21-2202ORDINANCE NO. 21-2202
AN ORDINANCE OF THE CITY OF DENTON REPEALING AND REPLACING
CHAPTER 30, TITLED "FLOOD PREVENTION AND PROTECTION," OF THE
DENTON DEVELOPMENT CODE, CODIFIED AS SUBPART B 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 and has previously promulgated Chapter 30, Flood Prevention and Protection, of the
Denton Development Code, codified as Subpart B of the Code of Ordinances ("Chapter 30") based
on the countywide Flood Insurance Study ("FIS") report and Flood Insurance Rate Map ("FIRM"),
dated June 19, 2019, and prepared by the Federal Emergency Management Agency ("FEMA") in
furtherance of that goal; and
WHEREAS, on May 13, 2020, FEMA notified the City of information which was omitted
from Chapter 30, Flood Prevention and Protection adopted on May 5, 2020; and
WHEREAS, FEMA requires that the City revise Chapter 30 to include the omitted
information including: a citation of statutory authority for regulating land use, updated definition
for area of special flood hazard, and drainage path requirements within Zones AH or AO. These
changes are a condition of continued eligibility in the National Flood Insurance Program ("NFIP");
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 recitals in the preamble of this Ordinance are true and correct and
incorporated 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 in its entirety and and replaces it 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 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.
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.
The motion to approve this ordinance was made by A1;50 A �gV; Ce and
seconded by _ s! � C, nbe-oe-- , the ordinance was passe and approved by
the following vote [ 'I - 0 ] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
r�
Brian Beck, District 2:
Jesse Davis, District 3:
s%
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of 00 G , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK RE WAND, CITY ATTORNEY
BY:
GERARD HUDSPETH, MAYOR
Subpart B - LAND DEVELOPMENT CODE
L:rii li wl I tChapter 30 FLOOD PREVENTION AND PROTECTION
Chapter 30 FLOOD PREVENTION AND PROTECTION"
ARTICLE 1. IN GENERAL
Sec. 30-1. Statutory Authority.
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section
16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood
losses. Therefore, the City Council of the City of Denton, Texas has ordained this chapter.
Sec. 30-2. 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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-3. Objectives.
In order to accomplish its purposes, this chapter shall be applied, administered, and enforced as follows:
(1) 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;
(2) To require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
'Cross reference(s)—Emergency management generally, Ch. 9Cross references)---; housing generally, Ch. 15Cross
reference(s)—; buildings and building regulations generally, Ch. 28Cross references)—; issuance of building
permit where flood hazard exists, § 28-29Cross reference(s)
Denton, Texas, Code of Ordinances
(Supp. No. 32, Update 1)
Page 1 of 17
Created: 2021-05-11 15:25:31 [EST]
(3) To control the alteration of natural floodplains, stream channels and natural protective barriers which
are involved in the accommodation of floodwaters;
(4) To control filling, grading, dredging and other development which may increase flood damage;
(5) To prevent or regulate the construction of flood barriers which will increase flood hazards to other
lands;
(6) 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;
(7) 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.
(Code 1966, § 10YZ-2; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-4. 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 shallowflooding 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. The area may be designated as zone A on the FHBM. After detailed
ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is
refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, V0, or V1-30, VE, or V.
For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard".
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, V1 -V30, or VE that indicates the water
surface elevation resulting from the flood that has a one (1) percent 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 means 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
(Supp. No. 32, Update 1)
Page 2of17
Created: 2021-05-11 15:25.30 [FSTI
14 erj"
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) Built, in the case of a building in zones Al -3D, AE, A, A99, A0, AM, 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
(2) 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, A0, 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.
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 orsubdivision 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 orsubdivision 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".
(Supp. No. 32, Update 1)
Page 3 of 17
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EXHIBIT "A"
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 Secy etary of the Interior as meeting the requirements for
individual listing on the National Register,
(2) 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;
(3) 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
(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. 603 of
the National Flood Insurance Program regulations.
Manufactured home means a structure, transportable in one (1) 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 arsubdivision 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
(Supp. No. 32, Update 1)
Page 4 of 17
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EXHIBIT "A" I
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 orsubdivision 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 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 (1) 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) four hundred (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 (1) 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
(Supp. No. 32, Update 1)
Page 5 of 17
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[FXHIBI"I 11A1!
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:
(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.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of
1929 or other datum where specified, of floods of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(Code 1966, § 10%-3; Ord. No. 2011051, § 1, 4-5-11; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
(Supp. No. 32, Update 1)
Page 6 of 17
Created: 2021-05-11 15:25:30 [EST]
arr ' ro ar
Is , I i' ,, I i ,P,
Sec. 30-5. 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%2-4; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-6. 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%2-5; Ord. No. 97-056, § I, 3-4-97; Ord. No. 2011-051, § 2, 4-5-11; Ord. No. 20-881, § 2(Exh. A), 5-
5-20)
Sec. 30-7. 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%2-7; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-5. Abrogation and greater restrictions.
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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-9. 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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-10. 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.
(Supp. No. 32, Update 1)
Page 7 of 17
Created: 2021-05-11 15:25:30 [EST]
EXHIBIT "A"
(Code 1966, § 10%-10; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Secs. 30-11-30-30. Reserved.
ARTICLE 11. ADMINISTRATION
Sec. 30-31. Designation of city engineer.
The city engineer, or designee, is hereby appointed to administer and implement the provisions of this
chapter.
(Code 1966, § 10%-11; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-32. Duties and responsibilities of the city engineer.
Duties and responsibilities of the city engineer, or designee, shall include but not be limited to the following;
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter;
(2) 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 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) Ensure that maintenance is provided within the altered or relocated portion of the watercourse so that
the flood -carrying capacity is not diminished;
(6) 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 two hundred (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.
Created: 2021-05 11 15:25:31 [EST]
(Supp. No. 32, Update 1)
Page 8 of 17
(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, § II, 3-4-97; Ord. No. 2011-051, § 3, 4-5-11; Ord. No. 20-881, § 2(Exh, A),
5-5-20)
Sec. 30-33. Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this chapter.
(Code 1966, § 10%:-6; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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 the City and may include but not be limited to plans and/or plats electronically submitted and
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,
(2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed
structure shall meet the floodproofing criteria of section 30-53(b);
(4) 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 or 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;
(Supp. No. 32, Update l)
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(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;
(11) For Zones AH or A0, adequate drainage paths around structures on slopes, to guide flood waters
around and away from proposed structures must be provided and shown.
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) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) The costs of providing governmental services during and after flood conditions, including maintenance
and repair of streets and bridges, and public utilities and facilities, such as sewer, gas, electrical and
water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the 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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-35. Variance procedures.
(a) 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.
(b) 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) Any person aggrieved by the decision of the board of adjustment may appeal such decision in the court of
competent jurisdiction.
(d) The city engineer shall maintain a record of all actions involving an appeal and shall report variances to the
Federal Insurance Administration upon request.
(e) 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.
(Supp. No. 32, Update 1)
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EXHIBIT "A"
(f) 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.
(g) Up on consideration of the factors noted above and the intent of this chapter, the appeal board may attach
such conditions to the granting of variances as it deems necessary to further the purpose and objectives of
this chapter (section 30-1).
(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base
flood discharge would result.
(i) 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;
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.
(j) 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.
(Code 1966, § 10%-15; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Secs. 30-36-30-50. Reserved.
ARTICLE /it. 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) The floodplain areas within the jurisdiction of this chapter are hereby divided into two (2) districts:
floodway and floodway fringe.
(Supp. No. 32, Update 1)
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(3) There shall be superimposed upon the official zoning map the floodplain designation, as determined by
the flood insurance study and report.
(4) 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 two hundred (200) feet 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 thirty (30) inches 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) The use is permitted within the zoning district in which it is situated;
(2) Such use is not prohibited by any other ordinance; and
(3) 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;
(2) Such use is not prohibited by any other ordinance; and
(3) The use does not require structures, fill, or the storage of materials or equipment, other than the
following uses:
Any use permitted in this section;
b. 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 fill shall be made to an elevation no lower than one (1) foot below the
(Supp. No. 32, update 1)
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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. Nonresidential structures, if adequately floodproofed as approved by the city engineer to a
point above the regulatory flood protection elevation; and
2. 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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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) All new construction or substantial improvements shall be constructed by methods and practices that
minimize flood damage.
(3) All new construction or substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration
of floodwaters into the system.
(5) 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.
(6) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
(7) 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.
(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. 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.
b. The bottom of all openings shall be no higher than one (1) foot above grade.
(Supp. No. 32, Update 1)
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EXHIBIT "A"
C. 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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-53. Specific standards.
(a) Residential construction. New construction or substantial improvement of any residential structure within
two hundred (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 (30) inches 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 ane -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 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, and shall be securely anchored to an
adequately anchored foundation in accordance with all tie -down requirements imposed by state law or
city ordinance.
(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,
Created: 2021-05-11 15:25:31 [EST]
(Supp. No. 32, Update 1)
Page 14 of 17
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, § II, 4-3-90; Ord. No. 97-056, § III, 3-4-97; Ord. No. 2011-051, § 4, 4-5-11;
Ord. No. 20-881, § 2(Exh. A), 5-5-20)
Sec. 30-54. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with sections 30-2, 30-3, and 30-4 of this chapter.
(b) 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.
(c) 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).
(d) 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.
(e) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(Code 1966, § 10%-18; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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:
(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
(Supp. No. 32, Update 1)
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EXHIBIT "A"
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
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; Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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.
( Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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.
( Ord. No. 20-881, § 2(Exh. A), 5-5-20)
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 misdemeanor.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof,
(Supp, No. 32, Update 1)
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EXHIBIT "N'
be fined not more than five hundred dollars ($500.00) 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.
( Ord. No. 20-881, § 2(Exh, A), 5-5-20)
(Supp. No, 32, Update 1)
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