22-2064ORDINANCE NO. 22-2064
AN ORDINANCE OF THE CITY OF DENTON REPEALING AND REPLACING THEENTIRETY OF CHAPTER 30, TITLED 'tFLOOD PREVENTION AND PROTECTION,"CODIFIED AS SUBPART B OF THE CITY OF DENTON CODE OF ORDINANCES;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FORVIOLATIONS THEREOF; PROVIDING A REPEALER CLAUSE; PROVIDING FORCODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING ANEFFECTIVE 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
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 April 18, 2011 andJune 19, 2020, and prepared by the Federal Emergency Management Agency ("FEMA") in
furtherance of that goal; and
WHEREAS, the City contracted with a floodplain management consultant to review
Chapter 30 and proposes revisions in order to help (1) clarify the intent of Chapter 30, (2) identify
and eliminate any discrepancies between Chapter 30 and other development criteria, and (3)
maximize the City’s Community Ratting System (“CRS”) score in order to reduce the cost of flood
insurance for all residents; and
WHEREAS, the City Council finds it is in the public interest to better protect critica i
facilities that represent a substantial hazard to human life in the event of failure from flooding by
requiring that such facilities be elevated or restricted from areas subject to the 500-year flood; and
WHEREAS, the City Council finds it is in the public interest to ensure that new or
substantially improved structures within the floodplain with enclosed areas below the lowest floor
that are subject to flooding from the 100-year storm be restricted from being used for humanhabitation without first becoming fully compliant with Chapter 30; 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. Chapter 30 of the City of Denton Code of Ordinances entitled "Flood
Prevention and Protection," is repealed in its entirety and replaced with the following:
“Chapter 30 FLOOD PREVENTION AND PROTECTION
ARTICLE I. 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 provisionsdesigned to:
(1) Protect human life and health;
(2)
(3)
(4)
(5)
(6)
(7)
Minimize expenditure of public money for costly flood control projects;
Minimize the need for rescue and relief efforts associated with flooding and generallyundertaken at the expense of the general public;
Minimize prolonged business interruptions;
Minimize damage to public infrastructure (buildings, streets, bridges) and utilities
(waterlines, wastewater lines, electric lines, gas mains, and communication lines)located in floodplains;
Help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
Ensure the potential buyers are notified that property is in a flood area.
Sec. 30-3. Objectives.
In order to accomplish its purposes, this chapter shall be applied, administered, andenforced as follows:
(1)
(2)
(3)
(4)
(5)
To restrict or prohibit uses that are dangerous to health, safety, or property in times offlood 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 offloodwaters;
To control filling, grading, dredging and other development which may increase flooddamage;
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 theterms 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
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.
,4rea 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/Al-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or VI-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" and may be referred to as “SFHA”.
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,
V 1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one
(1) percent chance ofequaling or exceeding that level in any given year - also called the baseflood
City engineer means the city engineer for the City of Denton or designee.
Critical facility means a structure or other improvement that, because of its function, size,
service area, or uniqueness, has the potential to cause serious bodily harm, extensive property
damage, or disruption of vital socioeconomic activities if it is destroyed or damaged or if its
functionality is impaired. For the purposes of these regulations, there shall be a distinction
between two risk categories of critical facilities as defined by the adopted International BuildingCode
(1) Risk Category III critical facilities represent a substantial hazard to human life in the
event of failure such as educational facilities, day care facilities, wastewater treatment
facilities, and/or other public utility facilities.
(2) Risk Category IV critical facilities that are designated as essential facilities such as fire,
rescue, ambulance, and police stations; emergency shelters; and/or water storagefacilities.
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 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, 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
(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, 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 unimpededmovement 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 manIacfactured 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 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.
Mood 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 proofrng 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 one-hundred-year
frequency floods. The floodplain includes the floodway.
Floodway. See "regulatory floodway".
Flood\yay 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)
(2)
(3)
(4)
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;
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
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.
Increased Cost of Compliance (ICC) means coverage through the National Flood Insurance
Program (NFIP) that provides payment of up to $30,000 to substantially damaged properties to
help cover the cost of mitigation activities that will reduce the risk of future flood damage to a
building if all of the following for the structure are met:
( 1) The structure is covered by an insurance policy through the (NFIP);
(2) The structure must have suffered flood damage on at least two occasions in a 10-year period
ending on the day of the second loss;
(3) The cost to repair the flood damage, on average, equals or exceeds 259/8 of the market value
of the building at the time of each of the two flood losses, or cumulatively total 50% of the
pre-flood market value (a value less than 50'7, for substantial damage does not qualify for
ICC), as defined by the local floodplain ordinance, and;
(4) in addition to the claim requesting ICC, the NFIP must have paid a previous qualifyingclaim
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 (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 or subdivision means a parcel or contiguous parcels of land
divided into two (2) or more manufactured home lots for rent or sale.
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.
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 buddIng elevation means the elevation to which uses regulated by this chapter are
required to be elevated or floodproofed. This elevation would be equal eighteen (18) inches
above the one-hundred-year water surface elevation based on fully developed conditions or thirty
(30) inches above the BFE as indicated in the flood insurance study or, if the BFE is unavailable,
thirty (30) inches above the one-hundred-year flood elevation based on current developmentwatershed conditions.
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 ’'startof 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 improvementsto 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
regulations or of the standards contained in Section 60.3, 60.4, 60.5 or 60.6 of the National Flood
Insurance Program regulations.
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, orseasonal use.
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 floodw ay 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.
Repetitive loss means a building covered by a contract for flood insurance that has incurred
flood-related damages on two occasions during a 10-year period ending on the date of the event
for which a second claim is made, in which the cost of repairing the flood damage, on the
average, equaled or exceeded 25 percent of the market value of the building at the time of eachsuch flood event.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
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 mainstructure. 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 (including repetitive loss structures), the cost of which equals orexceeds 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 thefollowing:
( 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.
Parlance 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.
Sec. 30-5. Lands to which this chapter applies.
This chapter shall apply to all one-hundred-year and five-hundred-year floodplains, and
City defined buffer areas as referenced in Article III, Section 30-51 (a)(4) and Article III, Section
30-53 (Specific Standards) of this Code, including but not limited to areas of special flood
hazard, within the jurisdiction of the city.
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 April 18, 2011 and June 19, 2020, with
flood insurance rate map (FIRM), dated April 18, 2011 and June 19, 2020; and any revisions
thereto are hereby adopted by reference and declared to be a part of this chapter.
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.
Sec. 30-8. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair easements, covenants,
agreements, or deed restrictions, which may independently impose separate limitations.
However, where this chapter and other easements, covenants, agreements, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
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.
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.
Furthermore, the city shall not be liable for flood damages including but not limited to damages
to persons or property arising from such flooding.
Secs. 30-11–30-30. Reserved.
ARTICLE II. 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.
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)
(2)
(3)
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;
Review permits for proposed development to ensure that all necessary permits have
been obtained from those federal, state, or local governmental agencies (includingSection 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334) from which prior approval is required;
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 lnterpretatron;
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 30-6,
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
(4)
(5)
(6)
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 one-hundred-year flood
elevation shall be established through an engineering study, and this data shall be used
for requiring the lowest floor elevation to meet or exceed the minimum buildingelevation.
(7) Maintain on record in the engineering department the elevation of the lowest floor,
including basement, of new and substantially improved structures within the floodwayfringe or within two hundred (200) feet of the floodplain or SFHA with a FEMAElevation 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), priorto any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
( 10) The City requires that no new construction, substantial improvements, or other
development (including fill for areas draining greater than one square mile) shall be
permitted within the 100 year floodplain, 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 one-hundred-year water surface
elevation at any point within the community, and that all provisions of Denton
Development Code Subchapters 7.4 and 7.5 are met.
Sec. 30-33. Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this
chapter.
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. This chapter controls and supersedes any language within a piat or
specific development permit that is less stringent. 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 registeredprofessional engineer or registered public surveyor;
(2) Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
(3)
(4)
(5)
(6)
A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing 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;
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 theproposed development and high-water information;
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;
Profile showing the slope of the bottom of the channel or flow line of the stream;
Specifications for building construction and materials, floodproofing, filling, dredging,
grading, channel improvement, storage of materials, water supply and sanitaryfacilities;
(7)
(8)
(9) For subdivisions of three (3) or more acres or thirty (30) lots or more, whichever is
less, the one-hundred-year water surface elevations of such subdivisions must be
developed by the builder and this data will be utilized to regulate development withinthe area;
( 10) For areas outside identified flood hazard areas, the finished floor elevation shall be a
minimum of six-inches above highest adjacent grade to compensate for loss ofstormwater storage or drainage areas; and
(11) For Zones AH or AO, 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 theprovisions 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 theeffect 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 emergencyvehicles;
(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; and
( 10) The relationship of the proposed use to the comprehensive plan for that area.
Sec. 30-35. Variance procedures.
(a)
(b)
(C)
(d)
(e)
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.
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.
(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 one-hundred-year water surface 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 variancelrlcreases
(g)
(h)
(1)
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).
Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
Prerequisites for granting variances shall be as follows:
(1)
(2)
Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief;
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 one-hundred-year water surface elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from the reducedlowest floor elevation.
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(ab(h) are met, and(ii) the structure or other development is protected by methods that minimize flood damages
during the one-hundred-year flood and create no additional threats to public safety.
Secs. 30-36––30-50. Reserved.
ARTICLE III. STANDARDS FOR FLOOD HAZARD REDUCTION
Sec. 30-5 1. 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.
(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 one-
hundred-year floodplain as obtained by flood routing procedure. Minimum finished
floor elevations for buildings within the floodway fringe and within two hundred (200)
feet of the floodplain or SFHA boundary shall be determined by adding eighteen (18)
inches offreeboard to the one-hundred-year water surface elevation based of fully
developed conditions or thirty (30) inches above the one-hundred-year water surface
elevation 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 fioodway encroachment line shall be located bymeasuring distances perpendicular from the floodway centerline.
In cases where floodway encroachment lines have not been delineated, the entire
floodplain shall be designated as the floodway until the encroachment lines can bedetermined
(6)
(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;
Circuses, carnivals, and similar transient outdoor amusement enterprises;
Marinas, boat rentals, docks, piers, and wharfs;
Railroads, streets, bridges, utility transmission lines, and pipelines; and
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:
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; and
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:
C.
1
2
Nonresidential structures, if adequately floodproofed as approved by the city
engineer to a point at or above the minimum building 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.
Sec. 30-52. General standards.
In all areas of one-hundred-year floodplains 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 offloodwaters into the system.
(5) All new and replacement sanitary sewerage systems shall be designed to minimize or
eliminate infiltration offloodwaters into the system and discharges from the systeminto floodwaters.
(6)
(7)
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 at or above the minimum building
elevation so as to prevent water from entering or accumulating within the components
during conditions of flooding.
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 offloodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the followingrnlnrrnurn crIterIa:
(8)
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.
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 offioodwaters.
The area is useable solely for parking of vehicle, building access, or storage.
Owner(s) of new and substantially improved buildings shall be required to sign a
non-conversion agreement that must be filed with the deed. These enclosures shall
be subject to annual inspections by the Building Inspection Department.
(9)All new and substantially improved risk category III critical facilities, as defined by theadopted International Building Code, shall be protected to at least one foot above the
500-year floodplain. All new and substantially improved risk category IV critical
facilities, as defined by the adopted IBC, shall be prohibited from the 500-year
floodplain.
( 10) All new construction or substantial improvements shall comply with the city’s
Stormwater Criteria Manual, the Integrated Stormwater Management Manuals, and
related city guidance documents/policies, as same may be updated and amended fromtime to time.
Sec. 30-53. Specific standards.
(a)Residential construction. New construction or substantial improvement of any residential
structure within the floodway fringe or within two hundred (200) feet of the floodplain orSFHA boundary shall have the lowest floor, including basement, elevated at or above the
minimum building elevation. A registered professional engineer, architect, or land surveyor
shall submit a FEMA Elevation Certification to the city engineer, in accordance withsection 30-34(a)(1), that the standard of this subsection is met.
(b)Nonresiderltial construction. New construction or substantial improvement of a commercial,
industrial, or other nonresidential structure within the floodway fringe or within two
hundred (200) feet of the floodplain or SFHA boundary shall have the lowest floor,
including any basement, elevated at or above the minimum building elevation, or this
construction, together with attendant utility and sanitary facilities, shall be floodproofed so
that the structure is watertight to an elevation at or above the minimum building elevation
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 to thirty (30) inches above an estimate of the one-hundred-year water
surface elevation as determined by the mapped extent of the A zone and anchored toresist 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.
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 one-hundred-year water surface elevations, as
determined using fully developed 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.
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 withinan existing
manufactured home park or subdivision located within zones Al-30, AH, or AE of the
FIRM, be elevated so that either:
(2)
(3)
(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 one-hundred-year
water surface elevations, as determined using fully developed watershedconditions; 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 bystate 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 anchoringrequirements 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 and is
attached to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions.
Sec. 30-54. Standards for Plats.
(a)
(b)
(C)
All plats shall be consistent with sections 30-2, 30-3, and 30-4 of this chapter.
All plats shall meet development permit requirements of sections 30-33 and 30-34 and the
provisions of this article.
One-hundred-year water surface elevation data shall be generated for plats 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 30-6 or 30-32(6).
(d)
(e)
(f)
All plats shall have adequate drainage provided to reduce exposure to flood hazards or as
outlined in the storm sewer ordinance of the city.
All plats shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
The property owner is responsible for maintaining compliance with the requirements underthis section, including city’s Stormwater Criteria Manual, the Integrated Stormwater
Management Manuals, and related city guidance documents/policies, as same may be
updated and amended from time to time. As a part of all plats provided under this chapter,
the owner shall hold the city harmless from and against any damages to persons, to the
owner's lot, or any other affected lot. Such own9r is responsible for any silt, soil, or othermaterial transported from the property by flooding and/or damages.
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, 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
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 ofnonresidential 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 30-5 1 (a)(1) aresatisfied.
Sec. 30-56. Floodways.
Floodways, located within areas of special flood hazard established section 30-6 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 fi iI, 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 one-hundred-year 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 ofsection 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 QncrQachments within the
adopted regulatory floodway that would result in an increase in one-hundred-year
water surface 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 misdemeanor. Any person who violates this article or fails to comply with any
of its requirements shall, upon conviction thereof, be fined five hundred dollars ($500.00) for
each violation, and in addition shall pay all costs and expenses involved in the case. Any person
who violates this article shall hold the city harmless from and against any damages to persons, to
the owner’s lot, or any other affected persons or property arising from such violations. Nothing
herein contained shall prevent the city from taking such other lawful action as is necessary to
prevent or remedy any violation.”
SECTION 3. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this Ordinance, shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any.
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 rule,regulation and policy in the City’s Code of Ordinances as authorized by the Texas LocalGovernment 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. This Ordinance 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 ofDenton, Texas, within ten (10) days of the date of its passage.
secod“',A:U,=':'’"'' "” "q::=eh,i,ii=;::, the ordinance was passed and approved bythe following vote [ 1 - O ]:
Aye
t/
1/
L/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
1/
k‘
P/
L/
PASSED AND APPROVED thi, th, IS+ d,y ,f Odober , 2022..=aa:
ATTEST:1\11111111/CITY SECRETARY:M*{iT;
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY::B_j„.b.\PCr„.Vf„. M Bmxwhim:==‘