20-881ORDINANCE NO.20-881
AN ORDINANCE OF THE CITY OF DENTON REPEALING AND REPLACING
CHAPTER 30, TITLED “FLOOD PREVENTION AND PROTECTION,” OF THE
DENTON CODE OF ORDINANCES; PROVIDING A REPEALER CLAUSE;
PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) controls development that may impact special
flood hazards in Chapter 30, Flood Prevention and Protection, of the Denton Code of Ordinances
(“Chapter 30”) based on the countywide Flood Insurance Study (“FIS”) report and Flood Insurance
Rate Map (“FIRM”), dated August 18, 2011, and prepared by the Federal Emergency Management
Agency (“FEMA”); and
WHEREAS, on December 19, 2019, FEMA notified the City that the FIS report and the
FIRM for Denton County were revised; and
WHEREAS, FEMA requires that the City revise Chapter 30 to reflect the new FIRM
effective date of June 19, 2019, as a condition of continued eligibility in the National Flood
Insurance Program (“NFIP”) within six months or by June 19, 2020; and
WHEREAS, the City Council finds it is in the public interest to continue eligibility in the
NFIP and revise Chapter 30, as required by FEMA; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that the recitals made in the preamble of this
Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if
copied in their entirety.
SECTION 2. The City Council hereby repeals the existing Chapter 30 “Flood Prevention
and Protection” of the Denton Code of Ordinances and replaces it in its entirety with the provisions
in Exhibit “A,” Chapter 30 “Flood Prevention and Protection,” attached hereto and made a part
hereof for all intents and purposes.
SECTION 3. The City Manager, or his designee, is hereby authorized to carry out all the
obligations and duties of the City under the revised Chapter 30 adopted herein.
SECTION 4. On the effective date of this ordinance. this Ordinance and the revised
Chapter 30 attached hereto supersede and replace all prior ordinances, code provisions, criteria
manuals, or other documents of the City to the extent such ordinance, code provision, criteria
manual, or other document conflicts or is inconsistent with the provisions herein passed. To the
extent such prior documents are inconsistent with the provisions passed herein, they are repealed
as conflicting.
SECTION 5. The City Secretary is hereby directed to record and publish the attached
Exhibit “A“ in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local
Government Code.
SECTION 6. Any person, firm, partnership, or corporation found violating any provision
of this Ordinance, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
a fine sum not exceeding Five Hundred Dollars ($500.00) for each offense. Each day that a
provision of this Ordinance is violated shall constitute a separate and distinct offense.
SECTION 7. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 8. This Ordinance, providing for a penalty, shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption of
this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published
in the City of Denton, Texas, within ten (10) days of the date of its passage.
S e C O n d en r][+1 0 t i :##•gg ; oZ/E= n 11arE e \\rIaSbmX ?rd i =7JZhUhap proveNthe following vote U_ - Z] :
Aye
/
t/
V/
P/
1/
1/
/
Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ad
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
it tIll IIlle/
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
.„:
EXHIBIT “A”
our r LEIYIEIII IZHJ ivr\ I IF\[1ILHB
The table below allows users of this Code to quickly and accurately determine what ordinances have
been considered for codification in each supplement, Ordinances that are of a general and permanent
nature are codified in the Code and are considered "Included." Ordinances that are not of a general and
permanent nature are not codified in the Code and are considered "Omitted."
In addition, by adding to this table with each supplement, users of this Code of Ordinances will be
able to gain a more complete picture of the Code's historical evolution.
Date I Included/Ord. No.Adopted i Omitted
1-12-10
Supp. No.
2010-003 Included 21
2010-112 5- 4-10 Included 21
2010-132 5-11-10 Included 21
2010-133 5-11-10 Included 21
ZUIU-ZU=T- / -IV Included 21
2010-216 9-21-10 Included 21
2010-232 9-21-10 Omitted 21
2010-258 10-19-10 Included 21
2010-287 11- 2-10 Included 21
2010-292 11-16-10 Included 21
2010-312 12- 7-10 Included 21
2011-038 3- 1-11 Included 22
2011-046 4- 5-11 Included 22
2011-051 4- 5-11 Included 22
2011-055 4- 5-11 Included 22
EXHIBIT “A“
2011-088
2006-127
2011-103
2011-113
2011-132
2011-168
2011-180
2011-233
2011-236
2012-064
2012-176
2012-225
2012-226
2012-227
2012-228
2012-254
2012-257
2012-258
2012-305
2012-367
5-17-11
5- 2-06
6-21-11
7-19-11
8-16-11
9-20-11
10- 4-11
11-15-11
12- 6-11
3- 6-12
8-21-12
9-11-12
9-11-12
9-11-12
9-11-12
10- 2-12
10- 2-12
10- 2-12
11- 6-12
12-18-12
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
I
I
i
22
22
22
22
22
22
22
22
22
23
23
23
23
23
23
23
23
23
23
23
T
i
T
I
EXHIBIT “A”
2012-193
2013-013
2013-207
2013-227
2013-236
2013-304
2013-326
2014-082
2014-084
2014-095
2014-112
2014-125
2014-384
2014-405
2014-01
2014-406
2015-008
2015-074
2015-086
2015-192
9-11-12
1-15-13
8-20-13
9-17-13
9-17-13
10-29-13
11-19-13
3-18-14
3-18-14
4- 1-14
5- 6-14
5- 6-14
11-18-14
11-18-14
11-18-14
12- 1-14
1- 6-15
3-24-15
4- 7-15
6-17-15
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
24
24
24
24
24
24
24
25
25
25
25
25
25
25
26
26
26
26
26
26
EXHIBIT “A”
2015-197
2015-199
2015-231
2015-250
2015-281
2015-335
2015-384
2015-386
2015-387
2006-120
2016-197
2016-217
2016-298
2016-388
2016-394
2016-423
2017-003
2017-066
2017-067
2017-071
7-21-15
7-21-15
8- 4-15
8-18-15
9-15-15
11-17-15
12-15-15
12-15-15
12-15-15
5- 2-06
7-19-16
8- 2-16
9-20-16
12- 6-16
12- 6-16
12-13-16
1-10-17
2-21-17
2-21-17
2-21-17
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
26
26
26
26
26
26
26
26
26
27
27
27
27
27
27
27
28
28
28
28
I
EXHIBIT “A“
2017-146
2017-162
2015-121
2017-201
2017-203
2017-208
2017-234
2017-217
2017-282
2017-299
2017-300
2017-379
2017-237
2017-373
2018-016
2018-246
2018-551
2018-574
2018-757
2018-891
5- 9-17
6- 6-17
4-21-15
7-18-17
7-18-17
7-28-17
8-15-17
8- 1-17
9-19-17
10-17-17
10-17-17
12- 5-17
8-15-17
11-20-17
1- 9-18
2- 6-18
4-17-18
4-17-18
5- 1-18
6-26-18
Included
Included
Included
Included
Included
Omitted
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
28
28
28
28
28
28
28
28
28
28
28
28
29
29
29
29
29
29
29
29
EXHIBIT “A”
2018-1043
2018-1045
2018-1123
2018-1376
2018-1531
2018-1839
2019-008
2019-391
2019-1156
2019-1160
DCA18-OO09q
2019-1777
2019-2026
2019-2128
2019-2136
2019-2243
2019-2291
2019-2439
6-26-18
6-26-18
11- 6-18
8-28-18
11- 6-18
11- 6-18
1-15-19
2-26-19
6- 4-19
6-18-19
4-23-19
8- 6-19
8-27-19
9-17-19
9-17-19
10- 8-19
9-24-19
11-19-19
Included
Included
Included
Included
Included
Omitted
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
29
29
29
29
29
29
30
30
30
30
30
30
30
30
30
30
30
30
i
i
I
EXHIBIT “A”
Chapter 30 - FLOOD PREVENTION AND PROTECTIONU
Footnotes:
–- (1) –-
Cross reference– Emergency management generally, Ch. 9; housing generally, Ch. 15; buildings and
building regulations generally, Ch. 28; issuance of building permit where flood hazard exists, S 28-29.
ARTICLE 1. - IN GENERAL
Sec. 30-1. - Statement of purpose.
It is the purpose of this chapter 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;
(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 infrastructure (buildings, streets, bridges) and utilities ( waterlines,
wastewater lines, electric lines, gas mains, and communication lines) located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood prone
areas; and
(7)Ensure the potential buyers are notified that property is in a flood area
(Code 1966, § 10%-1)
Sec. 30-2. - Objectives.
In order to accomplish its purposes, this chapter shall be applied, administered, and enforced as
follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
To restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or
that cause excessive increases in flood elevations or velocities;
To require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
To control the alteration of natural floodplains, stream channels and natural protective barriers
which are involved in the accommodation of floodwaters;
To control filling, grading, dredging and other development which may increase flood damage;
To prevent or regulate the construction of flood barriers which will increase flood hazards to
other lands;
No permit shall be issued for the construction, alteration, or improvement of any property within
a floodway or floodplain area, unless the permit shall comply with the terms hereof;
Areas within a floodplain, when dedicated to public use as open space, green belts, or
parkways or when permanently and irrevocably reserved as privately owned space, greenbelts,
or parkways, shall conform to the city's plan of development. Such land may be included in the
computation of open space as gross density requirements of this chapter.
EXHIBIT “A”
(Code 1966, § 10%-2)
Sec. 30-3. - Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted
to give them the meaning they have in common usage and to give this chapter its most reasonable
application .
Appeal means a request for a review of the city engineer's interpretation of any provision of this
chapter or a request for a variance.
Area of shallow flooding means a designated AO zone on a community's flood insurance rate map
(FIRM) with base flood depths from one (1) to three (3) 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 shallow flooding hazard is the land in the floodplain within a community subject to a one (1 )
percent or greater chance of flooding in any given year.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1 )
percent or greater chance of flooding in any given year, designated as zone AE.
Base flood , also known as the one-hundred-year flood, means the flood having a one (1) percent
chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE) is the elevation shown on the Flood Insurance Rate Map (FIRM) and
found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, Vl-V30, or
VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or
exceeding that level in any given year - also called the Base Flood.
City Engineer means the city engineer for the City of Denton or designee
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 - Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, paving, drainage or utilities. Development activities include:
subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs,
temporary uses, utilities, and other facilities; installation of septic systems; grading; excavation, mining or
drilling operations; dredging; deposit of refuse, debris, or fill materials; storage of equipment or materials;
and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as
permitted). Routine repair and maintenance activities are exempted. Elevated building means a non-
basement building
(1)
(2)
Built, in the case of a building in zones Al-3D, AE, A, A99, AO, AH, B, C, X, and D, to have the
top 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
Adequately anchored so as not to impair the structural integrity of the building of up to the
magnitude of the base flood. In the case of zones Al-30, AE, A, A99, AO, AH, B, C, X, and 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 floodwater.
Encroachment lines are limits of obstruction to flood flows. These lines are generally parallel to the
stream. The lines are established by assuming that the area landward (outside) of the encroachment lines
will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic
efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be
adequate to convey the regulatory flood without resulting in an increase in flood elevations of more than
one (1) foot
EXHIBIT “A”
Existing construction means, for the purposes of determining rates, structures for which the start of
construction commenced before August 1 , 1979.
Existing manufactured home park or subdivision means a manufactured home park or subdivision, in
which the construction of facilities servicing the lots upon which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads), was completed prior to August 1 , 1979, the effective date of the
floodplain management regulations adopted by the City of Denton
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
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; or
(2)The unusual and rapid accumulation or runoff of surface waters from any source
Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal
Insurance Administration, where the areas within the boundaries of special flood hazards have been
designated
Flood insurance rate map (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 risk premium
zones applicable to the community.
Flood insurance study means the official report provided by the Federal Insurance Administration
containing flood profiles, the water surface elevation of the base flood, and the flood hazard boundary
map
Flood Proofing means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents
Floodplain means the area designated as subject to flooding from the base flood (one-hundred-year
flood) on the flood insurance rate map. The floodplain includes the floodway.
Floodway - See Regulatory Floodway.Floodway fringe means the area located within the floodplain
and outside the floodway.
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.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(2)
(3)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a dIstrict preliminarily determined by the
Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
EXHIBIT “A“
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs
Levee means a manmade 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
Levee system means the flood protection system which consists of a levee 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 nonelevation design requirements of
this chapter and 44 C.F.R. 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 facilities. The term "manufactured home" does not include a "recreational vehicle.”
Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into
two (2) or more manufactured home lots for rent or sale,
Mean sea level, for purposes of the National Flood Insurance Program, means the National Geodetic
Vertical Data (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's
flood insurance rate map are referenced.
Minimum building elevation means the elevation to which uses regulated by this chapter are required
to be elevated or floodproofed. This elevation would be equal to the elevation that could be reached by
the regulatory flood if it occurred under conditions existing at the time the ordinance was passed, from
which this chapter is derived, plus eighteen (18) inches, plus the surcharge depth due to encroachments
permitted by the establishment of floodways, i.e., minimum building elevation equals regulatory flood
elevation, plus eighteen (18) inches, plus the surcharge depth as indicated in the flood insurance study.
New Construction . For the purpose of determining insurance rates, "new construction" means
structures for which the "start of construction" commenced on or after August 1 , 1979, the effective date
of the initial FIRM, including any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after August 1 , 1979, the effective date of the floodplain management regulation
adopted by the City of Denton, including any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
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 impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water or that is placed where the flow of water might carry
the debris downstream to the damage of life or property
Program deficIency means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
EXHIBIT “A”
regulations or of the standards contained in sections 60.3, 60.4, 60.5 or 60.6 of the National Flood
Insurance Program regulations.
Regulatory flood means a flood which is 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 in the order of the one-hundred-year
recurrence interval flood determined from an analysis of floods on a particular stream and other streams
in the same general region
Regulatory floodway means a river, channel, 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. Normally, the floodway will include the stream channel and that
portion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge
without cumulatively increasing the water surface elevation at any point more than one foot above that of
the pre-floodway condition, including those areas designated on the flood insurance rate map.
Remedy a violation means to bring the structure or other development into compliance with state or
local floodplain management regulations or, if this is not possible, to reduce the impact of its
noncompliance. Ways that impact may be reduced include protecting the structure or other effective
development from flood damages, implementing the enforcement provisions of this chapter or otherwise
deterring future similar violations, or reducing federal financial expenditure with regard to the structure or
other development.
Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less
when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently
towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
RIverIne means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc
Shaded X means floods mitigation event with a drainage area of less than one square mile
Start of construction includes substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
replacement or other improvement was within one hundred eighty (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 the 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 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 part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
Structure means anything constructed or erected, on the ground, or attached to the ground, including
but without limiting the generality of the foregoing, buildings, factories, sheds, cabins, manufactured
homes, and other similar items.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the
market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure
before the start of construction of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed. The term does not, however, include
either of the following
EXHIBIT “A”
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure
Market value determination, for the purposes of this definition, shall be made by the city engineer by
making a determination of the cost of repair, reconstruction, or improvement, who may consider
appraisals by the taxing district, information contained in the permit application, as well as other
information that may be available to the department or other resource
Surcharge depth means the vertical rise in base flood elevation due to encroachment of the floodway
fringe
Variance is a grant of relief to a person from the requirements of this chapter when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this chapter.
Violation means the failure of a structure or the development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the elevation
certificate or other certifications or other evidence of compliance required in 44 C.F.R. 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
Wafer 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
floodplains of coastal or riverine areas.
(Code 1966, § 10%-3; Ord. No. 2011-051, § 1, 4-5-11)
Sec. 30-4. - Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city
(Code 1966, § 10%-4)
Sec. 30-5. - Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in the
current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County,
Texas and Incorporated Areas" dated June 19, 2020, with flood insurance rate map (FIRM), dated June
19, 2020; and any revisions thereto are hereby adopted by reference and declared to be a part of this
chapter
(Code 1966, § 10%-5; Ord. No. 97-056, § 1, 3-4-97; Ord. No. 2011-051, § 2, 4-5-11)
Sec. 30-6. - Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this chapter and other applicable regulations.
(Code 1966, § 10%-7)
Sec. 30-7. - Abrogation and greater restrictions.
EXHIBIT “A”
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail
(Code 1966, § 10%-8)
Sec. 30-8. - Interpretation.
In the interpretation and application of this chapter, 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
(Code 1966, § 10%-9)
Sec. 30-9. - Warning and disclaimer of liability.
The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not
imply that land outside the areas of special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of the city or any officer
or employee thereof for any flood damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
(Code 1966, § 10%-10)
Secs. 30-10–30-30. - Reserved.
ARTICLE II. - ADMINISTRATION
Sec. 30-31. - Designation of city engineer.
The city engineer, or his/her designee, is hereby appointed to administer and implement the
provisions of this chapter.
(Code 1966, § 101/2-11)
Sec. 30-32. - Duties and responsibilities of the city engineer.
Duties and responsibilities of the city engineer, or his/her designee, shall include but not be limited to
the following
(1)
(2)
Maintain and hold open for public inspection all records pertaining to the provisions of this
chapter;
Review, and approve or deny, all applications for development permits required by section 30-
33 of this chapter;
(3) Review permits for proposed development to ensure that all necessary permits have been
obtained from those federal, state, or local governmental agencies (including Section 404 of the
EXHIBIT “A”
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior
approval is required;
(4)Where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazard, 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;
(5)
(6)
Ensure that maintenance is provided within the altered or relocated portion of the watercourse
so that the flood-carrying capacity is not diminished;
When base flood elevation data has not been provided in accordance with section 30-5, the
city engineer shall obtain, review, and reasonably 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 established through an engineering study, and this data
shall be used for requiring the lowest floor elevation to be eighteen (18) inches above the
encroached base flood elevation based on fully developed conditions.
(7)The city engineer shall maintain on record in the engineering department the elevation of the
lowest floor, including basement, of new and substantially improved structures in all special
flood hazard areas and within 200 feet of the SFHA with a FEMA Elevation Certificate.
(8) Review permit applications to determine whether the proposed building site project, including
the placement of manufactured homes, will be reasonably safe from flooding
(9) in riverine situations, notify adjacent communities, the Texas Water Development Board
(TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration
or relocation of a watercourse. and submit evidence of such notification to the Federal
Emergency Management Agency.
(10) The city engineer 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 at any point within the community, and that all provisions of
Denton Development Code Subchapters 7.4 and 7.5 are met.
(Code 1966, § 10%-12; Ord. No. 97-056, § I1, 3-4-97; Ord. No. 2011-051, § 3, 4-5-11)
Sec. 30-33. - Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this chapter.
(Code 1966, § 101/;-6)
Sec. 30-34. - Permit procedures.
(a)Application for a development permit required in this article shall be presented to the city engineer
on forms furnished by him/her and may include but not be limited to plans in triplicate drawn to scale
showing the location, dimensions, and elevation of proposed landscape alterations, existing and
proposed structures (including placement of manufactured homes), 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 or substantially improved structures as certified by a registered professional engineer
or registered public surveyor;
EXHIBIT “A”
(2)
(3)
(4)
Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed ;
A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the ftoodproofing criteria of section 30-53(b);
Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development;
(5)Typical valley cross sections showing the channel of the stream, elevation of land areas
adjoining each side of the channel, cross-sectional areas to be occupied by the proposed
development, and high-water information;
(6)Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or
storage elevations; size, location, and special arrangement of all proposed and existing
structures on the site; location and elevations of streets, water supply, sanitary facilities;
photographs showing existing land uses and vegetation upstream and downstream; soil types;
and other pertinent information;
(7)Profile showing the slope of the bottom of the channel or flow line of the stream;
(8)SpecIfications for building construction and materials, floodproofing, filling, dredging, grading,
channel improvement, storage of materials, water supply, and sanitary facilities;
(9) For subdivisions of three (3) or more acres or thirty (30) lots or more, whichever is less, the
base flood elevations of such subdivisions must be developed by the builder and this data will
be utilized to regulate development within the area;
(10) For areas outside identified flood hazard areas, the elevation shall be that which is required
by chapter 29-07 of the Uniform Building Code which requires a minimum six-inch elevation
above adjacent ground to compensate for loss of stormwater storage or drainage areas
The City Engineer shall maintain a record of all such information
(b) Approval or denial of a development permit by the city engineer shall be based on all of the
provisions of this chapter and the following relevant factors:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
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;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
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
(Code 1966, § 10%-14)
Sec. 30-35. - Variance procedures.
EXHIBIT “A”
(a)
(b)
The board of adjustment, as established by the city council, shall hear and render judgment on
requests for variance from the requirements of this chapter.
The 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 city engineer, or his/her
designee, in the enforcement or administration of this chapter
(C)
(d)
(e)
Any person aggrieved by the decision of the board of adjustment may appeal such decision in the
court of competent jurisdiction
The city engineer shall maintain a record of all actions involving an appeal and shall report
variances to the Federal Insurance Administration upon request,
Variances may be issued for the repair or rehabilitation of historic structures upon a determination
that (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as
a historic structure and (ii) the variance is the minimum necessary to preserve the historic character
and design of the structure.
(D Generally, variances may be issued for new 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 30-51(c)
have been fully considered. As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(f) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board
may attach such conditions to the granting of variances as it deems necessary to further the purpose and
objectives of this ordinance (Section 30-1).
(g) Variances shall not be issued within any designated floodway if any increase in flood levels during
the base flood discharge would result.
(h) Prerequisites for granting variances shall be as follows:
(1) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief;
(2)Variances shall only be issued upon the following
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the
applicant; and
C.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;
(3) Any applicant to whom 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 reduced lowest floor elevation.
(i)a) Variances may be issued by a community 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 Section 30-35 (a)-(h) 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
EXHIBIT “A”
(Code 1966, § 10%-15)
Secs. 30-36–30-50. - Reserved.
ARTICLE III. - STANDARDS FOR FLOOD HAZARD REDUCTION
Sec. 30-51. - Zoning map flood area designations.
(a)Applicability; districts; boundaries.
(1) The provisions of this section shall apply to all lands within the city irrespective of zoning district
classification
(2)
(3)
(4)
The floodplain areas within the jurisdiction of this chapter are hereby divided into two (2)
districts: floodway and floodway fringe.
There shall be superimposed upon the official zoning map the floodplain designation, as
determined by the flood insurance study and report.
The outer boundary of the floodway fringe at any point shall correspond to the base flood
elevation as obtained by flood routing procedure. Minimum finished floor elevations for buildings
within the floodway fringe and within 200 ft of the SFHA boundary shall be determined by
adding eighteen (18) inches of freeboard to the base flood elevation based of fully developed
conditions or 30” above the BFE as indicated in the flood insurance study.
(5)The boundary of a floodway shall correspond to the floodway encroachment lines. Boundaries
of a floodway shall be determined by scaling distances on the official zoning map. On the
ground the floodway encroachment line shall be located by measuring distances perpendicular
from the floodway centerline.
(6)In cases where floodway encroachment lines have not been delineated, the area below the
minimum building elevation shall be designated in the floodway until the encroachment lines
can be determined
(7) Where interpretation is necessary as to the exact location of the boundaries of the floodplain 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 adjustment after hearing testimony from all interested parties.
(b)Floodway uses. No use of land shall be permitted in a floodway unless:
(1)
(2)
(3)
The use is permitted within the zoning district in which it is situated;
Such use is not prohibited by any other ordinance; and
The use does not require structures, fill, or the storage of materials or equipment; provided,
however, that the following uses, when otherwise permitted within the zoning district in which
the uses are situated, shall be permitted upon application to the city engineer for a development
permit, as provided in section 30-34 of this chapter, upon proof of compliance with this chapter:
a. Accessory uses or structures;
b. Circuses, carnivals, and similar transient outdoor amusement enterprises;
c. Marinas, boat rentals, docks, piers, and wharfs;
d. Railroads, streets, bridges, utility transmission lines, and pipelines; and
e. Other uses, similar in nature, which are consistent with the provisions of this chapter.
(C)Floodway frInge uses. No use of land shall be permitted in a floodway fringe unless:
(1)The use is permitted within the zoning district in which it is situated;
EXHIBIT “A”
(2)
(3)
Such use is not prohibited by any other ordinance; and
The use does not require structures, fill, or the storage of materials or equipment, other than
the following uses:
a.
b.
Any use permitted in this section;
Any other nonstructural use, provided that the use is elevated above the minimum building
elevation and that a determination has first been made by the city engineer that such use
will not unduly restrict the capacity of the channels or floodway of tributaries to the main
stream, drainage ditches, or any other drainage facilities or systems;
C.Structures constructed on fill, provided the first floor or basement floor is above the
minimum building elevation. Such nII 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 fifteen (15) feet beyond the limits of any
structure or building erected thereon; and
d The following uses and structures shall be permitted only upon issuance of a development
permit by the board of adjustment as provided in section 30-34 and subject to the following
provISIons:
1
2
Nonresidential structures, if adequately floodproofed as approved by the city engineer
to a point above the regulatory flood protection elevation; and
Uses listed in this section and other similar uses which will not be subject to
substantial 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 times of flood. The board may in the development permit allow such
uses to be located at an elevation below the regulatory flood protection elevation
(Code 1966, § 10%-13)
Sec. 30-52. - General standards.
In all areas of special flood hazards the following provisions are required:
(1)All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy
(2)
(3)
(4)
(5)
(6)
(7)
All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
All new construction or substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage
All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
New and replacement sanitary sewerage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharges from the system into floodwaters
Onsite waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding
Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding. All exterior equipment shall be elevated
eighteen (18) inches above the base flood elevation
EXHIBIT “A”
(8)For all new construction and substantial improvements, 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
must meet or exceed the following minimum criteria:
a.
b
C.
d
A minimum of two (2) openings having a total net area of not less than one (1) square inch
for every square foot of enclosed area subject to flooding shall be provided
The bottom of all openings shall be no higher than one (1) foot above grade.
Openings may be equipped with screens, louvers, or other coverings or devices, provided
they permit the automatic entry and exit of floodwaters.
The area is useable solely for parking of vehicle, building access, or storage
(Code 1966, § 10%-16)
Sec. 30-53. - Specific standards.
(a) Residential construction. New construction or substantial improvement of any residential structure
within 200 feet of the SFHA boundary shall have the lowest floor, including basement, elevated
eighteen (18) inches above the one-hundred-year water surface elevation based on fully developed
conditions in the appropriate flood insurance study or thirty inches (30”) above the BFE as indicated
in the flood insurance study or, if the BFE is unavailable, one-hundred-year flood elevations based on
ultimate development watershed conditions. A registered professional engineer, architect, or land
surveyor shall submit a FEMA Elevation Certification to the city engineer, in accordance with section
30-34(a)(1), that the standard of this subsection is met,
(b)Nonresidential constructIon. New construction or substantial improvement of a commercial,
industrial, or other nonresidential structure shall have the lowest floor, including any basement,
elevated eighteen (18) inches above the one-hundred-year water surface elevation based on
encroached stream conditions as shown in the appropriate flood insurance study, or this
construction, together with attendant utility and sanitary facilities, shall be floodproofed so that the
structure is watertight to eighteen (18) inches above the encroached base flood level with walls
substantially impermeable to the passage of water and structural components have the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If the flood insurance
study does not include the property, the required one-hundred-year water surface elevations shall be
based on ultimate development watershed conditions. A registered professional 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 subsection are met.
(C)Manufactured homes
(1)All manufactured homes to be placed or substantially improved within zone A on a community’s
FHBM or FIRM shall be installed using methods and practices which minimize flood damage.
For purposes of this requirement, manufactured homes must be elevated and anchored to resist
flotation. 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,
(2)All manufactured homes to be placed or substantially improved within zones Al-30, AH, AE,
and Shaded X shall be elevated on a permanent foundation so that the lowest floor of the
manufactured home is at least thirty (30) inches above the base flood elevation found in the
current Hood insurance study, or, if no flood insurance study is available, eighteen (18) inches
above the base flood elevations, as determined using ultimate development watershed
conditions, and shall be securely anchored to an adequately anchored foundation in accordance
with all tie-down requirements imposed by state law or city ordinance.
EXHIBIT “A”
(3) All manufactured homes not otherwise subject to the requirements of subsection 30-53(c)(1) or
(c)(2) shall, if placed or substantially improved on sites within an existing manufactured home
park or subdivision located within zones Al-30, AH, or AE of the FIRM, be elevated so that
either
(i)The lowest floor of the manufactured home is elevated thirty (30) inches above the base
flood elevation found in the current flood insurance study, or, if no flood insurance study is
available, eighteen (18) inches above the base flood elevations, as determined using
ultimate development watershed conditions; or
(ii)The manufactured home chassis is supported by reinforced piers, or other foundation
elements of equal or greater strength, with the lowest floor of the manufactured home
elevated at least thirty-six (36) inches above grade, and securely anchored to a foundation
system sufficient to resist flotation, collapse, and lateral movement in accordance with all
tie-down requirements imposed by state law or city ordinance
(d) Recreational vehicles. All recreational vehicles placed on sites within zones Al-30, AH, and AE on
the community's FIRM shall either:
(1)Be on the site for fewer than one hundred eighty (180) consecutive days;
(2) Be fully licensed and ready for highway use; or
(3) Meet the permit requirements of section 30-34(a) and the elevation and anchoring requirements
specified for "manufactured homes" in subsection 30-53(c)
A recreational vehicle is ready for highway use if it is on its wheels orjacking system is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
(Code 1966, § 10%-17; Ord. No. 90-058, § I1, 4-3-90; Ord. No. 97-056, § III, 3-4-97; Ord. No.
2011-051, § 4, 4-5-11)
Sec. 30-54. - Standards for subdivision proposals.
(a)
(b)
(C)
(d)
(e)
All subdivision proposals shall be consistent with sections 30-2, 30-3, and 30-4 of this chapter
All proposals for the development of subdivisions shall meet development permit requirements of
sections 30-33 and 30-34 and the provisions of this article.
Base flood elevation data shall be generated for subdivision proposals and other proposed
development which is greater than the lesser of twenty (20) lots or three (3) acres, if not otherwise
provided pursuant to section 30-5 or 30-32(6).
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards or as outlined in the storm sewer ordinance of the city.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage.
(Code 1966, § 10%-18)
Sec. 30-55. - Standards for areas of shallow flooding (AO zones).
Located within the areas of special flood hazard established in section 30-5 are areas designated as
areas of shallow flooding. These areas have special flood hazards associated with base flood depths of
one (1) to three (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:
EXHIBIT “A”
(1)All new construction and substantial improvements of residential structures shall have the
lowest floor, including basement, elevated to the top of the curb of the nearest street plus the
depth number specified in the community's FIRM. If the building site is not located adjacent to a
street, the lowest floor, including the basement, must be elevated a minimum of one (1) foot,
plus the depth specified on the community’s FIRM, above the highest adjacent existing ground
elevation of the site. Fill for landscaping around the elevated structure will be limited to provide
adequate drainage capacity by utilizing channelization methods that adequately route the water
through the property.
(2)All new construction and substantial improvements of nonresidential structures shall:
a. Have the lowest floor, including basement, elevated above the top of the curb of the
nearest street plus the depth number specified on the FIRM; or
b Together with attendant utility and sanitary facilities, be completely floodproofed to or about
that level referenced in subsection (2)a of this section 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.
(3)A registered professional engineer or architect shall submit a certification to the city engineer
that the standards of this section, as proposed in section 30-51 (a)(1) are satisfied
(Code 1966, § 10%-19)
Sec. 30-56. - Floodways
Floodways, located within areas of special flood hazard established Section 30-5 above, 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 development within the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels within the community during the
occurrence of the base flood discharge;
(2) if Section 30-56 (1) above is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Section 30-56
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program Regulations, a community may permit encroachments within the adopted regulatory floodway
that would result in an increase in base flood elevations, provided that the community first completes all of
the provisions required by Section 65.12.
Sec. 30-57. - Severability
If any section, clause, sentence, or phrase of this Article of the Code of Ordinances is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Article,
Sec. 30-58. - Penalties for non-compliance
Violation of the provisions of this Article by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall constitute a
EXHIBIT “A”
misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $500 for each violation, and in addition shall pay all costs
and expenses involved in the case. Nothing herein contained shall prevent the city from taking such
other lawful action as is necessary to prevent or remedy any violation