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HomeMy WebLinkAboutORD 1987-018 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-18 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY AMENDING ARTICLE IX OF CHAPTER. 7 RELATING TO FLOOD DAMAGE ,� FREVENTION IN ITS ENTIRETY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PftOVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, the Federal Emergency Management Agency has adopted new flood plain management criteria effective October 1, 1986; and WHEREAS, cities are required to bring their flood damage prevention regulations into compliance with the new criteria by April 1, 1987; and W�iEREAS, because a city's eligibility for flood insurance is contingent upon the city enforcing the current flood plain management criteria adopted by the Federal Emergency Management Agency, it is imperative that the City Council amend the City Code to adopt the new flood plain management criteria. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Article IX of Chapter 7 of the City Code of the City of Grapevine, Texas, relating to Flood Damage Prevention is hereby amended in its "`�"� entirety to read as follows, and all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said City Code are not amended, but shall remain int.�ct and are hereby ratified, verified and affirmed: "ARTICLE IX. FLOOD DAMAGE PREVENTION* Sec. 7-180. DEFINITIONS Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. APPEAL means a request for a review of the city's public works director's interpretation of any provision of this article or a request for a variance. AREA OF SHALLOW FLOODING means a designated AO Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD means the land in the floodplain within ��•� a community subject to one percent or greater change of flooding in any given year. BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year. DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. ELEVATED BUILDING means a nonbasement building (i) 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 of the elevated floor, or in the case of a building in Zones V1-30, VE, or 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 floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, 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, or 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 if the 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 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." FLOOD nR FLOODING means a general and temporary condition of partial or complete inuiidation of normally dry land areas from: (a) The overflow of inland or tidal waters and/or (b) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood. FLOODPLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of flooding). � 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 conformance with sound engineering standards. 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 one foot. FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. There term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. � 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 SYSTErJi 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 0113L -2- so as to render the structure in violation of the applicable non-elevation design requirement of aection 60.3 of the National Flood Insurance Program regulations. MANUFACTUR.ED 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. For flood plain management purposes the term manufactured home" also includes Park trailers, travel, trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufacture home" does not include park trailers, travel trailers, and other similar vehicles. n�EAN 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 structures for which the "start of construction" commenced on or after the effective date of this article. 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, provide the actual start of construction, repair, reconstruction, 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. STRUCTURE means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or it of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or, (b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. VARIANCE means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by the �, article. VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evedence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to in violation until such time as that documentation is provided. 0113L -3- 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 flood plains of coastal or riverine areas. Sec. 7-181. STATUTORY AUTHORIZATION. The Legislature of the State of Texas has, in V.A.T.C.S. Water Code, Section �,� 16.311, delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Grapevine, Texas, does hereby ordain this article. Sec. 7-182. FINllINGS OF FACT. (a) The flood hazard areas of Grapevine, Texas, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. Sec. 7-183. 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: (a) To protect human life and health; �� (b) To minimize expenditure of public money for costly flood control projects; (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To mininize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) To help maintain a stale tax base by providing for the second use and development of areas of specific flood hazard so as to minimize future flood blight areas; (g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. ^�-� Sec. 7-184. 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 other ordinances, easements, covenants, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions all prevail. Sec. 7-185. INTERPRETATION. In the interpretation and application of this article, all provisions shall be: (a) Considered as minimum requirements; 0113L -4- (b) Liberally construed in favor of the governing body; and, (c) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 7-186. WARNING AND DISCLAIMER OF LIABILITY. (a) The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. (b) This article does not imply the land outside the area 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 of Grapevine, any officer or employee thereof, or the Federal Emergency Mart Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 7-187. LANDS TO WHICH THIS A�tTICLE APPLIES. The article shall apply to all areas of special flood hazards within the jurisdiction of the City of Grapevine. Sec. 7-188. BASIS FOR ESTABLISHING 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 Grapevine, Texas," dated May 17, 1982, with accompanying flood insurance rate maps and flood boundary-floodway maps, and any revisions thereto are hereby adopted by reference and declared to a part of this article. The flood insurance study is on file at City Hall, 413 Main Street, Grapevine, Texas. Sec. 7-189. METHODS OF REDUCING FLOOD LOSSES. i�wwr In order to accomplish its purposes, this article includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accurate or channel floodwaters; (d) Controlling filling grading, dredging, and other development which may increase flood damage; and, (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. �' Sec. 7-190. DEVELOPMENT PERMIT. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 7-188. Application for the development permit shall be made on forms furnished by the city's public works director and may include, but is not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fills storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 0113L -5- (a) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; (b) Elevation, in relation to mean sea level, to which any structure has been floodproofed; (c) Certification by a registered professional engineer that the floodproofing methods for any residential or nonresidential structure "�""' meet the floodproofing criteria in Subsection 7-193(b); and, (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Sec. 7-191. DESIGNATION OF THE CITY'S PUBLIC WORKS DIRECTOR AS AD1�'lINISTRATOR. The city's public works director is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions. Sec. 7-192. DUTIES AND RESPONSIBILITIES OF THE CITY'S PUBLIC WORKS DIRECTOR Duties of the city's public works director shall include, but are not limited to: (a) PERMIT REVIEW. (1) Review of all development permits to determine that the permit requirements of this article have been satisfied. (?) Review of all development permits to determine that all necessary permits have been obtained from those federal, �,� state, or local governmental ageneies from which prior approval is required (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334). (3) Review of all development permits to determine if the proposed development is located in the floodway. (b) USE OF OTHER BASE FLOOD DATA. When base flood elevation data has not been provided in accordance with Section 7-188, BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD, the city's public works director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer Subsection 7-193(b)(1), SPECIFIC STANDARDS, RESIDENTIAL CONSTRUC- TION, and Subsection 7-193(b)(2), SPECIFIC STANDARDS, NON- RESIDENTIAL CONSTRUCTION. (1) 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 A-130 and AE on the city'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 foot at any point within the com munity. (c) INFORMATION TO BE OBTAINED AND MAINTAINED. ' (1) Obtaining and recording the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improve structures, in all special flood hazard areas. (2) For all new, substantially improved, floodproofed structures: 0113L -6- a. Verifying and recording the actual elevation, in relation to mean sea level; and b. Maintaining floodproofing certifications required in Section 7-190(c). (3) Maintaining for public inspection all records pertaining to the provisions of this article. �_Nt (d) ALTERATIONS OF WATERCOURSE. �� (1) Notifying adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Emergency Nianagement Agency. (2) Requiring that maintenance is proveded within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (e) INTERPRETATION OF FIRM BOUNDARIES. Making interpretations, where 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 7-194. Sec. 7-193. PR.OVISIONS FOR FLOOD HAZARD REDUCTION. (a) GENERAL STANDARDS. In all areas of special flood hazards, the following standards are required: ,�F� (1) Anchoring. a. All new construction and substantial improvements shall be elevated and anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes to be placed within Zone A, 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. TWZethods of anchoring may include but are not limited to, use of over-the-top or frame ties to ground anchors. Special requirements shall be that: 1. Over-the-top ties be proveded at each of the four (4) corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one additional tie per side; 2. Frame ties be provided at each corner of the �� home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; 3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and 4. Any additions to a manufactured home be similarly anchored. 0113L -7- c. All manufactured homes shall be in compliance with Section 7-193 (b)(3). d. All manufactured homes to be placed or substantially improved within Zones Al-0, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is 2 feet above the base flood � elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of Section 7-193 (a)(1)(b). �,::F (2) Construction materials and methods. a. All nerv construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Utilities. a. All new and replacement water supply systems shall designed to eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; "�'� c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from „�; them during flooding; d. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Subdivision proposals. a. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 7-182, 183, & 189 of this ordinance. b. All proposals for the development of subdivisions including manufactured home parks subdivisions shall meet Development Permit requirements of Section 7-190 and the provisions of Section 7-193 of this ordinance. c. Base flood elevation data shall generated for subdivision proposals and other proposed development `"��"� including manufactured home parks. d. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to eliminate exposure to flood hazards. e. All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to eliminate flood damage. 0113L -8- (b) SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 7-188, BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD, or in Subsection 7-192(b), USE OF OTHER BASE FLOOD DATA, the following standards are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to maximum of �"° two (2) feet above base flood elevation. All new residential construction shall have an access elevation at or above the base flood elevation. v�..� a. No residential construction shall be permitted in a floodway. (2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of two feet above the level of the flood elevation or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that the structure is watertight from two (2) feet above the base flood level to the lowest floor or basement, with walls substantially impermeable to the passage of water. b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer �•a that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Subsection 7-192(c)(2). �� d. No nonresidential construction shall be permitted in a floodway. (3) Manufactured homes. a. Manufactured homes shall be anchored in accordance with Subsection 7-193(a)(1)b. b. For Manufactured Homes the following are required: 1. Stands or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be a minimum of two (2) feet above the base flood level; 2. Provision for adequate surface drainage and access for a hauler; and, 3. In the instance of elevation on pilings, that: ��� (i)Lots large enough to permit steps, (ii) Piling foundation placed in stable soil no more than ten (10) feet apa rt, (iii) Reinforcement provided for pilings more than six (6) feet above the ground level. c. No manufactured home shall be placed in a floodway. (c) FLOODWAY. Located within areas of special flood hazard established in Section 7-188 are areas designated as floodways. Since the floodway 0113L -9- is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibition of encroachments, including fill, new construction, substantial improvements, and other developm ent. (d) CONSTRUCTION BELOW BASE FLOOD ELEVATION - For all new �,,,. construction and substantial imprnvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a �� °° registered professional engineer or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no more than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Sec. 7-194. VARIANCE PROCEDURE. (a) APPEAL BOARD. (1) The building code board of adjustment, as established by the City of Grapevine, shall hear and decide appeals and requests for variances from the requirements of this article. (2) The building code board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city's public works director in the enforcement or administration of this article. ,�--_ (3) Those aggrieved by a decision of the building code board of adjustment, or any taxpayer may appeal such decision to the �,.�, V.A.T.C.S. Water Code, Section 16.311. (4) In passing upon such applications, the building code board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; �;;� f. The availability of alternative locations for the proposed use which are not subject to flooding or � erosion damage; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 0113L -10- i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. 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; and �..:,. k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and `�``" bridges. (5) Upon consideration of the factors of Subsection (a)(4) above and the purposes of this article, the building code board of adjustment may attach such conditions to the granting of a variance. (6) The city's public works director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Managernent Agency upon request. (b) CONDITIONS FOR VARIANCES. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre, or less, in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in Subsection 7-194(a)(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing �°� the variance increases. �� (2) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Subsection 7-194(a) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety." (3) Variances shall not be issued within any designated floodway. (4) Variances shall only issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and �p4� 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 as identified in Subsection 7-194(a)(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a reduced lowest floor elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 0113L -11- Sec. 7-195. PENALTY FOR VIOLATION. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall fined in a sum not to exceed two hundred dollars ($200.00) and a separate offense shall deemed committed upon each day during or on which a violation occurs or continues after the notice period provided herein has expired. The court shall order removal and abatement of the nuisance." ,�,,., Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not '`�' affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 17tY,i�day of March, 1987. �, ,, L��,�y� Mayor, City of Grapevine �,� ATTEST: City cre [SEAL] APPROVED AS TO FORM: __.�.� __, �_____�___ �_.___;%� �<_. �~ City Attorne �� 0113L -12-