BUILDING & CONSTRUCTION
ARTICLE 3.100 DEFINITIONS
Sec. 3.101 Definitions
The words and phrases contained herein shall have the following meaning ascribed to them unless the context states otherwise:
Abatement. Any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property.
Building. Includes, but is not limited to, any shed, garage, house, manufactured or modular home, mobile home, trailer, or tent, intended for business, shelter, housing or enclosure of persons, animals, movable property including household goods, inventory, records, furniture, fixtures, and equipment or other building whatever, wherever located within the city. When separated by dividing walls without openings, each portion of such building so separated will be deemed a separate occupancy.
Code enforcement official. Any person authorized to enforce violations of this article or applicable state codes, or his/her authorized agents, assistants, deputies, or representatives.
Commercial. Means a building for the use or occupation of people for:
(1) A public purpose or economic gain; or
(2) A residence if the building is a multi-family residence that is not defined as residential by this section.
Dangerous building or structure. Any building or structure that does not comply with the minimum standards under section 3.603 of this chapter.
Fire Marshal. This shall mean the fire marshal of the City of Seymour, or his authorized agents, assistants, deputies, or representatives.
Habitable space. Means the space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Health Officer. This shall mean the duly appointed health officer of the City of Seymour or his authorized agents, assistants, deputies, or representatives.
Minimum standards. The minimum standards for continued use and occupancy of a building as set forth in section 3.603 herein.
Municipality. Held to mean the City of Seymour
Occupancy. A use or intended use assigned to each building or structure.
Owner of record. Any person, agent, firm, corporation or governmental agency shown to be the owner or owners of a building in:
(1) The real property, assumed name, or appraisal district records of the county;
(2) The tax and utility records of the city; or
(3) The records of the secretary of state.
Public nuisance. Means:
(1) Whatever is dangerous to human life or health; whatever renders the ground, water, air or food hazardous to human life, or health, or that is offensive to the senses; or that is or threatens to become detrimental to the public health; or
(2) Any building that creates a hazard to health, safety, comfort or welfare.
Residential. Means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling, and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.
Structure. A building of any kind or any piece of work built or composed of parts joined together in some definite manner. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including but not limited to any building, fence, awning, canopy, shed, garage, house, manufactured or modular home, mobile home, trailer, tent, advertising signs, billboards, lighting standards, or other structure whatever, wherever located within the city.
Sec. 3.102 Adopted Codes
2006 International Building Code
2006 International Residential Code
2015 International Property Management Code
2020 National Fire Prevention Association Fire Prevention Code
2020 National Fire Prevention Association Electrical Code
(Ordinance 00-000, Adopted 00/00/0000)
Reserve Sec. 3.103
ARTICLE 3.200 BUILDING, PLUMBING, AND ELECTRICAL*
Sec. 3.201 Adoption of Building Code
There is hereby adopted by the city council for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including penalties, that certain building code known as the 2006 International Building Code, 2006 International Residential Code, 2015 International Property Management Code, 2020 National Fire Prevention Association Fire Prevention Code, 2020 International Energy Conservation Code, and 2020 National Fire Prevention Association Electrical Code revisions thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, of which not less than one (1) copy has been and now is filed in the office of the city secretary as public record and duly authenticated by the city secretary, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures contained within the city limits. (Seymour City Code, Chapter 5, Article 1, Section 5-1)
Sec. 3.203 Review Required to Minimize Flood Damage
New Construction, or additions to, proposed subdivisions, and land use areas shall be reviewed to assure that (a) all proposals for construction provide for methods to minimize flood damage; (b) all public utilities and facilities such as sewage, gas, electrical service and water systems are located and constructed to minimize or eliminate flood damage; and (c) adequate drainage is provided for so as to reduce exposure to flood hazards. (Seymour City Code, Chapter 5, Article 1, Section 5-8)
Sec. 3.204 New Water/Sewer Systems Design
All new or replacement water supply systems and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. (Seymour City Code, Chapter 5, Article 1, Section 5-9)
Sec. 3.205 Saving
Nothing in this article or in the building code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this article. (Seymour City Code, Chapter 5, Article 1, Section 5-11)
ARTICLE 3.300 RESERVED*
ARTICLE 3.400 RESERVED*
ARTICLE 3.500 ELECTRICAL INSTALLATIONS†
Sec. 3.501 Electrical, Mechanical Codes Adopted
There is hereby adopted the 2006 International Building Code, 2006 International Residential Code, 2015 International Property Management Code, and the 2020 National Electrical Code as they apply to the City of Seymour’s electrical codes and ordinances (Seymour City Code, Chapter 5, Article 3, Section 5-70)
Sec. 3.502 Application of Provisions; Exceptions
(a) The provisions of this article shall apply to all installations of electrical conductors, fittings, devices and fixtures, hereinafter referred to as “electrical wiring and apparatus,” within or on public and private buildings and premises, with exceptions as provided in Sections 3.507 and 3.508 [sic] and with the following general exceptions:
(1) The provisions of this article shall not apply to installations in mines, ships or railway cars or to automotive equipment;
(2) The provisions of this article shall not apply to installations used by electricity supply or communications agencies in the generation, transmission or distribution of electricity or for the operation of signals or the transmission of intelligence, and located within or on thoroughfares; except that meters and metering apparatus shall not be excepted from the provisions of this article;
(3) The provisions of this article shall not apply to the installations or equipment employed by a railroad utility in the exercise of its functions as a utility, and located outdoors or in buildings used exclusively for that purpose;
(4) The provisions of this article shall apply to electrical equipment used for radio transmission in amateur radio transmitting stations and shall apply to all electrical equipment used for power supply to radio transmitting equipment, but shall not apply to other electrical equipment used for radio transmission.
(b) As used in this article, “reasonably safe to persons and property” as applied to electrical installations and electrical equipment, means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property.
(Seymour City Code, Chapter 5, Article 3, Section 5-71)
Sec. 3.503 Standards for the Installation of Electrical Equipment
(a) All installations of electrical wiring and apparatus shall be reasonably safe to persons and property and in conformity with the provisions of this article and the applicable statutes of the state, and all orders, rules and regulations issued by authority thereof.
(b) Conformity of installations of electrical equipment with applicable regulations set forth in the National Electrical Code shall be prima facie evidence that such installations are reasonably safe to persons and property.
(Seymour City Code, Chapter 5, Article 3, Section 5-74; Ordinance 2017-05 adopted 4/20/17)
Sec. 3.504 Electrical Wiring Apparatus Defined
The words or terms “electric wiring and apparatus” as used in this article shall be construed to include all materials, devices, machinery, appliances, appurtenances or conductors used in connection with the production of electric lights, heat or power or the transmission of electrical signals except where specifically limited to one or more of them and then only as specifically limited. (Seymour City Code, Chapter 5, Article 3, Section 5-75)
Sec. 3.505 Conduit, Tubing Required for Certain Installations
All wiring for electric light or power hereinafter installed in churches, theaters, other places used for public gatherings within the fire limits in the city, and all commercial establishments shall be installed in suitable electrical metallic tubing or rigid conduits, and all such wires hereafter installed in unfinished basements in all buildings other than dwellings designed for the occupancy of not more than three (3) families, shall be likewise placed in the same type tubing or conduits; provided it shall be permissible to use armored cable for flexible connections of not more than four (4) feet in length. (Seymour City Code, Chapter 5, Article 3, Section 5-87)
ARTICLE 3.600 UNSAFE, DANGEROUS, OR HAZARDOUS BUILDINGS AND STRUCTURES*
Sec. 3.601 Declaration of Purpose
It is the purpose of the provisions of this article to provide a just, equitable, and practical method, to be cumulative with and in addition to any other remedy available by law, whereby buildings or structure which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City of Seymour, or which tend to constitute a fire hazard, may be required to be repaired, vacated, or demolished.
Sec 3.602 Abatement of dangerous buildings.
(a) This article is adopted pursuant to chapter 214 of the Local Government Code.
(b) It shall be unlawful for any owner, occupant, or other person in control of a building to allow that building to be in a condition that does not conform to the minimum standards, generally applicable to buildings within the city, as defined in section 3.603 below.
(c) Any building that does not conform to the minimum standards is hereby declared to be a public nuisance and shall be abated by vacation, relocation of occupants, repair, demolition, or removal, as necessary upon the issuance of an order to abate in accordance with the procedures specified in this article.
(d) The city has adopted a Demolition Policy as a frame work for all demolition and removal procedures included in Appendix A.
(Ordinance 00-00Adopted 00/00/000)
Sec 3.603 Minimum standards.
(A) In general. A building is considered not to meet the minimum standards of the city for continued use and occupancy of a building, regardless of its date of construction, under any of the following conditions:
(1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to public health, safety and welfare, including, but not limited to:
a. Any building with roof, ceiling, floors, walls, sills, windows, or foundation or any combination thereof, rotted or decayed, and falling apart; or that is uninhabitable due to obsolescence and deterioration caused by neglect, vandalism, fire damage, old age, or the elements;
b. Any building intended for human occupancy that is in danger of falling and injuring persons or property;
c. Any building that is a fire menace because it is in a dilapidated condition, as described in subsections (1)a. and b. above, or that is likely to become a fire menace or be set on fire;
d. Any building that is in unsanitary condition and is likely to create disease because of the presence of insects, rodents or vermin;
e. Any building that is damp and in unsanitary condition and is likely to create disease and sickness because of being in the condition as described under subsection (1)a., b., c. or d. above, or for other reasons;
f. Any building or structure occupied by humans that does not have an authorized and valid utility account with the city, and, in operating condition, a connection to potable water at adequate pressure, a connection to discharge sewage from the structure or land into a public sewer system or an approved private septic system, and:
1. For residential buildings, a kitchen sink, bathtub or shower, a lavatory connected to a cold and hot water source, [and] a toilet connected to a water source and a public sewer system or an approved private septic system.
2. For commercial buildings, a lavatory connected to a cold and hot water source, [and] a toilet connected to a water source and to a public sewer or approved private septic system.
(2) Any building that is not occupied by its owners, lessees or other invitees and is not secure from unauthorized entry so that it could be entered or used by uninvited persons or children regardless of its structural condition.
(3) Any building must be boarded up, fenced or secured if:
a. The building constitutes a danger to the public health, safety and welfare, even though secured from entry; or
b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
(Ord 00-000 adopted 00/00/00)
Sec. 3.604 Authority.
(a) The city administrator or any of the city’s designated code enforcement officials shall have the authority and powers necessary to gain compliance with the provisions of this article and all other ordinances of the city relating to conditions on property. Such powers include the power to issue notices of violation, issue citations, inspect public and private property and use whatever judicial and administrative remedies available under this article or applicable state laws. The city administrator and the city’s code enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of this article or applicable state codes and statutes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. Such duties may include the taking of photographs, samples or other physical evidence.
(b) Any code enforcement official shall have the authority to issue citations for any violation of this article and all other ordinances of the city relating to conditions on property. If the person being cited is not present, the code enforcement official may send the citation to the alleged offender by certified mail, return receipt requested. If a person who receives a citation by personal service or as provided under this subsection fails to appear on the return date of the citation, the court may issue a warrant for the person’s arrest for the violation described in the citation.
(c) It shall be unlawful for any person to interfere with a code enforcement official in the performance of his or her duties under this article.
(Ordinance 00-000 adopted 00/00/00)
Sec. 3.605 Inspection and notice of abatement.
(a) Inspection. The city administrator shall designate a code enforcement official, fire marshal, or health officer or inspecting official to inspect or cause to be inspected any building or structure the official has probable cause to believe does not meet the minimum standards. If an owner, occupant, agent or person in control of the premises refuses permission to enter or inspect, the code enforcement official, first authorized by the city administrator, may seek an administrative inspection warrant as provided for by Texas Code of Criminal Procedure article 18.05, unless an exception to the warrant requirement exists. All inspections, entries, examinations and surveys shall be done in a reasonable manner.
(b) Determination. After completing the inspection, the inspecting official shall determine if the building is a dangerous building, as defined herein.
(c) Notice of abatement. After an initial determination that a building is a dangerous building, the inspecting official shall notify the owner of record of the building, by certified mail, return receipt requested, of the nature of the violation(s) of the minimum standards. The inspecting official shall also notify the owner of record of the building that the building is dangerous and that the owner must vacate and/or repair, demolish, or remove the building for the good of the public health, safety and welfare. A notice shall be posted on the dangerous building as follows:
THIS BUILDING IS DANGEROUS ACCORDING TO THE MINIMUM STANDARDS SET FORTH IN THE OFFICIAL CODE OF THE CITY, SECTION 3.603 AND THE OWNER MUST REPAIR, DEMOLISH OR REMOVE IT. CONTACT ____________ AT ____________ FOR FURTHER INFORMATION.
(d) Request for public hearing before the City Council or Planning & Zoning Commission. If the owner does not reply or take action within fifteen (15) days from the date the notice was mailed, the inspecting official may request that a public hearing be held before the City Council or Planning & Zoning Commission, to determine whether the building complies with the minimum standards set forth in this article. The City Council or Planning & Zoning Commission shall then order a public hearing.
(1) If a public hearing is ordered, the inspecting official shall make a diligent effort to discover the identity and address of the owner(s) of record and any lienholders or mortgagees of the building and the underlying property. Due diligence will include searching the following records for information on the property owner or lienholder:
a. Baylor County real property records;
b. Records of the Baylor County Appraisal District;
c. Records of the secretary of state, if the property owner or lienholder is a corporation, partnership, or other business association;
d. Assumed name records of Baylor County;
e. Tax records of Baylor County; and
f. Utility records of the City of Seymour.
(2) The inspecting official shall notify each owner, lienholder, or mortgagee by certified mail, return receipt requested, no later than ten (10) days prior to the date of the public hearing, and notify any unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property, or as close to the front door as practicable, that a public hearing will be held in reference to the building and that any interested party may appear at the public hearing, be heard, and present evidence in reference to the condition of the building. The notice shall further advise the owner, lienholder, mortgagee or unknown owner that he will have the burden of proof at such hearing and will be required to submit at the hearing proof of the scope of any work that may be required to make the building comply with this article and the amount of time it will take to reasonably perform the work.
(3) The city will publish notice of the public hearing in a newspaper of general circulation in the city no later than ten (10) days prior to the date of the public hearing. The city may also file a notice of the public hearing in the official public records of Baylor County. The published notice must contain the name and address of the owner of the real property (if it can be determined from a reasonable search of county records), a legal description of the affected property and a description of the proceeding, including the date, location and time of the public hearing.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.606 Order to abate.
(a) If it is found at the public hearing that a building is in violation of the minimum standards, one of the following orders or any combination thereof may be issued by the City Council:
(1) An order to secure or vacate the building and relocate occupants; or
(2) If it is determined that the order provided for in subsection (1) above is not sufficient to protect the public health, safety or welfare, an order may be issued to repair, demolish or remove the building within a reasonable time.
(b) The city shall promptly mail by certified mail, return receipt requested, a copy of any order issued pursuant to subsection (a) of this section, to the owner of record of the building and to any lienholder or mortgagee along with a notice containing an identification of the building and the property on which it is located; a description of the violation(s) of the minimum standards; [and] a statement that the municipality will secure, vacate, repair, remove or demolish the building if the ordered action is not taken by the owner within a reasonable time.
(c) The order shall allow the owner 30 days to complete the ordered action, unless it is determined from the evidence presented at the public hearing that additional time is required. If more than thirty (30) days are allowed to repair, remove or demolish the building, specific time schedules shall be established for the commencement and performance of the work.
(d) The order shall also state that any lienholders or mortgagees of the building and/or the underlying property shall have an additional 30 days to complete the ordered action if the owner fails to comply within the time allotted in subsection (c) above.
(e) The owner, lienholder or mortgagee may not be allowed more than ninety (90) days to complete any part of the work required, remove or demolish the building unless the requirements of Texas Local Government Code section 214.001(k) are met.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.607 Filing and publication of order.
Within ten (10) days following the date that an order is issued, the city shall:
(1) File a copy of the order in the office of the city secretary; and
(2) Publish in a newspaper of general circulation in the city a notice containing the following:
a. The street address or legal description of the property;
b. The date the hearing was held;
c. A brief statement indicating the results of the hearing and the contents of the order; and
d. Instructions stating where a complete copy of the order may be obtained.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.608 Appeal and judicial review.
Any owner, lienholder or mortgagee of record of a property jointly or severally aggrieved by any order issued under this article shall be entitled to judicial review in district court. A petition must be filed in district court by an owner, lienholder or mortgagee within thirty (30) calendar days after the date of delivery of said order pursuant to Texas Local Government Code section 214.0012. The petition must be verified, set forth that the decision of the City Council was illegal, in whole or in part, and specify the grounds of the illegality.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.609 Violation and penalty.
(a) Criminal violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. A violation of any of the provisions or failure to comply with any of the mandatory requirements of this article shall constitute a Class C misdemeanor punishable by the maximum fine allowed by law and authorized by state statutes or other provisions of this article. Each such person may be charged with a separate offense for each and every day, or portion thereof, during which any violation of any provision of this article is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(b) Civil violations. In addition to any other remedy provided by this code, any provision of this article or applicable state law may be enforced by injunction issued by a court of competent jurisdiction upon a suit brought by the city. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty as allowed by law per violation of this article or state law for each day during which any person commits, continues, allows or maintains a violation of any provision of this article or state law.
(c) Recovery of civil penalties. The city administrator may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the city attorney, the recordation of a code enforcement lien pursuant to the procedures set forth in this article and state law, and the filing of a court action to recover such penalties and costs.
(d) The owner, or any other person having charge or control over any building or structure determined by the hearing officer to be unsafe and a public nuisance, who shall fail to comply with any order to repair, vacate and repair, or demolish said building or structure, or any portion thereof, shall be guilty of a misdemeanor and each day shall be a separate offense for which a fine in accordance with the general penalty provision found in Section 1.106 of this code.
(e) The occupant or lessee in possession who fails to comply with any order to vacate said building or structure, or any portion thereof, in accordance with any order given as provided in this article, shall be guilty of a misdemeanor, each day being a separate offense, and may be fined in accordance with the general penalty provision found in Section 1.106 of this code.
(Ordinance 00-0000 adopted 00/00/0000)
Sec. 3.610 Expense; lien.
(a) All expenses of vacating, securing, repairing, removing, demolishing, or relocation of occupants of a building are the responsibility of the owner of the property.
(b) If an owner or other interested party does not vacate, secure, repair, remove, demolish, or relocate occupants of a building within the time allotted in an order issued pursuant to this article, the city may take the ordered action at its expense at the direction of the city administrator. If the city repairs the building, such repairs shall only be to the extent required to meet minimum standards and only if the building is a residential building with ten or fewer dwelling units.
(c) As an alternative to subsection (b), a civil penalty may be assessed against the property owner for failure to repair, remove or demolish the building. A notice of penalty shall be mailed by certified mail, return receipt requested, to the property owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.
(d) In addition to subsections (b) and (c) above, the city may assess and recover a civil penalty against a property owner at the time of the hearing for violations of this article, pursuant to Texas Local Government Code section 214.0015.
(e) Any expenses incurred by the city pursuant to subsection (b), and any civil penalties incurred by the owner pursuant to subsections (c) and (d), will be assessed as a lien against the property on which the building stands or stood. The city shall have a privileged lien upon filing same in the official public records of Baylor County subordinate only to tax liens against the property unless it is a homestead as protected by the Texas Constitution. The lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties, plus interest.
(f) Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten (10%) percent a year from the date of the assessment until paid in full, pursuant to Texas Local Government Code section 214.0015.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.611 Voluntary conveyance of property to city for demolition.
(a) Upon a determination by the City Council that a certain property has value to the city and if the owner agrees, the city may take possession of property on which there is located a building that the owner has been ordered to demolish; this requires conveyance of the property by deed to the city and may require payment by the property owner for some portion of the demolition and disposal or the administrative costs associated with the conveyance and demolition. The terms of this type of agreement must be reduced to writing, to be signed by both parties, and approved and accepted by the City Council prior to conveyance.
(b) The city may acquire ownership of the property on which demolition and waste removal is required due to financial inability of the owner to perform such demolition and/or waste removal. Prior to demolition and disposing of waste, the donor (property owner) must provide clear evidence of the financial inability to demolish any dangerous structure and dispose of the waste located on the property. Any person wishing to convey property to the city under this section must provide a sworn statement and financial documentation sufficient to establish the financial inability to demolish the structure and dispose of the waste. The terms of this type of agreement must be reduced to writing, to be signed by both parties, and approved and accepted by the City Council.
(Ordinance 00-000 adopted 00/00/0000)
Sec. 3.612 Administrative liability.
No officer, agent or employee of the city shall render himself personally liable for any damage that may accrue to any person or property as a result of any act required or permitted in the discharge of his duties under this article. (Ordinance 17-819 adopted 3/20/17)
Sec. 3.613 Fire Prevention Code and Building Code Provisions Unaffected Hereby
The provisions of this article shall not be deemed to repeal by implication any other ordinances of the Fire Code of the City of Seymour, the Building Code of the City of Seymour, or any other ordinance of the City of Seymour, and the adoption hereof shall not be deemed to affect or diminish the power or authority of any officer or employee of the city to condemn any building or structure erected or maintained in violation of any other provision by the Fire Code of the City of Seymour, the Building Code of the City of Seymour, or any other ordinance of the City of Seymour.
Sec. 3.614 Penalty for Violations; Continuing Violations
Any person, firm, or corporation who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each day during which such violation continues shall be a separate and distinct offense and each such separate offense shall be deemed a misdemeanor punishable as aforesaid.
(Ordinance 96-10 adopted 11/96)
ARTICLE 3.700 FLOOD DAMAGE PREVENTION*
Sec. 3.701 Statutory Authorization
The legislature of the state 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, does ordain as follows.
Sec. 3.702 Findings of Fact
(a) The flood hazard areas of the city are subject to periodic inundation, which may results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
Sec. 3.703 Statement of Purpose
It is the purpose of this article 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 facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and
(7) Ensure that potential buyers are notified that property is in a flood area.
Sec. 3.704 Methods of Reducing Flood Losses
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development, which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
Sec. 3.705 Definitions
Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.
Alluvial Fan Flooding. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant Structure. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Area of Future Conditions Flood Hazard. The land area that would be inundated by the 1-percent-annual chance (100-year) flood based on future conditions hydrology.
Area of Shallow Flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a 1-percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. The land in the floodplain within a community subject to a 1-percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base Flood. The flood having a 1-percent chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE). The elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year – also called the base flood.
Basement. Any area of the building having its floor grade (below ground level) on all sides.
Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Critical Feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Development. Any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Elevated Building. For insurance purposes, a nonbasement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Existing Construction. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.”
Existing Manufactured Home Park or Subdivision. 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 before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision. 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. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Elevation Study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as zones A, M, and/or E.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS). See flood elevation study.
Flood Protection System. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes, These specialized flood modifying works are those constructed in conformance with sound engineering standards.
Floodplain or Floodprone Area. Any land area susceptible to being inundated by water from any source (see definition of flooding).
Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing. Any combination of structural and nonstructural 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.
Floodway. See regulatory floodway. [sic]
Functionally Dependent Use. 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 shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary 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 [of the Interior] 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 the 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. 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. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 requirement of section 60.3 of the National Flood Insurance Program regulations.
Manufactured Home. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
New Construction. For the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision. 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.
Recreational Vehicle. A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special Flood Hazard Area. See area of special flood hazard.
Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub, L. 97348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 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 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 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. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “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:
(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.”
Variance. A grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see section 60.6 of the National Flood Insurance Program regulations.)
Violation. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) [of the National Flood Insurance Program regulations] is presumed to be in violation until such time as that documentation is provided.
Water Surface Elevation. 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.
Sec. 3.706 Lands to Which This Article Applies
This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
Sec. 3.707 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in the flood insurance rate map (FIRM) or flood hazard boundary map (FHBM), community number, 480025, dated October 15, 1985, and any revisions thereto are hereby adopted by reference and declared to be a part of this article.
Sec. 3.708 Establishment of Development Permit
A floodplain development permit shall be required to ensure conformance with the provisions of this article.
Sec. 3.709 Compliance
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.
Sec. 3.710 Abrogation and Greater Restrictions
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 3.711 Interpretation
In the interpretation and application of this article, 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. 3.712 Warning and Disclaimer of Liability
The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
Sec. 3.713 Designation of the Floodplain Administrator
The emergency management coordinator is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (Emergency Management and Assistance – National Flood Insurance Program regulations) pertaining to floodplain management.
Sec. 3.714 Duties and Responsibilities of the Floodplain Administrator
Duties and responsibilities of the floodplain administrator 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 article.
(2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by adoption of this article.
(4) Review permits for proposed development to assure 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.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Texas Water Development Board (TWDB) and also 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.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with section 3.707, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of sections 3.717–3.719.
Sec. 3.715 Permit Procedures
(a) Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the 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 new and substantially improved structures;
(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 3.718(2);
(4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
(5) Maintain a record of all such information in accordance with section 3.714(1).
(b) Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this article 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.
Sec. 3.716 Variance Procedures
(a) The appeal board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this article.
(b) The appeal board 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 floodplain administrator in the enforcement or administration of this article.
(c) Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.
(d) The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article.
(f) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 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 3.715(b) of this article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 3.703).
(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(j) Prerequisites for granting variances:
(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:
(A) Showing a 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 application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation 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.
(k) 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:
(1) The criteria outlined in subsections (a)–(i) of this section are met; and
(2) 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.
Sec. 3.717 General Standards for Flood Hazard Reduction
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and adequately 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 resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Sec. 3.718 Specific Standards for Flood Hazard Reduction
In all areas of special flood hazards where base flood elevation data has been provided as set forth in sections 3.707, 3.714(8), or 3.719(c), the following provisions are required:
(1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in section 3.715(a)(1), is satisfied.
(2) Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure 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. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
(3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 meet or exceed the following minimum criteria:
(A) A minimum of two openings on separate walls having a total net area of not less than 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 1 foot above grade.
(C) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes.
(A) Require that all manufactured homes to be placed within zone A on a community’s FIRM, shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. 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.
(B) Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community’s FIRM on sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood;
be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(C) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that either:
(i) The lowest floor of the manufactured home is at or above the base flood elevation; or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
Sec. 3.719 Standards for Subdivision Proposals
(a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with sections 3.701, 3.702, 3.703, and 3.704 of this article.
(b) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of sections 3.708, 3.715, and the provisions of sections 3.717–3.719 of this article.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.707 or section 3.714(8) of this article.
(d) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
Sec. 3.720 Penalties for Noncompliance
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. 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 not more than $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.
(Ordinance 2012-07 adopted 11/15/12)