§ 25-7-92. ENCROACHMENT ON FLOODPLAIN PROHIBITED.

(A)

Except as provided in Section 25-7-96 (Exceptions in the 25-Year Floodplain), a development application may not be approved if a proposed building or parking area encroaches on the 25-year floodplain.

(B)

Except as provided in Sections 25-7-93 (General Exceptions), 25-7-94 (Exceptions in Central Business Area), and 25-7-95 (Exceptions for Parking Areas), a development application may not be approved if a proposed building or parking area encroaches on the 100-year flood plain.

(C)

The director may grant a variance to Subsection (A) or (B) if the director determines that:

(1)

the finished floor elevation of a proposed building is at least two feet above the 100-year floodplain;

(2)

normal access to a proposed building is by direct connection with an area above the regulatory flood datum, as prescribed by Chapter 25-12, Article 1 (Building Code);

(3)

a proposed building complies with the requirements in Chapter 25-12, Article 1, Section 25-12-3 Appendix G (Flood Resistant Construction) and Section 1612 (Flood Loads);

(4)

the development compensates for the floodplain volume displaced by the development;

(5)

the development improves the drainage system by exceeding the requirements of Section 25-7-61 (Criteria for Approval of Development Applications), as demonstrated by a report provided by the applicant and certified by an engineer registered in Texas;

(6)

the variance is required by unique site conditions; and

(7)

development permitted by the variance does not result in additional adverse flooding impact on other property.

(D)

The director shall prepare written findings to support the grant or denial of a variance request under this section.

Source: Ord. 20131017-046.