HomeMy WebLinkAboutORD 1977-063 �
CITY OF GRAPEVINE
ORDINANCE �` 77-63
An ordinance relating to the adoption of regulations designed to
minimize flood losses, said ordinances being entitled "Flood Damage
F,; >
Prevention Ordirwnce", providing definitions;, providing general provisions,
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providing for administration; providing variance procedures; providing for flood
hazard reduction; providing a sevarabil ity clause; providing a penalty and
' declaring an emergency. '
WHEREAS, the City Council re�ognizes the need fio adopt cegulations
designed to minimize flood losses.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE.
�►vticl�.: I. The title of this ordinance shalF be "Flood Damuge
Prevention Ordiriance.°
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Article : 2. Definitions.
A. Unless specifically defined below, words or phrases used in this ordinance
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shall be interpreted to give them the meaning they have in comman usage and
to give this ordinance its most reasonable applicafion.
t, Appeal - mearu a request for a review of the building inspectors
( local administrator)
interpretation of any provision of this ordinance or a request for a variance.
2, Area of Shallow Flooding - meons a designated AO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from one
to three feet. This condition occurs where a cfearly defined channef does not
exist, where the puth of flooding is unpredictable and indeterminate, and where
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velocity flow may be evidenfi.
3. Area of Special Flood Hazard - is the land in the flood plain within
� a community subject to a one percent or greater chance of flooding in any given
year.
Ciiy of Grapevine Orciinance, Pg. I
4. Bose Flood - means the flood having a one perc�nt chance of
being equaled or exceeded in any given year.
5. Development - means any man-made change to improved or
unimproved rea) estate, including but not limited fio buildings or other
'� structures, mining, dredging, filling, grading, paving, excavation or drilling
opera ti oris.
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6. Existing Mobile Home Park or Mobile Home Subdivision - means
a parcel (or contiguous parcels) of land divided into two or more mobife home
lots for rent or sale for which the const�uction of facilities for servicing the lot
on which the mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of concrete
pads, and the construGtion of streets) is completed before the effective date of
this ordinance.
7. Expansion To An Existing Mobile Home Park Or Mobile Home
Subdivision - means the preparation of additional sites by the construction of
fiacilities for servicing the lots on which the mobile homes are to be affixed (including
�° the ir�stallation of utilities, either final site grading or pouring of concrete pads�
or the construction of streets.)
8, Flood Or Flooding - means a general and temporary condition of
partia( or complete inundation of norrrally dry land areas from:
(I) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runaff of surfacewaters from
�. , � , a ny source.
9. Flood Hazard Boundary Map (:FHBM} - means an official map of a
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community, issued by the Federal Insurance Administration, where the areas
within the boundaries of special flood hazards have been designated as Zone A.
.. 10. Flood Insurance Rate Map (FIRM) - means an official map of a community,
� on which the Federal Insurance �+dministrotion has delineated both the areas of
I special flood hazards and the risk premium zones applicable to the community.
City of Grapevine Ordinance Pg. 2
II . Flood It�surance Study - is the official report provided by the Federal
Insurance Administration. The report contains flood profiles, the water surface
elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map.
f2. Floodway - means the channel of a river or other watercourse and fihe
�°' adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surfnce elevation more thc�n one foot.
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13. Habitable Floor - mear�s any floor usable for living purposes, wh�ch
includes working, sleeping, eating, cooking or recreation, or a combination thereof.
A floor used for storage purposes only is not a "habitable floor."
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14. Mean Sea Level - means the average height of the sea for all stages of
the tide.
15. Mobile Home - means a structure, transportabfe in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required util ities. It does not
include recreational vehicles or travel trailers.
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16. New Mobile Home Park Or Mobile Home Subdivision - means a parce(
�, , (or contiguous parcels) of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the installation of
utilities, either final sifie grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the effective date of this ordinance.
17. Starfi of Construction - means the first placement of permanent
cor�struction of a structure (other than a mobile home) on a site, such as the
pouring of slabs or footings or any work beyond the stage of excavation. Permanent
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construction does not include the installation of streets and/or walkways; nor does
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ii- include ezcavation for a basement, footings, piers or foundatiorts or the
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erection of temporary forms; nor does it include the installation on the prop�rty of
accessory buildings, such as garages or sheds not occupied as dwell ing units or not
as part of the main structure. For a structure(other than a mobile home) without a
City of Grapevine Ordinonce Pg. 3
basement or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof on its
piling or foundation. For mo6ile homes not within a mobile home park or
mobile home subdivision, "start of construction" means the affixing of Phe mobile
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home to its permanent site. For mobile homes within mobile home parks or
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mobile home subdivisions, "start of construction" is fihe date on which the
construction of facilities for servicing the site on which the mobile home is
to be affixed (including, at a�minimUn, the corutruction of streets, either
final site grading or the pouring of con�rete pads, and installation of utilities)
is completed.
18. Structure - means a walled and roofed building that is pri►�cipally
above ground, as well as a mobile home.
19. Substantial Impravement - means any repair, reconstrucfiion, or
improvement of a structure, the cost of which equals or exceeds 50 percenF of
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the market value of the structure either, (I) before the improvement or repair is
started, or (2) if the structure has been damaged and is being restored, before
� the damage occurred. For the purposes of this definition "substantiaf improvement"
is corisidered to occur when the first alteration of any wall, ceiling, floor, or
other structuxal part of the building commences, whether or not that a(teration
affects the externa) dimensions of the structure. The term does not, however,
include either (I) any project for improvement of a sfiructure to comp(y with
existing state or looal health, sanitary, or safety code specificatiors which are
solely necessary to assure safe I iving conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places or a State Inventory of Historic
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Places.
20. Variance - is a grant of relief to a person from the requirements of
`�--� this ordinance when spe�cific en.forcement wouldeesult in unnecessary hardship.
A variance, therefore, permits construction or development in a manner otherwise
prohibit:ed by this ordirxance.
City of Gropevine Ordinance Pg 4
� AtPic�p3, General Provisions
Section A. Lands To Which This Ordinance Applies
This ordinance shall apply only to ail areas of special flood hazard within the
jurisdiction of the City of Grapevine.
- Section B. Basis For Establishing The Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federat Insurance Adminis-
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tration on its Flood Hazard Boundary Map (FHBM), Community No. 480598A,
dated June 28, 1974, and any revisions thereto are hereby adopted by reference
and declared to be a part of this ordinance.
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Section C. Establishment Of Development Permit
A Development Permit shall be required to ensure conformance with the, provisions
of this ordinance.
Section D. Compl'i4nace
No structure or land shall hereafter be locoted, altered, or have its use changed
without full compliance with the terms of this ordinance and other applicable
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regulations.
� Section E. Abrogation And Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another
conflict or overlap, whichever imposes the more stringent restrictions shall prevail .
Section F. Interprctrition
In the interpreatation and application of this ordinance, a(I provisions shall be:
(l•) considered as minimum requirements; (2) liberally construed in favor of the
governing body; and (3) deemed neither to limit nor repeal any other powPrs
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granted under Stafie statutes.
� Section G. Warning And Disclaimer Of Liability
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The degree of flood protection required by this ordinance �s considered reasonabl�
for regulatory purposes and is based on scientific and engineering cor�sid�rations.
On rare occasions greater floads con and will occur and flood heights may be
increclsed by man-made or r►atural causes. This ordinc�nce does not imply that land
City of Grapevine Ordinance Pg 5
outside the areas of special flood hazards or uses permitted within such areas wil)
be free from flooding or flood damages. This ordinance shal) not creat�liability on
the part of the City of Grapevine or any officer or employee thereof for any
flood damages that result from reliance on this ordinance or any administrative
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decision lawfully made thereunder.
� r "�r}����� 4. Administration
Section A. Designation of Building Inspector.
The Building Inspector is hereby appointed to administer and implement.#he
provisioru of this ordinance. �
Section. B. Duties and Responsibilities of the Building Inspector.
Duties and responsibilities of the Building Inspector shall include, but not be
limited to, the following:
I. Maintain And hold open for public inspection all records pertaining to
the provisioru of this ordinance;
2. Review, approve or deny all appl ications for development permits
required by Article 3, Section C of this ordinance;
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3. Review permits for proposed development to assure that all necessary
permits hove been obtained from those Federal, Stafie or (ocal governmental
agencies from which prior approval is required;
4. 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 befiween a mapped boundary and actual field conditions)
the Building Official shall make the necessary interpretation.
5. Notify adjacent communities and the Texas Departmenfi of Water Resources
prior to any alteratian or relocation of a watercourse, and submifi evidence of such
notification to the Federal Insurance Administration;
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6. Assure that main#enance is provided wi thin the altered or relocated portian
of said watercourse so that the flood carrying capacity is not diminished.
7. When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Quilding Inspect�r shall abtain review, and reasorx��aly
utilize any base flood elevafiion data available from a Federal, State, or other
source, in order to administer the provisian of Articfe 5.
City of Grapevine Ordinance Pg 6
Section C. Permit Procedures
• I. Application for a Development Permit shall be presented io the Building Inspector
on forms furnished by him and may include, but not be (imited to, plans in duplicate
drawn to scale showing the location, dimensions, arid efevation of proposed landscape
alterations, existing and proposed structures, and the location of the foregoing in rela-
� tion toareas of special flood hazard. Additionally, the:fcl�owing information is required:
c�.. Elevation in relation to mean sea level, of the lowest floor (including
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basement) of all proposed structures;
b. Elevation in relation to mean sea level fio which any non-residenfiial
structure shall be fbaodproofed;
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c. A certificate from a registered professional engineer or architect that the
non-residential floodproofed structure shall meet the floodproofing criteria of
Article 5, Section B(2);
d. Description of the extent to which any watercourse or natural drainage
will be altered or relocafed as a result of proposed development;
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2. Approval or denial of a Development Permit by the Building Inspector shall be based
on all of the provisions of this ordinance and the following relevant factors: �
� a. The danger to life and property due to flooding or erosion damage;
b, The susceptibility of the proposed facilityand its contents to flood damage
and the effect of such damage on the individual owner;
c. The danger thafi mater ials may be swept onfio other lands to the injury of others;
d. The compatibil ity of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and
emergency vehicies;
f. The costs of providing governmenta! services during and after flood conditions
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including maintenance and repair of streets and bridges, and public utilities and
facil ities such as sewer, gas, electrical, and water systems.
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g. The expected heights, velocity, dur�tion, rate of rise and sediment traruport of
the flood waters and the effects of wave cction, if appl icabl e, expected at the site;
h. The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
i� The availability of alfe�rnativ� loce�ttons, nc�i� su{aject to flaod`i►�g ar erc�sian
City of Grapevine Ordinance Pg. 7
- damage, for the proposed use;
` j. The relationship of the proposed use to the comprehensive p�an for thct area.
Section D. Variance Procedures
I. The Building Code Board of Adjustment and Appeal as establ ished by Adoptiorr of the
Building Code by the city shall hear�and render judgment on requests for variances from
� the requiremenh of this ordinance.
2. The said Board shall hec�r and render judgment on an appea( only when it is alieged
�-- there is an error in any requiremenfi, decision, or determination :rrtade by fihe Bui(ding
Inspector in the enforcement or administrafiion of this ordinance.
3. Any person or persons aggrieved by the decision of the said Board may appeal
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such decision to the City Council . ,The City Council's decision shall be fina(.
4. The Building Inspector shall maintain a record of all actions invofving an appeai and shall
report variances to the Federol Insurance Administration upon request of said agency.
5. Variances may be issued for the recons.truction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or fihe State Inventory of
Historic Places, without�es�asd to the prctcedures set forth in the remainder of this section.
6. 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
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with existing structures constructed below the base flood level, providing the relevant
factors in Section C(2) of this Article have been fully considered. As the (ot size increases
beyond the one-half acre, the technical justification required for issuing the variance increases,
7. Upon consideration of the factors noted above and the intent of this ordinance, the said
Board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance.
8. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would resuft.
9. Prerequisites far granting variances:
a. Variances shall oniy be issued upon a determination that th� variance
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is the minimum necessary, considering the flood hazard, toafford relief.
b. Variances shall only be issue upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
City of Grapevine �rdinnnce Pg. 8
result in exceptional hardship to the applicant, and (iii) and a determination
that the granting of a variance will not result in increased flood heights, additional
threats to pub{ic safety, extraordinary public expense, creat nuisances, cause fraud
on or victimization of the public, or conflict with existing loca) faws or
ordinances.
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c. Any appl icant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floar
elevation no more than a specified number of feet below the base flood e�levation,
and that the cost of flood insurdnce wil,� be commensurate with the increased risk
resulting from the reduced lowest floor elevption.
ARTICLE 5,
PROVISIONS FOR FL'ClDD HAZARD REDUCTION
Section A. General Standards
In al( areas of special flood hazards the following provisions are required:
�" ' ' I. Al l new consPruction and substantial improvements shall be m chored
to prevent flotation, collapse or lateral movement of the structure;
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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 irnprovements shall be constructed
wifih materials and utility equipment resistant to flood damage;
4. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of f�ood waters into the system;
5. New and replacement sanitary systems shal! be designed to minimize
or eliminate infiltration of flood waters into the systerr► and discharges from the
� -� systems into flood wafiers; and,
6. On-site waste disposal systems sha!! be (ocated to avoid impairment fio
""`"� them or contamination from them during ffooding.
Section. B. Specific Sfiandards
In all areas of special f(ood hazards where base flood etevation data has been
City of Gropevin� Ordinance Pg. 9
. provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B,
(7), or (iii) Article 5, Section C(3) the following provisians are required:
(I) Residential Construction - New Construcfion or subskrntial improvement
of any residential structure shal) have the lowest floor, including basement, elevated
� to or above the base flood elevation. A registered professiona) engineer, architect,
or land surveyor sha() submit a certification to the Building lnspector that the
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standard of this subsection, as proposed in Article 4, Section C(I) (a), is satisfied.
(2) Non-residential Construction - New Construction or substantid
improvement of any commercial, industrja) or other non-residential structure shall
either have the lowest floAr, including basement, elevated to the level of
the base flood elevation or, together with attendent utilityand sanitary
facilities, be floodproofed so that below the base flood leve{ 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
submit a certification to the Building Inspector that the sfiandards of this subsection as
� = proposed in Article 4, Section C(I) (c), are satisfied.
(3) Mobile Homes. �
a. No mobile home shall be placed in a floodway, or if appficable, a
coastal high hazard area, except in an existing mobile home park or existing
mobile home subdivision.
b. All mobile homes shall be anchored to resist flotation, collapse, or
lateral movement. Specific requirements shall be:
(i} overathe-�top ties at each of the four corners of the mobile home, with
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two additional ties per side at intermediate locations and mobile homes less fihan
50 feet long requiring one additional tie per side;
,�: : (ii) frame ties at each corner of the home with five additional ties per side
at intermediate points and mobile homes less than 50 feet fang requiring four additiaral
ties per side;
(iii) all compar�enPs of the anchoring system be capable of carrying a force
o� 4,803 p�unds;
(iv) ony additions to the mobile home be simildrly anchored.
City of Grapevine Ordinannce -Pg. 10
Section C. Standards for Subdivision Proposais
(I) Al) subdivision proposals shall be consistent with ° �' ' ';� ''vr��Q.,
a wcl..D�-ef th i s ord i nc�nc e.
(2) All proposals for the development of subdivisions shall meet Development
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Permit requirements of Article 3, Section C, Article 4, Section C, and the
provisions of Article 5 of this ordinance.
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(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development which is greater than the lesser of 50 lots or
5 acres, if not otherwise provided pursupnt to Article 3, Section � ar Article 4,
Section B (7) of this ordinance.
(4) All subdivision proposals shall have cr�`equate drainage provided to reduce
exposure to flood h�zards.
(5) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electricaf and water systems located and constructed to minimize flood
� damage.
Section D. Penalty .
'�""' Any person violating any of the provisio►is 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 after the notice
period provided herein has expired. The Court shall order removal and abatement of the
nuisance.
Section F. Savings and Severability Clause.
If any section, article, paragraph, sentence, clause, phrase ar word in this ordinance,
� , or application thereto to any person or circumstances is held inval id or unconstitutionai
by a Court of competenP jurisdiction such holding shall not affect the validity of the
� remaining portions of the ordiriance; and the City Council hereby declares it would
have pas'sed such remaining portions of the ordir�ance despite such invalidity� which
remaining portions shall remain in full force and effect.
City of Grapevine Ordinance Pg. II
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Section F. Emergency.
The fact that no present ordinances of the City of Grapevine regulote building
within flood areas exist, creates an urgency and an emergency and in the
preservation of the public health, safety and welfare requires that this ordinance
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shall take effect immediately from and after its passage and fihe publication of the
caption as the law and charter in such cases provides.
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DULY PASSED by fihe Cifiy Council of the City of Grapevine, Texas, this
the 6th day of December , 1977.
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Mayor, City of rapevine, Texas
ATTEST:
�""`"� C i ty ec r ry
APPROVED AS TO FORM:
City Attorney
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City of Grapevine Ordinance Pg. 12