HomeMy WebLinkAboutOrdinance - 2002-O0093 - Flood Hazard Areas; Second Reading September 17, 2002 - 08/29/2002First Reading
August 29, 2002
Item No. 93
Second Reading
September 17, 2002
Item No. 30
ORDINANCE NO. 2002-D0093
WHEREAS, the flood hazard areas of the City of Lubbock, Texas are subject to
periodic inundation which results in loss oflife 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; and
WHEREAS, These flood loses 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; and
WHEREAS, it is hereby found and declared by the City of Lubbock, Texas that
severe flooding has occurred in the past within its jurisdiction and will certainly occur
within the future; that flooding is likely to result in infliction of serious personal injury or
death, and is likely to result in substantial injury or destruction of property within its
jurisdiction; in order to effectively comply with minimum standards for coverage under
the National Flood Insurance Program; and
WHEREAS, The Legislature of the State ofTexas has authorized municipalities
to participate in the National Flood Insurance Program pursuant to Sec. 16.31345, Texas
Water Code, by adopting ordinances designed to minimize flood losses; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article II of Chapter 21 of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended to read as follows:
ARTICLE II. FLOOD HAZARD AREAS
DIVISION 1. GENERALLY
Sec. 21-16. Definitions.
Unless specifically defined below, words and 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 means 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 means 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.
Appeal means a request for a review of the Floodplain Administrator's interpretation
of any provision of this article or a request for a variance.
Area of Shallow Flooding means a designated AO, AH, or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with a one (1) percent or greater annual
chance of flooding to an average depth of one (1) to three (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 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 flood hazard boundary map (FHBM). After detailed
ratemaking has been completed in preparation for publication of the FIRM, Zone A
usually is refmed into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
Base Flood means the flood having a one (1) percent chance ofbeing equaled or
exceeded in any given year.
Basement means any area of the building having its floor subgrade (i.e. -below ground
level) on all sides.
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 in improved or unimproved real estate,
including but not limited to buildings or other structmes, mining, dredging, filling,
grading, paving, excavation, drilling operations or storage of equipment or materials.
Drainage Criteria Manual means that manual adopted and approved by the City
Council that establishes requirements for drainage plans, drainage analyses, drainage
design and construction in newly developing or redeveloping areas.
Elevated Building means a non-basement building (1) built, in the case of a building in
Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top ofthe elevated floor,
or in the case of a building in Zones V1-30, VE and V, to have the bottom of the lowest
horizontal structure member of the elevated floor, elevated above the ground level by
means of pilings, columns (posts and piers) or shear walls parallel to the flow of the
water, and (2) adequately anchored so as not to impair the structural integrity of the
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building during a flood of up to the magnitude of the base flood. In the case of Zones
Al-30, AE, A, A99, AO, AH, B, C, X and D, "elevated building also includes a building
elevated by means of fill or solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE and
V, "elevated building" also includes a building otherwise meeting the definition of
"elevated building", even though the lower area is enclosed by means of breakaway
walls, ifthe breakaway walls meet the standards of Section 60.3(e)(5) of the National
Flood Insurance Program regulations.
Existing Construction means for the purposes of determining rates, structures for
which the "start of construction11 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 Structures means, for the purpose of determining rates, structures for which
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I the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRM's effective before that date.
Existing 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 before the effective date of the floodplain management regulations
adopted by a community.
Expansion To An Existing Manufactured Home Park Or Subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
( 1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) means an official map of a community where
the areas within the boundaries of special flood hazards have been designated as Zone A.
Flood Insurance Rate Map (FIRM) means an official map of a community on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
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Flood Insurance Study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles and the water surface elevation
of the base flood, as well as the Flood Boundary-Floodway Map.
Floodplain or Flood-Prone Area means any land area susceptible to being inundated
by water from any source (see definition of flooding).
Floodplain Management means 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 means 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.
Flood Protection System means 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 areas 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
i conformance with sound engineering standards.
Floodplain Or Flood-Prone Area means any land area susceptible to being inundated
by water from any source.
Floodproojing 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.
Floodway (Regulatory Floodway) means the channel of a river 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.
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 shipbuilding and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
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Highest Adjacent Grade means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Historic Structure -means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory ofhistoric places in communities with
historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior
or;
(b) Directly by the Secretary of the Interior in states without approved
programs.
Levee means a man-made 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 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 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 ofthe applicable non-elevation design requirement of Section 60.3 of the
National Flood Insurance Program regulations.
Manufactured Home means a structure transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does
not include a "recreational vehicle''.
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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.
Master Drainage Plan means that plan adopted and approved by the City Council that
establishes an estimated peak water surface elevation for playa lakes and rates of
overflow between lakes for certain areas studied within the corporate limits of the city
and certain areas within the city's extraterritorial jurisdiction.
Mean Sea Level means, 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 means, 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 !I 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 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.
Recreational Vehicle means 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.
Start of Construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act) (Pub. L. 97-348) 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 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 slab or footings, the installation of piles, the construction of
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columns or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds, not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
Structure means 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 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 50
percent ofthe market value of the structure before the damage occurred.
Substantia/Improvement means any reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the
market value of the structure before "start of construction" of the improvement. This
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 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."
True Non-overflow Playa Lake means a lake with sufficient water storage capacity to
contain the combined volume of its' own drainage basin as well as the volume
contributed from upstream playa lakes for the 100-year 24-hour storm event and the
predicted water surface elevation is 0.5 feet or greater below the lake's natural overflow
crest elevation as indicated in the City of Lubbock Drainage Criteria Manual.
Variance is a grant of relief to a person from the requirements of this article when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this article.
(For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
Violation means 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 Sections 60.3(b)(5), (c)(4), (c)(IO), (d)(3), (e)(2), (e)(4) or (e)(5)
of 44 CFR is presumed to be in violation until such time as that documentation is
provided.
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Water Surface Elevation means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 21-1 7. 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 flood-prone areas in such a manner as to minimize future flood blight areas;
and,
(7) Insure that potential buyers are notified that property is in a flood-prone area.
Sec. 21-18. Article Cumulative.
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. 21-19. Administration.
(1) The City Engineer is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this article and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations) pertaining
to floodplain management; however, the issuing of permits and the review of
plans and maps may be delegated to such other persons that the Floodplain
Administrator may select.
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(2) Duties and responsibilities of the Floodplain Administrator shall include, but not
be limited to, the following:
(a) Maintain and hold open for public inspection all records pertaining to the
provisions of this article;
(b) Review, approve or deny all applications for development permits, required
by section 21-26 of this article, and determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding.
(c) 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.
(d) 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.
(e) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency, which is the Texas Commission on Environmental
Quality, prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management
Agency.
(f) Assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(g) When base flood elevation data has not been provided in accordance with
section 21-24, 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 21-29 through 21-31.
(h) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within Zones A1-30 and AEon the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one (1) foot
at any point within the city.
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(i) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in Zones Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one (1)
foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
Sec. 21-20. 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. 21-21. Interpretation Generally.
In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the City of Lubbock; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes
or federal laws.
Sec. 21-22. Compliance With Regulations.
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. 21-23. Lands To Which Article Applies.
This article shall apply to all areas of special flood hazard \Vi thin the City of Lubbock,
Texas.
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Sec. 21-24. Basis For Establishing The Areas Of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled 'The Flood Insurance Study for the
City of Lubbock, Texas and Incorporated Areas" dated September 18, 2002, with
accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this article.
Sec. 21-25. Increased Flood Heights; 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 man-
made 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 city or any official or
employee thereof for any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
Sec. 21-26. Development Permit--Required.
A development permit shall be required to ensure conformance with the provisions of
this article.
Sec. 21-27. Same--Application.
Application for a 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 and shall be maintained
and held open for public inspection in accordance with section 21-19(2)(a):
(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 non-residential structure
shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that a non-
residential floodproofed structure shall meet the floodproofmg criteria of section
21-31(2);
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( 4) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development
Sec. 21-28. Same--Approval Or Denial.
Approval or denial of a 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;
( 1 0) The relationship of the proposed use to the comprehensive plan for that area.
Sec. 21-29. Flood Hazard Reduction--General Standards.
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;
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(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 and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(5) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters;
( 6) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
(7) 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.
Sec. 21-30. Same--Standards For Subdivision Proposals.
(1) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall be consistent with sections 21-17 and 21-20 of this
article.
(2) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet development permit
requirements of sections 21-26 through 21-33 ofthis article.
(3) 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 fifty (50) lots or five (5) acres, whichever is
lesser, if not otherwise provided pursuant to sections 21-24 or 21-19(2)(h) of this
article.
( 4) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have adequate drainage provided to reduce exposure to
flood hazards.
(5) 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.
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Sec. 21-31. Same--Specific Standards.
In all areas of special flood hazard where base flood elevation data has been provided,
as set forth in sections 21-24, 21-19(2)(h) or 21-30(3) ofthis article, the following
provisions are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), excluding
garage, elevated to or above:
(a) If located in a flood hazard area, the lowest floor, (including basement) will
be one (1) foot above the peak water surface elevation established by the
FIRM of the Federal Emergency Management Agency (FEMA); otherwise
it shall be:
(b) Two (2) feet above the applicable playa lake overflow elevation; or
(c) One (1) foot above the highest top of the curb (or top of crown) of the
nearest adjacent street(s); or
(d) Six (6) inches above the calculated peak water surface elevation if a design
waiver has been granted in accordance with the drainage criteria manual; or
(e) One (1) foot above the 500-year 24-hour base flood elevation if located by a
true non-overflow playa lake, whichever is greater.
A registered professional engineer, architect or land surveyor shall submit a
certificate to the Floodplain Administrator that the standard of this subsection as
proposed in 21-27(1) ofthis article, is satisfied.
(2) Non-residential construction. New construction and substantial improvement of
any commercial, industrial or other non-residential structure shall have the
lowest floor, (including basement) elevated to or above:
(a) Iflocated in a flood hazard area, the lowest floor, (including basement) will
be one (1) foot above the peak water surface elevation established by the
FIRM ofFEMA; or
(b) Two (2) feet above the applicable playa lake overflow elevation; or
(c) One (1) foot above the highest top of the curb (or top of crown) of the
nearest adjacent street(s); or
(d) Six (6) inches above the calculated peak water surface elevation if a design
waiver has been granted in accordance with the drainage criteria manual; or
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(e) One (1) foot above the 500-year 24-hour base flood elevation if located by a
true non-overflow playa lake, whichever is greater; 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 the subsection. A record of
such certification (floodproofing certificate), 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 (2) openings having a total net area of not less than one
(1) square inch for every square foot of enclosed area subject to flooding
shall be provided.
(b) The bottom of all openings shall be no higher than one (1) foot above grade.
(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) All manufactured homes to be placed within Zone A on a community's
FIRM shall be installed using methods and practices which minimize flood
damage. For the purpose 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) All manufactured homes shall be in compliance with section 21-31 (1 ).
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(c) All manufactured homes that are placed or substantially improved within
Zones Al-30, AH, and AEon the city'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 (including basement), excluding garage, of the
manufactured home shall be elevated to or above the base flood elevation
and be securely anchored to an adequately engineered foundation system to
resist flotation, collapse and lateral movement.
1. If located in a flood hazard area, the lowest floor, (including basement)
will be one (1) foot above the peak water surface elevation established
by the FIRM; or
2. Two (2) feet above the applicable playa lake overflow elevation; or
3. One (1) foot above the top of the curb (or top of crown) of the nearest
adjacent street; or
4. Six (6) inches above the calculated peak water surface elevation if a
design waiver has been granted in accordance with the drainage criteria
manual; or
5. One (1) foot above the 500-year 24-hour base flood elevation if located
by a true non-overflow playa lake; or whichever is greatest.
(d) Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones A 1-
30, AH and AEon the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that either:
1. The lowest floor (including basement) of the manufactured home is at
or above the base flood elevation, or
2. 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 engineered anchor foundation system to resist flotation,
collapse and lateral movement.
(5) Recreational Vehicles. Require that recreational vehicles placed on sites within
Zones Al-30, AH and AEon the community's FIRM either:
(a) Be on the site for fewer than 180 consecutive days,
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(b) Be fully licensed and ready for highway use, or
(c) Meet the permit requirements of Sec. 21-27, and the elevation and anchoring
requirements for "manufactured homes" in paragraph ( 4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
Sec. 21-32. Same--Floodways.
Located within areas of special flood hazard established in section 21-24 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed by a registered professional engineer or architect in accordance with
standard engineering practice that the proposed encroachments would not result
in any increase in flood levels within the city during the occurrence of the base
flood discharge.
(2) If subparagraph (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of sections 21-29 through 21-33.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies for a conditional FIRM and
floodway revision through FEMA.
Sec. 21-33. Same--Standards For Areas OfShallowFlooding (AO/AH Zones).
Located within the areas of special flood hazard established in section 21-24, are
areas designated as shallow flooding. These areas have special flood hazards associated
with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions shall apply to areas of shallow flooding, as defined in section 21-16:
(1) All new construction and substantial improvement of residential structures shall
have the lowest floor (including basement), excluding garage, elevated above the
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highest adjacent grade at least as high as the depth number specified in feet on
the city's FIRM (or if no depth number is specified, at or above two (2) feet
above playa lake overflow, or one (1) foot above calculated peak water surface
elevation, whichever is higher).
(2) All new construction and substantial improvements of non-residential structures
shall:
(a) Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
city's FIRM (or if no depth number is specified at or above two (2) feet
above playa lake overflow, or one (1) foot above calculated peak water
surface elevation, whichever is higher); or
(b) Together with attendant utility and sanitary facilities, be designed so that
below the base flood level the structure is watertight and has 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
Floodplain Administrator that the standards of this section, as proposed in
section 21-27(1), are satisfied.
(4) AH and AO Zones shall have adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed structures.
Sees. 21-34--21-40. Reserved.
DIVISION 2. VARIANCES
Sec. 21-41. Planning and Zoning Commission--General Duties.
The planning and zoning commission as established by the city shall hear and render
judgment on requests for variances from the requirements of this article.
Sec. 21-42. Same--When Appeals Heard.
The planning and zoning commission 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.
Sec. 21-43. Same--Review ofDecisions.
Any person or persons aggrieved by the decision of the planning and zoning
commission may appeal such decision in a court of competent jurisdiction.
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Sec. 21-44. Records, Reports.
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.
Sec. 21-45. Historic Places.
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 sections 21-46 through 21-
50. 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.
Sec. 21-46. Small Lots.
Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the relevant factors
in section 21-28 of this article have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the variance
increases.
Sec. 21-47. Conditions.
Upon consideration of the factors noted in section 21-28 and the intent of this article,
the planning and zoning commission may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this article in
section 21-17.
Sec. 21-48. Increase In Flood Levels.
Variances shall not be issued within any designated flood way if any increase in flood
levels during the base flood discharge would result.
Sec. 21-49. Prerequisites.
(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
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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 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.
Sec. 21-50. New Construction, Substantial Improvements And Other Development.
Variances may be issued by the City 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 sections 21-41 through 21-49 of this article 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.
Sees. 21-51. Penalty.
No structure or land shall hereafter be constructed, located, extended, converted
or altered without full compliance with the terms of this ordinance and other applicable
regulations. Violation of the provisions of this ordinance by failure to comply with any
of its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor punishable in accordance
with Section 1-4 of the Code of Ordinances. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense. Nothing herein contained shall
prevent the City of Lubbock, Texas from taking such other lawful action as is necessary
to prevent or remedy any violation of this Article.
SECTION 2. THAT violation of any provision of this Ordinance shall be a
misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock, Texas. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word
of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption ofthis Ordinance as an alternative method of
publication provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 29th day of __ ~=---+----::-' 2002.
Passed by the City Council on second reading this 17th day of 2002.
ATTEST:
Rebecca Garza, City secreta.fY~
APPROVED AS TO CONTENT:
DDOrd/FioodHazOrd
August 13, 2002
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