood depths
of 1 to 3 feet where a clearly defzned channel does not exzst and
where the path of floodzng zs unpredictable and zndetermznate,
therefore, the followzng provzszons apply
(1) All new constructzon and substantial zmprovements of
resldentzal structures shall have the lowest floor, lncludzng
basement, elevated above the crown of the nearest street to or
above the depth number speczfzed on the communzty's FIRM
(2) Ail new constructzon and substantzal improvements of
non-reszdentzal structures shall
(z) Have the lowest floor, including basement, ele-
vated above the crown of the nearest street or
above the depth number speczf~ed on the FIRM, or
Together wzth attendant utllzty and sanztary
faczl~tles be completely flood proofed to or about
that level so that any space below that level zs
water tzght wzth walls substantzally zmpermeable
to the passage of water and w~th structural com-
ponents havzng the capabzlzty of reszstzng hydro-
statzc and hydrodynamzc loads and effects of
buoyancy
(3) A regzstered professzonal engzneer or archztect shall
submit a certzflcatlon to the Czty Engzneer that the standards of
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