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HomeMy WebLinkAbout0020_0005Subirtahtial Improvement --means any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the market value of the str"re either, (1) before the improve- ment or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the pur- poses 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 (1) any project for improve- ment of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Variances --is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or develop- ment in a manner otherwise prohibited by this ordinance. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of City of Georgetown, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM), #H-01-08, dated March 8, 1974, and any revisions there- to are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E ABROGATION ;AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any exist- ing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements, (2) liberally constructed in favor of the governing body; and (3) deemed neither to limit or repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineer - Ing considerations. On rare occasions greater floods can and will occur af and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of The City of Georgetown or any officer or employee thereoffor any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE BUILDING OFFICIAL The Building Official is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL Duties and responsibilities of the Building Official shall 'include, but not be limited to: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance, (2) Review, approve or deny all applications for development permits required by Article 3, Section C of this ordinance; (3) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local 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 between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. (5) Notify adjacent communities and the Texas Water Development Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (6) Assure that maintenance is provided within the altered or relocated portion 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 Building Official shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer the provision of Article 5. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Building Official on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard.. Additionally, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; 5B b. Elevation in relation to mean sea level to which any non-residential structure shall be floodproofed; 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 relocated as a result of proposed development. (2) Approval or denial of a Development Permit by the Building Official 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 facility and its contents to flood damage and the effect of 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 alternative locations, not subject to flooding or erosion damage, for the proposed use; J. The relationship of the proposed use to the comprehensive plan for that area. SECTION D. VARIANCES PROCEDURES (1) The Building Code Board of Adjustments and Appeals as established by The City of Georgetown shall hear and render judgement on requests for variances from the requirements of this ordinance. (2) The Building Code Board of Adjustments and Appeals shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Building Code Board of Adjustments and Appeals may appeal such decision in the courts of competent ;jurisdiction. M 0