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Home My WebLink AboutOrdinance No. 157 ORDINANCE N0. 157 AN ORDINANCE ESTABLISHING STANDARDS AND REGU- LATIONS FOR FLOOD HAZARD AREAS AND FLOOD PRONE AREAS; MAKING CERTAIN FINDINGS CONCERNING COM- PLIANCE WITH FEDERAL FLOOD INSURANCE REGULATIONS; ESTABLISHING SCOPE OF THE ORDINANCE AND REQUIR- ING COMPLIANCE WITH A LL LAND USE ORDINANCES OF THE CITY; DEFINING CERTAIN TERMS; SETTING FLOOD HAZARD AREA REGULATIONS; CONTROLLING DEVELOPMENT OF SUBDIVISIONS IN FLOOD PRONE AREAS; PROVIDING A PENALTY CLAUSE ; A SAVINGS CLAUSE; A REPEALING CLAUSE; AN EFFECTIVE DATE CLAUSE. WHEREAS, . the City Council of the City of Friendswood, in order to protect the interests of its residents, has determined to maintain its eligibility for federally subsidized flood in- surance; and, WHEREAS, guidelines for eligibility have been issued by the Department of Housing and Urban Development, Federal Insur- ance Administration, Washington,D.C.,such guidelines being pub- lished in the Federal Register on September 10, 1971, (36FR18175-86) ; and, WHEREAS, the City of Friendswood has a comprehensive Zoning Ordinance; Subdivision Ordinance and has adopted the Southern Standard Building Code, all of which regulate and control land use; and, WHEREAS, Section 1910. 3 of the aforementioned regulations prescribes graduated standards for land use and control measures based on the amount of flood hazard information available for the area comprising the City of Friendswood; and, WHEREAS, Friendswood has been identified by the Federal In- surance Administration as an area of special flood hazards and more precise information derived from the flood insurance rate study is not yet available; and, WHEREAS, Friendswood has been informed by George K. Bern- stein, Federal Insurance Administrator, by letter dated October 5, 1971 that Friendswood will be required to meet only the flood protection requirements of paragraph 1910-3 (a) of the Regula- tions of the Federal Insurance Administration, which requirements must be enacted by Ordinance prior to December 31, 1971; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: 5ection l. Scope-Permits. The provisions of this ordinance are to supplement the provisions of other city ordinances control- ling land use and the issuance of building permits. Before starting any new construction or substantial improvement, an ap- plicant shall comply with requirements set forth in the Friends- wood Zoning Ordinance, Subdivision Ordinance, Plumbing Code, Building Code and all other ordinances regulating and controlling land use with respect to submission and approval and preliminary and final subdivision plats, improvement plans, building and zon- ing permits, inspections, appeals and similar matters along with those set forth in this ordinance and as required by State Statute and any department of the State of Texas. 5ection 2 . Definitions. (A) 100 year flood - the term "100 year flood" means the highest level of flooding that, on the average, is likely to oc- cur once every 100 years (i.e, that has a one (1%) percent chance of occurring each year) . For purposes of this ordinance the 100 year flood level is determined by the official 100 year flood map, as being twenty-two (22) feet above mean sea level. (B) Person - "Person" includes any individual or group of individuals, corporation, partnership, association or any other organized group of persons, including state and local govern- ments and agencies thereof. (C) Substantial Improvement - the term "substantial improvement" means any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the property either (1) before the improvement is started, or (2) if the property has been damaged and is being restored, before damage occurred. Substantial improvement is hereby de- termined to begin when the first alteration of any wall, ceiling, floor, or any other structural part of the building commences. (D) Flood Hazard Area - the term "flood hazard area" shall mean that area below the elevation of the 100 year flood. (E) Flood Proofinq - the term "flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures and contents of buildings. Section 3. Flood Hazard Area Requlations. (A) In flood hazard areas where the elevation of the 100 year flood has been established, the following regulations are applicable: (1) Proposed permanent structures within the flood hazard areas shall be required to have first floor elevations at or above the level of the 100 year flood. In addition, all concrete floor slabs be a minimum of eight (8") inches above finished grade. Exceptions may be granted by the Planning and Zon- ning Commission only for nonresidential structures, which, together with attendant utilities and sani- tary facilities, are adequately flood proof up to the level of the 100 year flood. (2) Existing nonconfirming uses in the flood hazard area may be modified, altered or repaired to in- corporate flood proofing measures, but shall not be expanded. If such nonconforming use or oc- cupancy is discontinued for a period of more than one (1) year, any subsequent use shall conform to this Ordinance. (3) No flood hazard area shall be developed for resi- dential use unless such structures are required to be elevated on pilings, reinforced concrete piers, monolithic concrete foundations or other approved means of support to a first floor level above the 100 year flood, located behind the nor- mal high tide level, and securely anchored. (B) In flood hazard areas where the elevation of the 100 year flood has not been delineated, all applications for building permits shall be reviewed on a case-by-case basis by the Planning and Zoning Commission and shall be inspected to assure that (a) building sites will be above the level of the 100 year flood, (b) where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements or alterations including prefabricated and mobile homes, where al- lowed, will be flood-proofed in accordance with the minimum flood proofing criteria in this and other city ordinances, in- cluding the use of construction materials, constructions methods and practices that will resist and minimize flood damages. This includes anchoring of a structure to prevent flotation, collapse or lateral movement. Section 4. Subdivisions. (A) The development of flood prone areas is prohibited except as permitted by this ordinance. (B) 5ubdivision of flood prone areas is prohibited if the cost of providing utilities and governmental services would create an unreasonable economic burden to the city. (C) Location, elevation and construction of all utilities and facilities such as sewer, gas, electricity, water systems and streets shall be in such manner as to minimize or eliminate damage by flooding. (D) Adequate drainage shall be provided which will reduce exposure to flood hazards by adjacent, upstream or downstream development. Section 5. Official Bench Marks. There is hereby estab- lished a system of points or marks of known elevations which shall be placed at designated points throughout the City, said points being identified by Bronze "Bench Marks" which shall be installed on the ground in concrete monuments. Each bench mark shall bear a number which corresponds to a like number located in the office of the building inspector. The exact elevation of each bench mark can be determined by checking its corres- ponding number at the office of the building inspector by refer- ring to the official contour map showing the elevation of the bench mark. The total number of such bench marks may be dimin- ished or increased, as needed, to adequately provide information regarding elevation in all areas of the city. The City of Friendswood Planning and Zoning Commission shall have the authority, and it shall be the duty of said Commission to establish and promulgate such rules and regulations necessary to the administration of this Ordinance. Section 6. Penalty. Every structure placed or maintained in violation of this ordinance is deemed a public nuisance and the creation thereof may be enjoined and maintenance thereof abated by the City of Friendswood at said City 's discretion or by a citizen of Friendswood. Any person who places or maintains, or causes to be placed or maintained, any structure in violation of this ordinance may be fined in an amount not to exceed Two Hundred ($200.00) Dollars for each offense. Each day during which such violation exists is to be considered a separate offense. Section 7. Repealing Clause. Al1 ordinaces or parts of ordinances inconsistent with the terms of this ordinance are here- by repealed; provided, however, that such repeal shall be only to the extent of such inconsistency or conflict and in all other respects this ordinance shall be cumulative of the other ordinances regulating and governing the subject matter covered by this ordinance. Section 8. Savings Clause. If any provision, section, sub- section, paragraph, sentence, exception, clause or phrase of this ordinance or the application of same to any person or set of cir- cumstances, shall for any reason be held unconstitutional, void or invalid by a Court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of cir- cumstances and to this end all provisions of this ordinance are declared to be severable. Section 9 . Effective Date. This ordinance shall take effect immediately after the date of its final adoption by the City Council of the City of Friendswood, Texas. PASSED FOR FIRST READING THI5 18th DAY OF NOVEMBER, 1971. PASSED FOR SECOND READING THIS 2nd DAY OF DECEMBER, 1971 PASSED, APPROVED AND FINALLY ADOPTED THIS 16th DAY OF DECEMBER, 1971. l ,-� - , � � �•�O� � � �� •� 'w . ^+• }? Edward F. Stuart, Mayor, = + i �� City of Friendswood, Texas `� � .� ' : � s. ,'�'. r�p. .• .• *�f ��....••0�� '� �,,,.��• �,� .:�,. TTEST: %�� S��-�� City Secretary