ORD 2001-14 - DVLP Code - Flood Losses 05-22-2001ORDINANCE NO. 2001-14
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTERS
2, 4 AND 15 OF THE DEVELOPMENT CODE IN ORDER TO CHANGE AND
IMPLEMENT REGULATIONS WITH REGARDS TO MINIMIZING FLOOD LOSSES IN
THE CITY OF HUNTSVILLE, ADOPTING DEFINITIONS CONCERNING THE SAME;
AND ADOPTING NEW FLOODWAY -FLOOD BOUNDARY AND FLOODWAY MAPS
PREPARED FOR THE CITY BY FEMA; REQUIRING THE PUBLICATION OF THIS
ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission held a public hearing on May 2, 2001,
and the City Council held public hearings on May 8 and May 22, 2001, to receive input on the
amendments to Chapters 2, 4 and 15 of the Development Code; and
WHEREAS, the Planning and Zoning Commission recommends the amendments to Chapters
2,4 and 15; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: That the following chapters ofTitle 32 "Community Development" ofthe Code
of Ordinances for the City of Huntsville, Texas, are hereby amended as set -out herein:
a. Chapter 2, Section 205 "Drainage Work; Excavation and Reclamation" is amended as
highlighted on Exhibit I attached hereto and incorporated herein and the respective provisions within
said section are amended with the highlighted language.
b. Chapter 4 "Overlay Districts," Section 403.1 "Flood hazard district" is amended as
highlighted on Exhibit 2 attached hereto and incorporated herein and the respective provisions within
said section are amended with the highlighted language and the struck through language is deleted
from the provisions.
c. Chapter 15 "Definitions" is amended as highlighted on Exhibit 3 attached hereto and
incorporated herein and the definitions highlighted on Exhibit 3 are added to Chapter 15 and the
struck through language is deleted from various definitions.
SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is, for any reason, declared invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such invalidity shall not
affect the remaining provisions hereof and the City Council determines that it would have adopted
this Ordinance without the invalid section, subsection, sentence, clause, phrase or provision.
SECTION 3: All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by the Ordinance.
SECTION 4: This Ordinance shall take effect ten (10) days after its passage by the City
Council, and the City Secretary shall publish the caption of this Ordinance in the official City
newspaper at least twice within ten (10) days of its passage.
PASSED AND APPROVED THIS 22 T DAY OF MAY, 2001.
CITY OFF H SVIL ,TEXAS
William B. Green, Mayor
ATT ST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
4au;IiC. Isham, City Attorney
City of Huntsville
Planning and Zoning Commission
1212 Avenue M
Huntsville, TX 77340
May 2, 2001
Members:
Joe Boaz, Chairman
Jim Sims, Vice - Chairman
Ralph Brim
Sylvia Davis
Eric Johnston
Joe Shaw
Charles Smith
Mayor and City Council
City of Huntsville
1212 Avenue M
Huntsville, TX 77340
RE: Zoning Ordinance Revisions
Amendment to the Development Code
Dear Mayor & City Council:
A public hearing was held by the Planning and Zoning Commission on Wednesday, May 2, 2001 at
City Hall at which time attending citizens were heard, and the Planning and Zoning Commission
unanimously approved the draft of FEMA 60.3(d) Flood Damage Prevention Ordinance which would
amend Section 403, Chapter 15- Definitions and all appropriate sections of the Development Code and
authorized staff to make the amendments for presentation at a future public hearing. A public hearing
was then held on May 21, 2001 to take comments on the amendments prepared by staff to Chapter 2,
Chapter 4 and Chapter 15 of the Development Code.
The Commission hereby submits a recommendation to City Council to adopt the ordinance 2001 -05-
22.1 to adopt the Federal Emergency Management Agency floodway -flood boundary and
floodway maps prepared by FEMA dated May 7, 2001, and to amend sections of the
Development Code.
Your consideration of this matter is appreciated.
Respectfull ,
�G
J Boa
Chairman, Planning and Zoning Commission
cc: Paul Isharn, City Attorney
Scott Murray, City Planner
Helen Belcher, Development Coordinator
Glenn Isbell, City Engineer
file
Proposed Amendments to
CHAPTER 2.
205. DRAINAGE WORK; EXCAVATION AND RECLAMATION
205.1 Permit required
The developer or owner of property shall obtain a development permit from the City
before depositing or removing any material within a watercourse; excavating within
a watercourse; constructing, altering, or removing any structure within, upon or
across a watercourse; planting or removing any vegetation within a watercourse; or
altering any embankment within a watercourse.
205.2 Standards
The developer shall meet all standards relating to construction and drainage
contained in Chapters 7 and 10 and Section 403.1 of this Code, and the provisions of
the Standard Excavation and Grading Code in obtaining permission to reclaim or
improve watercourses.
205.3 Permit procedures for flood hazard zone areas
(1) The developer shall apply to the City Engineer for a development permit on
forms furnished by the City Engineer. The form may include, but not be
limited to, a site plan as described in Section 203.1 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 developer shall show following information:
(a) elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(b) elevation in relation to mean sea level to which any nonresidential
structure shall be flood proofed;
(c) a certificate from 0 registered professional engineer or architect
that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Section 403.1 (3)(b);
(d) description of the extent to which any watercourse or natural drainage
will be altered or relocated because of proposed development;
(e) maintain a record of all such information according to Section
403.1(8)(a).
(2) Approval or denial of a development permit by the City Engineer shall be
based on all of the provisions of Section 403.1 (0 and emphasizing the
following relevant factors:
(a) the danger to life and property due to flooding or erosion damage;
(b) the susceptibility of the proposed facility and its contents to flood
damage and the effect of the such damage on the individual owner;
(c) the danger that materials may be swept onto other lands to the injury
of others;
(d) the compatibility 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 vehicles;
(f) 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;
(g) the expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(h) the necessity to the facility of a waterfront location, where applicable;
(i) the availability of alternate locations, not subject to flooding or
erosion damage, for the proposed use; and
(j) the relationship of the proposed use to the comprehensive plan for
that area.
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Proposed Amendments to
CHAPTER 4. DEVELOPMENT DISTRICTS
403. OVERLAY DISTRICTS
403.1 Flood hazard district
(1) Designation of floodplain hazard district
(a) City Council adopts the floodway -flood boundary and floodway maps prepared for
the City by the Federai frisaratice Administratiot Federal Emergency Management
Agency dated February 4, May 7, 2001. The City Engineer shall maintain
copies of these maps.
(b) A person commits an offense if the person makes any change to improved or
unimproved real estate (including but not limited to buildings, structures, dredging,
filling, grading, paving or excavation) within the floodplain without a development
permit (reclamation of land) from the City (see Section 205 of this Code).
(c) If a developer proposes to develop land located in an area not surveyed for Flood
Hazard according to the Federal Insurance Rate Map (FIRM), then the developer
shall employ an engineer to determine the flood hazard for the proposed
development.
(2) General standards for flood hazard reduction
In all areas of special flood hazards the following provisions are required for all new construction
and substantial improvements:
(a) A developer shall design (or modify) and adequately anchor all new construction or
substantial improvements to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(b) A developer shall construct all new construction or substantial improvements by
methods and practices that minimize flood damage;
(c) A developer shall construct all new construction or substantial improvements with
materials resistant to flood damage;
(d) A developer shall construct all new construction or substantial improvements with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other
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service facilities that are designed and/or located to prevent water from entering or
accumulating within the components during conditions of flooding;
(e) A developer shall design all new and replacement water supply systems to minimize
or eliminate infiltration of flood waters into the system;
(f) A developer shall design all new and replacement sanitary sewage systems to
minimize or eliminate infiltration of flood waters into the system and discharge from
the systems into flood waters; and,
(g) A developer shall locate on -site waste disposal systems to avoid impairment to them
or contamination from them during flooding.
(3) Specific standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth
in Sections 403.1 (1)(a), 403.1 (8)(h), 403.1 (1)(4)(d), the following provisions are required:
(a) Residential construction
A professional engineer, architect or land surveyor shall submit to the
City Engineer a certification that new construction and substantial improvement of
any residential structure shall have the lowest floor (including basement) elevated
to or above the base flood elevation before the City Engineer or Building Official
issues a permit for construction or improvement.
(b) Nonresidential construction
New construction and substantial improvements of any commercial, industrial or
other nonresidential structure shall either have the lowest floor (including basement)
elevated to or above the base flood level or, 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 resistin h drostatic and hydrodynamic loads
and effects of buoyancy. An architect or &Wrofessional engineer 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 according to accepted standards of practice as outlined in this
subsection. A record of such certification which includes the specific elevation (in
relation to mean sea level) to which such structures are floodproofed shall be
maintained by the City as part of the permanent development permit file.
(c) Enclosures
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New construction and substantial improvements, with 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 an
architect or registered professional engineer or meet or exceed the following
minimum criteria:
1) A minimum of two (2) 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.
2) The bottom of all openings shall be no higher than one (1) foot above grade.
3) Openings maybe equipped with screens, louvers, valves, or other coverings or
devices if they allow the automatic entry and exit of floodwaters.
(d) Manufactured homes
1) All manufactured homes to be placed within Zone A of the on a community's
- (FHBM) or (FIRM),
shall be installed using methods and practices that minimize flood damage. For
the purposes 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.
All manufactured homes placed orsubstantially improved within
Zones Al -30, AH, and AE on 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 permanentfoundation such that the lowestfloor of the
manufactured home is elevated to or above the base flood elevation and be
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securely anchored to an adequately anchored ,foundation system to resist
flotation, collapse, and lateral movement.
4)3)
in the regulatozy floodvvay in other than an existing itnanufactured honve
nufactured homes, be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones Al -30,
AH and AE on the community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
a) the lowest floor of the manufactured home is at or above the base
.flood elevation, or
b) the manufactured home chassis is supported by reinforced piers or
other, foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(e) Recreational Vehicles - creational vehicles placed on sites within
Zones Al -30, AH, and AE on the community's FIRM either:
(1) be on the site for fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use, or
(3) meet the permit requirements of Article 4, Section C(1), 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.
(4) Standards for subdivision proposals
(a) All subdivision proposals including manufactured home parks and subdivisions shall
be consistent with the provisions of Section 104 (permit required).
(b) The developer of subdivisions including manufactured home parks and subdivisions
shall obtain a development permit (see Section 104 of this code) prior to final platting.
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(c) A developer shall provide base flood elevation data fbi subdivisionproposais mid
generate
flood elevation data for subdivision proposals and other proposed development
including the placement ofmanufactured home parks and subdivisions which is greater
than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Section 403.1 (1)(a) of this code.
(d) All subdivision proposals including manufactured home parks and subdivisions shall
have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals including manufactured home parks and subdivisions shall
have public utilities and facilities (sewer, gas, electrical and water systems) located and
constructed to minimize or eliminate flood damage.
(5) Standards for areas of shallow flooding (AO /AH Zones)
Located within the areas of special flood hazard established in Section 403.1 (1)(a), are areas
designated as shallow flooding. These areas have special flood hazards associated with base flood
depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path
of flooding is unpredictable and where velocity flow maybe evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions apply:
(a) All new construction and substantial improvements of residential structures shall 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 (at least two feet if no
depth number is specified).
(b) All new construction and substantial improvements of nonresidential structures:
1) shall 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 (at
least two (2) feet if no depth number is specified), or;
2) 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 of effects of buoyancy.
(c) An registered professional engineer for architect shall submit a certification to the
City Engineer that shall become part of the permanent development permit file that the
standards of Section 403.1 are satisfied.
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(d) Within Zones AH or AO the developer shall provide adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed structures.
(6) Floodways
Floodways are located within areas of special flood hazard established in Section 403.1 (1)(a).
Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry
debris, potential projectiles and erosion potential, the following provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineeringpractice that the
proposed certification by an engineer is provided denronstrating th encroachments shall
not result in any increase in flood levels within the City during the occurrence of the
base flood discharge.
(b) Where Section 403.1 (6)(a) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Sections 403.1 (2) and 403.1(3)
(7) Designation of the Floodplain Administrator
City Council appoints the City Engineer as the Floodplain Administrator to administer and carry
out- implement the provisions of this ordinwice code and other appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) on floodplain management.
(8) Duties and responsibilities of the Floodplain Administrator
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 concerning the provisions of
this section;
(b) Review permit applications to determine whether proposed building sites, including the
placement of manufactured homes, will be reasonably safe from flooding;
(c) Review, approve or deny all applications for development permits required by adoption
of this section;
(d) 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;
.l
(e) Determine the flood hazard boundary line where interpretation is needed as to the exact
location of the boundaries of the areas of special flood hazards (for example, where
there appears a conflict between a mapped boundary and actual field conditions); the
Floodplain Administrator shall make the necessary interpretation.
(f) Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is the Texas Natural Resource Conservation Commission, before any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency;
(g) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained;
(h) Obtain, review and use any base flood elevation data and floodway data available from
a Federal, State or other source, to administer the provisions of the section when base
flood elevation data has not been provided according to Section 403.1 (1)(a); and
(i) Require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones Al -30 and AE on the City's FIRM, when
a regulatory floodway has not been designated, unless the developer shows 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 community.
(9) Variance procedures; appeals to Zoning Board
A developer may appeal a decision of the City Engineer when the developer alleges there has been
an error in any requirement, decision or determination in the enforcement or administration of the
floodplain hazard district regulations. The procedure for an appeal shall be according to the
hardship relief procedures contained in Section 103 of this Code. The City Engineer shall maintain
a record of all actions involving an appeal and shall report variances to the Federal Emergency
Management, Agency upon request.
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 205.3(2) of this
code have been fully considered. As the lot size increases beyond the one -ha f acre, the technical
justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed
on the National Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of 'this ordinance.
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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.
The Zoning Board shall not issue a variance within any designated floodway if any increase in flood
levels during the base flood discharge would result. Prerequisites for granting variances are:
(a) The Zoning Board shall issue a variance only upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(b) The Zoning Board shall issue a variance only upon, (1) applicant showing a good and
sufficient cause; (2) a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and (3) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(c) The Zoning Board shall give any applicant to whom it grants a variance 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. This notice shall be
filed in the deed records affecting the property.
(d) The Zoning Board may grant a variance for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use if (1) the criteria outlined in Sections 103 and 403.1 (9) 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.
U;
Proposed Amendments to
CHAPTER 15. DEFINITIONS
Accessory Building - a building or structure customarily incidental and subordinate to the
principal structure and located on the same lot as the principal building.
Agriculture - any land or building used for pasturage, floriculture, dairying, horticulture,
forestry, and livestock or poultry husbandry.
Airport - means the Huntsville Municipal Airport.
Airport Elevation - the highest point of an airport's usable landing area measured in feet from
mean sea level.
Airport Hazard - any structure or object of natural growth located on or in the vicinity of a
public airport, or any use of land near such airport, which obstructs the airspace required for the
flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or
takeoff of aircraft.
Alley - a legally established private access easement affording a secondary means of vehicular
access to abutting property and not intended for general traffic circulation.
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.
Alterations any change, addition or modification in construction or type of occupancy; any
change in the structural members of a building, such as walls or partitions, columns, beams or
girders; or any change which may be referred to herein as "altered" or "reconstructed ".
Apartment - a dwelling unit in a "multiple family dwelling" as defined herein.
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, for the purpose of flood hazard regulation, a request for a review of the
Floodplain Administrator's interpretation of any provision of this code or a request for a variance.
Approach - transitional, horizontal and conical zones. These zones apply to the area under the
approach, transitional, horizontal, and conical surfaces defined in FAR Part 77.
Area of Shallow Flooding - means a designated AO, AH, or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an
average depth of one to three 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.
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Area of Special Flood Hazard - is the land in the floodplain within a community subject to a
one 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 refined into Zones A, AE, AH, AO,
Al -99, VO, V1 -3Q, VE or V.
As Built Drawings - plans prepared by a registered professional engineer and certifying that the
public improvements are constructed as shown.
Base Flood - the flood having a one percent chance of being equaled or exceeded in any given
year.
BASEMENT - means any area of the building having its floor sub -grade (below ground level)
on all sides.
Berm - a man-made, formed, earth mound of definite height and width used for obscuring
purposes; the intent of which is to provide a transition between uses of differing intensity.
Block - a tract or parcel of land designated as such on a subdivision plat surrounded by streets
or other physical obstructions.
Boundary Sewer Line - a sewer line installed in a street bounding a development or faced on
only one side by a development, which can also serve property not included in the development
on the opposite side of the street.
Boundary Water Line - a water line, installed in a street bounding a development or faced on
only one side by a development, which can also serve property not included in the development
on the opposite side of the street.
Buffer Yard - a strip of land, including any specified type and amount of planting or structures
which may be required to protect one type of land use from another, or minimize or eliminate
conflicts between them.
Building - see definition in Building Code.
Building Height - the vertical distance measured from the established grade to the highest
point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average
height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on
a sloping terrain, the height may be measured from the average ground level of the grade at the
building wall.
Building Line - a line parallel to the front lot line. A minimum building line is the same as the
minimum required front setback line.
Building, Principal - a building in which is conducted the main or principal use of the lot on
which said building is located.
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Certificate of Compliance - a certificate issued by the City to a party or parties intending to
initiate any work or change any use of property in the City.
Church - a building wherein persons regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain public worship, together with
all accessory buildings and uses customarily associated with such primary purpose.
City - the City of Huntsville, Texas.
Club - an organization of persons for special purposes or for the promulgation of sports, arts,
science, literature, politics or similar activities, but not operated for profit and open only to
members and not the general public.
Commercial Building - any building other than a single family residence.
Condominium - see unified development.
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, for the purpose of flood hazard regulation, any man-made change in
improved and unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of
equipment or materials.
Developer - any person who improves or subdivides a tract of land or improves or takes any
action preparatory to the erection, improvement or movement of any building or structure on a
tract of land.
Density - the average number of dwelling units per acre for the entire development, including
streets.
District - an area of land for which there are uniform regulations governing the use of buildings
and premises, density of development, yard requirements and height regulations.
Dwelling, Multiple Family - a building used or designed as a residence for three or more
families living together independently of each other.
Dwelling, Single Family - a detached building, designed for or occupied exclusively by one
family.
Dwelling, Two Family - a detached building, designed for or occupied by two families living
independently of each other.
Dwelling Unit - one or more rooms with bathroom and principal kitchen facilities designed as a
self contained unit for occupancy by one family for living, cooking and sleeping purposes.
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Erected - the word "erected" includes built, constructed, reconstructed, moved upon, or any
physical operations on the premises required for the building. Excavations, fill, drainage, and the
like, shall be considered a part of erection.
Elevated Building - means a non-basement building (i) built, in the case of a building in Zones
Al -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 Al-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 met the standards of Section 60.3(e)(5) of the National Flood
Insurance Program regulations.
Excavation - any breaking of ground, except common household gardening, general farming
and ground care.
Existing Construction - means, for the purpose of flood hazard regulation and for the purposes
of determining flood insurance rates, structures for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means, for the purpose of
flood hazard regulation, 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, for the purpose offload hazard regulation, 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 o f utilities, the construction of streets, and either final site grading or
,
the pouring of concrete pads).
Family - an individual, or two or more persons related by blood, marriage, or adoption, or
parents along with their direct lineal descendants, and adopted or foster children (including
domestic employees) or a group not to exceed two persons not related by blood or marriage,
occupying a premises and living as a single housekeeping unit with single cooking facilities.
Every additional group of two or less persons living in such housekeeping unit shall be
considered a separate family. Said definition shall not apply in instances of group care centers,
or licensed residential facilities.
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Filling - the depositing or dumping of any matter into or onto the ground except common
household gardening and general maintenance.
Flag Lot - a lot which has minimum frontage on a public street, which is reached via a private
drive or lane whose width some distance back from the street right-of-way, meets all ordinance
requirements.
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 or run -off of surface waters from any source.
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.
Flood Insurance Study - is the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, water surface elevation of the base flood, as well as
the Flood Boundary- Floodway Map.
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.
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.
Floodplain or Flood -Prone Area - means any land area susceptible to being inundated by
water from any source (see definition of flooding).
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Floodproofmg - means any combination of structural and nonstructural additions, changes or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
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 as 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 (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 for the purpose of flood hazard regulation, 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 ship building and ship repair facilities, but does not
include long -term storage or related manufacturing facilities.
Grade - a ground elevation established for the purpose of controlling the number of stories and
the height of any structure. The building grade shall be determined by the level of the ground
adjacent to the walls of any structure if the finished grade is level. If the ground is not level, the
grade shall be determined by averaging the elevation of the ground for each face of the structure.
Habitable Floor - means for the purpose of food hazard regulation, any floor usable for the
following purposes; which includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used for storage purposes only is not a "habitable floor."
Half- Street - a vehicular access -way created if only a portion of the required right -of -way width
or pavement width is dedicated and/or constructed.
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, for the purpose of flood hazard regulation, any structure
that is:
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;
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;
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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
Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
by an approved state program as determined by the Secretary of the Interior or;
directly by the Secretary of the Interior in states without approved programs.
Improvement - Any physical structure or system , including building, drainage work, water
system, sewer system, sidewalks, streets, or utility system.
Industrial - a business, plant or enterprise for production of goods, merchandise, or machines.
Lease - a contract by which one owning such property grants to another the right to possess, use
and enjoy it for a specified period of time in exchange for the periodic payment of a stipulated
price.
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.
Lot - an undivided tract or parcel of land having frontage on a public street and which is, or in
the future may be offered for sale, conveyance, transfer or improvement.
Lot Depth - the distance on a horizontal plane between the midpoint of the front lot line and the
midpoint of the rear lot line.
Lot Lines - the lines bounding a lot as defined herein:
(a) Lot Line, Front: In the case of an interior lot, a line separating the lot from the
street, as in the case of a corner lot, a line separating the narrowest street frontage of
the lot from the street, except in those cases where the deed restrictions specifies
another line as the front lot line; provided, however, that the front lot line of a non-
residential lot shall be that side adjacent to the highest volume street.
(b) Lot Line, Rear: a lot line opposite and most distant from the front lot line.
(c) Lot Line, Side: any lot line not a front line or rear lot line.
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Lot of Record - a lot which is, (1) part of a platted subdivision, the plat of which is recorded in
the office of the County Clerk, or (2) a parcel or lot described by metes and bounds, the deed of
which has been recorded in the office of the County Clerk prior to March 1, 1982; or (3) a lot
which is part of an approved Boundary Line Adjustment, the plat of which is filed with the City.
Lot Width - the distance on a horizontal plane between the midpoint of the side lot lines.
Lowest Floor - means for the purpose of flood hazard regulation, 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 of the 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.
For insurance purposes the term "manufactured home" dom
. does not include a
"recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots, for rent or sale.
Marquee - a roof -like structure of a permanent nature projecting from the wall of a building.
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.
Mobile Home - a movable or portable dwelling structure which is constructed to be towed on
its own chassis, is capable of being connected to public utilities, and is designed for year -round
living as a single - family dwelling unit without the necessity for a permanent foundation. The
term "mobile home" shall not include pick -up campers, travel trailers, motor homes, converted
buses, tent trailers, or other transportable structures designed for temporary use.
Mobile Home Park - a mobile home park is a parcel of land under single ownership on which
two (2) or more mobile homes are occupied as residences. Any mobile home facility where two
or more units are intended for long -term residential use (beyond ninety (90) days) is considered a
mobile home park for purposes of applying development standards.
New Construction - ineans fbr floodplain inartagernent pulposes, strttctm*es for which the "start
of construction" commenced on or after the effective date of a floodpi i - tentiegufati,
adopted by a connnar-ritr. - 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
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structures. For floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - 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.
Nonconforming Building (Nonconforming Structure) - a building or structure (or portion
thereof) lawfully existing at the time of adoption of this Code or subsequent amendment thereto,
that does not conform to the provisions of this Code relative to height, bulk, area, placement or
yards for the district in which it is located.
Nonconforming Use - the use of a building or structure or of a parcel of tract or land, lawfully
existing at the time of adoption of this Code or subsequent amendment thereto, that does not
conform to the regulations of the district in which it is situated.
Nonprecision Instrument Runway - means a runway having an existing instrument approach
procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight -in nonprecision instrument approach procedure has been
approved or planned, and for which no precision approach facilities are planned or indicated on
an FAA planning document or military service's military airport planning document.
Owner - any owner, authorized agent or contractor who constructs, enlarges, alters, repairs,
moves or changes the occupancy of a building or structure.
Owner's Front Footage - the pro rata amount of the cost of a water or sewer line extension that
is not reimbursable to the person requesting the extension.
Pavement Width - the portion of the surface of the street available for vehicular traffic; if
curbed, it is that portion of street between back of curb and back of curb.
Planned Unit Development (PUD) - see unified development.
Person - an individual, firm, partnership, corporation, company, association, joint stock
association or governmental entity. It includes a trustee, receiver, assignee or similar
representative of any of them.
Primary Surface - means a surface longitudinally centered on a runway. When the runway has
a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond
each end of that runway; but when the runway has no specially prepared hard surface, or planned
hard surface, the primary surface ends at each end of that runway. The width of the primary
surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulation
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(FAR) for the most precise approach existing or planned for either end of that runway. The
elevation of any point on the primary surface is the same as the elevation of the nearest point on
the runway centerline.
Principal Use - the main use to which the premises are devoted and the principal use for which
the premises exist.
Private Street - a vehicular access way under private ownership and maintenance providing
access to building units in the interior of a lot.
Pro Rata - is the charge per front foot of abutting land to be paid by the lot owner or owner of a
development to aid in defraying the cost of supplying sewer service or water service to his lot or
site.
(a) Single pro rata - the charge based on the front footage of abutting land on only one
side of the street or easement.
(b) Double pro rata - the charge based on the front footage of abutting land on both
sides of the street or easement.
Public Street - a public right -of -way, however designated, dedicated or acquired, that provides
vehicular access to adjacent private or public properties.
Public Utility - any person, firm or corporation, municipal department, board or commission
duly authorized to furnish and furnishing under federal, state or municipal regulations to the
public; gas, steam, electricity, sewage disposal, communication, telephone, telegraph,
transportation or water.
Recreational Vehicle (RV) - , inotor home, pick up coadi, ftmve4 trailer,
ot ofliei portabic stracture, with or withont motive power, designed and used fbit hainat
- means a vehicle which is:
built on a single chassis;
400 square feet or less when measured at the largest horizontal projections;
designed to be self - propelled or permanently towable by a light duty truck; and
designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use
Recreational Vehicle (RV) Park - an area set aside and offered by any person for the parking
and accommodation of two (2) or more recreational vehicles.
Reserve - a tract of land created within a subdivision plat that is not divided into lots or
proposed for development at the time of platting.
Residential - a tract of land designed for or used exclusively to contain a dwelling unit or units.
A "primary residential area" shall mean a street or streets in which a majority of the total front
footage is used for residential purposes.
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Right -of -way - a street, alley, or other thoroughfare or easement permanently established for
passage of persons, vehicles, or the location of utilities. The right -of -way is delineated by legally
established lines or boundaries.
Runway - a defined area on an airport prepared for landing and takeoff of aircraft along its
length.
Setback - the minimum unoccupied distance between the lot line and the principal and
accessory buildings, as required herein.
Setback, Front - the minimum unoccupied distance, extending the full lot width, between the
principal and accessory buildings and the front lot line.
Setback, Rear - the minimum required unoccupied distance, extending the full lot width,
between the principal and accessory buildings and the lot line opposite the front lot line.
Setback, Side - the minimum required unoccupied distance, extending from the front setback to
the rear setback, between the principal and accessory buildings and the side lot line.
Sign - any device including words, numerals, figures, designs, pictures or trademarks painted
upon or otherwise affixed to a building, wall, board, or any structure, so as to inform or attract
attention.
Site Plan - a plan showing all salient features of a proposed development, so that it may be
evaluated in order to determine whether it meets the provisions of this Code.
Start of Construction - for floodplain management purposes
include substaritiai impro vement mid inearis that the datc the building permit was 7
construction, provided t1lie actual start of repair, ! !
site, vyas vvidfin HO days of die perinit date. -�Hie actual start rytemis either the first placement o
permarient construction of a structure on a slab, footings, the
instailation of 7 ! excavation; or
! 7 piers or foundations or the erection of ternpoiary
forins; ! such as garages
ot sheds not occupied as dwelling wfits ot part of the main structure. (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 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
15 -11
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.
Street: Expressways - roads intended to serve interstate or high speed, high volume urban
traffic. Access to expressways is limited to other expressways and major streets.
Street: Arterial - roads of regional importance or the main roads of a community. Direct
access is primarily limited to significant land uses.
Street: Collector - provides access to nonresidential land uses and connects residential streets
to the system's arterial streets.
Street: Local - provides access to adjacent land. Characterized by a small service and low
speeds.
Structure - see Building Code
Structure - for floodplain management purposes, means a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
Subdivision Plat - a map or drawing of a proposed subdivision prepared in a manner suitable
for recording in the County records and containing accurate and detailed engineering and survey
data, dimensions, dedicatory statements and certificates.
(1) Preliminary Plat - see Section 203.1
(2) Final Plat - see Section 203.4
SUBSTANTIAL DAMAGE - for. loodplain management purposes, 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 of the market value of the structure before the
damage occurred.
Substantial Improvement - means, for floodplain management purposes anp repair,
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Y
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any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure before "start of
construction" of the improvement. This includes structures which have incurred "substantial
damage "' regardless of the actual repair work performed. The term does not, however, include
either:
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
Any alteration of a "historic structure ", provided that the alteration will not preclude the
structure's continued designation as a "historic structure. "
Unified Development - the separate ownership of single units or apartments in a multiple unit
structure or structures with common elements. (See Tex. Rev. Civ. Stat. art. 1301a)
Utility Runway - a runway that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
Variance - is a grant of relief to a person from the requirements of this code when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
development is a manner otherwise prohibited by this code. (For floodplain management
purposes, see Section 60.6 of the National Flood Insurance Program regulations for full
requirements.
Violation - means, for floodplain management purposes, 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)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation is provided.
Watercourse - a definite channel of a stream in which water flows within a defined bed and
banks, originating from a definite source or sources. (The water may flow continuously or
intermittently, and if the latter, with some degree of regularity, depending on the characteristics
of the sources.)
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.
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