[Amended 11-30-2010,
Ordinance 2010-06]
The Legislature of the State of Oklahoma has in 11 O.S. §§ 41 — 47,
as amended, delegated the responsibility to local governmental units
to adopt ordinances designed to minimize flood losses. Therefore,
the City of Weatherford, Oklahoma, ordains the following, to become
effective immediately:
[Amended 11-30-2010,
Ordinance 2010-06]
1.
The flood hazard areas of the City of Weatherford are subject to
periodic inundation, which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
and extraordinary public expenditures for flood protection and relief,
all of which adversely affect the public health, safety and general
welfare.
2.
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
[Amended 11-30-2010,
Ordinance 2010-06]
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood blight areas; and
7.
Insure that potential buyers are notified that property is in a flood
area.
[Amended 11-30-2010,
Ordinance 2010-06]
In order to accomplish its purposes, this article uses the following
methods:
1.
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
2.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of floodwaters;
4.
Control filling, grading, dredging and other development which may
increase flood damage; and
5.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
[Amended 11-30-2010,
Ordinance 2010-06]
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
Means a structure which is on the same parcel of property
as the principal structure and the use of which is incidental to the
use of the principal structure. Examples of accessory structures include
but are not limited to garages and storage sheds.
Is the land in the floodplain within the City of Weatherford
subject to a 1% or greater chance of flooding in any given year.
Means the flood having a 1% chance of being equaled or exceeded
in any given year.
Means the elevation in feet above mean sea level of the base
flood or 1% chance flood.
Means any area of the building having its floor sub-grade
(below ground level) on all sides.
Means base flood elevation.
Means Code of Federal Regulations.
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.
Means 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.
Means a permit issued by the City of Weatherford Floodplain
Administrator which authorizes development in a special flood hazard
area in accordance with this article.
Means a non-basement building built, in the case of a building
in Zones AE, A, and X, to have the top of the elevated floor adequately
anchored so as not to impair the structural integrity of the building
during a flood up to the magnitude of the base flood. In the case
of Zones AE, A, and X, "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 floodwaters.
Means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date
of the FIRM or before January 1, 1975, for FIRMs effective before
that date. "Existing construction" may also be referred to as "existing
structures."
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 before August 4, 1972.
Means 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 of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Means the Federal Emergency Management Agency.
Means Flood Insurance Rate Map.
Means an official map of the City of Weatherford on which
FEMA has delineated both the areas of special flood hazards and the
risk premium zones applicable to the City of Weatherford.
Is the official report provided by FEMA for City of Weatherford
which contains flood profiles, water surface elevation of the base
flood, as well as the floodway width, section area and mean velocity.
Means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
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 City of Weatherford 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.
Means a person accredited by the OWRB and designated by the
City Commission of the City of Weatherford to administer and implement
laws, ordinances and regulations relating to the management of floodplains.
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.
Means zoning codes and ordinances, subdivision regulations,
building codes, health regulations, special purpose regulations and
ordinances (such as floodplain, grading and erosion control regulations
and ordinances) 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.
Means any land area susceptible to being inundated by water
from any source (see definition of flood).
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. A floodway is located within areas of special flood hazard established in Section 4-42 of this article. A floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles.
Means a use that 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.
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means 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;
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 of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
Means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely
for parking or 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 nonelevation design requirement of
Section 60.3 of Title 44 CFR.
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.
The term "manufactured home" does not include a "recreational vehicle."
Means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Means for purposes of the National Flood Insurance Program,
the North American Vertical Datum (NAVD) of 1988 or other datum, to
which base flood elevations shown on the City of Weatherford's Flood
Insurance Rate Map are referenced.
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 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 the City of Weatherford
City Commission and includes any subsequent improvements to such structures.
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 the City of Weatherford
Floodplain Board.
Means the Oklahoma Water Resources Board.
Means a vehicle which is:
Built on a single chassis;
Four hundred 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.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Public Law 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 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.
Means a walled and roofed building, including a gas or liquid
storage tank that is principally above ground, as well as a manufactured
home.
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% of the market value of the structure before
the damage occurred.
Means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before "start of construction"
of the improvement. This includes structures that 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
would not preclude the structure's continued designation as a "historic
structure."
Is a grant of relief by the City of Weatherford City Commission
to a person from the terms of this ordinance when specific enforcement
would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this
ordinance. (For full requirements see Section 60.6 of Title 44 CFR.)
Means the failure of a structure or other development to
be fully compliant with this City of Weatherford Flood Damage Prevention
Ordinance.
Means the height, in relation to the North American Vertical
Datum (NAVD) of 1988 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
[Amended 11-30-2010,
Ordinance 2010-06]
This flood damage prevention ordinance shall apply to all areas
of special flood hazard within the jurisdiction of the City of Weatherford,
Oklahoma.
[Amended 11-30-2010,
Ordinance 2010-06]
The areas of special flood hazard identified by FEMA in a scientific
and engineering report entitled, "The Flood Insurance Study for Custer
County, Oklahoma and Incorporated Areas" dated January 6, 2011, with
the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted
on January 6, 2011, by reference and declared to be a part of this
article. However, until this date the current effective flood maps
for the City of Weatherford dated December 18, 1979, shall be used
for this purpose until January 6, 2011.
[Amended 11-30-2010,
Ordinance 2010-06]
A development permit shall be required to ensure conformance
with the provisions of this article.
[Amended 11-30-2010,
Ordinance 2010-06]
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
article and other applicable regulations.
[Amended 11-30-2010,
Ordinance 2010-06]
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and any other ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
In the interpretation and application of this article, all provisions
shall be:
[Amended 11-30-2010,
Ordinance 2010-06]
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur and flood heights may be increased by man-made or natural
causes. This article 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 article shall not create
liability on the part of the City of Weatherford or any official or
employee thereof for any flood damages that result from reliance on
this article or any administrative decision lawfully made hereunder.
[Amended 11-30-2010,
Ordinance 2010-06]
The City Commission of the City of Weatherford designates the
currently serving Weatherford Building Inspector and Code Administrator
as Floodplain Administrator to administer and implement the provisions
of this article and other appropriate sections of National Flood Insurance
Program regulations in Title 44 CFR pertaining to floodplain management.
[Amended 11-30-2010,
Ordinance 2010-06]
Duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
1.
Become accredited by the OWRB in accordance with Title 82 O.S. §§ 1601
— 1618, as amended.
2.
Reviews permit applications to determine whether the proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding.
3.
Review, approve or deny all applications for development permits
required by this article.
4.
Review proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental
agencies from which prior approval are required.
5.
Make the necessary interpretation 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).
6.
Notify, in riverine situations, adjacent communities and the OWRB
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the FEMA.
7.
Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
9.
When a floodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted within Zone
AE as delineated on the Custer County FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the City of Weatherford.
10.
After a disaster or other type of damage occurrence to structures
in the City of Weatherford, determine if the residential and nonresidential
structures and manufactured homes have been substantially damaged,
and enforce the substantial improvement requirement.
11.
Maintain a record of all actions involving an appeal from a decision
of the City Commission.
12.
Maintain and hold open for public inspection all records pertaining
to the provisions of this article.
[Amended 11-30-2010,
Ordinance 2010-06]
1.
An application for a development permit shall be presented to the
Floodplain Administrator on forms furnished by him/her 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, including the placement of manufactured
homes, and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
2.
Approval or denial of a development permit by the Floodplain Administrator
shall be based on all of the provisions of this article 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 floodwaters 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; and
j.
The relationship of the proposed use to the comprehensive plan for
that area.
3.
The Floodplain Administrator or City Commission, as applicable, may
approve certain development in Zones A or AE delineated on the Custer
County FIRM which increases the water surface elevation of the base
flood by more than one foot, provided that the applicant for the Development
Permit in that case first complies with 44 CFR Section 65.12.
[Amended 11-30-2010,
Ordinance 2010-06]
1.
General provisions.
a.
The Weatherford Board of Adjustment of the City of Weatherford may grant variances for uses which do not satisfy the requirements of the Oklahoma Floodplain Management Act or this article, if the applicant for the variance presents adequate proof that (i) compliance with this article will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and (ii) satisfies the pertinent provisions of this Section 4-51. However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.
b.
Any variance so granted shall not be construed as to relieve any
person who receives it from any liability imposed by the Oklahoma
Floodplain Management Act or by other laws of the state.
c.
In no case shall variances be effective for a period longer than
20 years.
d.
Any person seeking a variance shall file a petition with the Floodplain
Administration, accompanied by a filing fee of $25.
e.
Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 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 4-50,2 and provisions of Section 4-51 of this Article IV have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
f.
Any person seeking a variance to build a structure below the base
flood elevation will be issued a notice signed by the Floodplain Administration
which states that (i) the cost of flood insurance will be commensurate
with the increased risk resulting from permitting the structure to
be built lower than the base flood elevation, and (ii) such construction
below the base flood level increases risks to life and property.
g.
At such time as the Floodplain Administration deems the petition
ready for notification to the public, the Floodplain Administration
shall schedule a hearing and direct the applicant to publish notice
thereof in a newspaper of general circulation in Custer County at
least 30 days prior to the hearing.
h.
The Board of Adjustment shall conduct the hearing and make determinations in accordance with the applicable provisions of this Sections 4-48 through § 4-51. The Board of Adjustment shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
i.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant;
(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, regulations or
ordinances; and
(4)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
k.
The Floodplain Administrator shall maintain a record of all variance
actions, including justification for their issuance; and a copy of
any variance issued by the Floodplain Board shall be sent by the Floodplain
Administrator to the OWRB and FEMA within 15 days after issuance of
the variance.
2.
Special provisions.
a.
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 article.
b.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
c.
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.
d.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use provided that:
[Amended 11-30-2010,
Ordinance 2010-06]
In all areas of special flood hazards the following provisions
are required for all new construction and substantial improvements:
1.
All new construction or substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
2.
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
3.
All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
4.
All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
5.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
6.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharge from the systems into floodwaters; and,
7.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
[Amended 11-30-2010,
Ordinance 2010-06]
In all areas of special flood hazards the following provisions
are required:
1.
Residential Construction. New construction and substantial improvement
of any residential structure shall have the lowest floor (including
basement) elevated at least one foot above the base flood elevation.
A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard
of this subsection is satisfied.
2.
Nonresidential Construction. New construction and substantial improvements
of any commercial, industrial or other nonresidential structure shall
have the lowest floor (including basement) elevated at least one foot
above the base flood elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection is satisfied.
3.
Enclosures. New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a.
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided;
b.
The bottom of all openings shall be no higher than one foot above
grade; and
c.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
4.
Manufactured Homes. Require that all manufactured homes to be placed
anywhere within the community in Flood Zones A and/or AE on the Weatherford
FIRM shall be installed using methods and practices that minimize
flood damage and have the bottom of the I-beam elevated at least at
or above the base flood elevation. For the purposes of this requirement,
manufactured homes must be elevated and anchored to a permanent foundation
to resist flotation, collapse, or lateral movement. This requirement
is in addition to applicable State and local anchoring requirements
for resisting wind forces. The home shall be installed by a licensed
installer according to Oklahoma State law and compliance herewith
shall be certified in writing to the Floodplain Administrator by said
installer prior to habitation of the manufactured home.
5.
Recreational Vehicles. Require that recreational vehicles placed
on sites within Zones A and AE on the Custer County FIRM either:
a.
Be on the site for fewer than 180 consecutive days,
b.
Be fully licensed and ready for highway use, or
c.
Meet the permit requirements of Section 4-50, 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.
6.
Accessory Structure. Accessory structures to be placed on sites within
Zones A and AE on the Custer County FIRM shall comply with the following:
a.
The structure shall be unfinished on the interior;
b.
The structure shall be used only for parking and limited storage;
c.
The structure shall not be used for human habitation. Prohibited
activities or uses include but are not limited to working, sleeping,
living, cooking, or restroom use;
d.
Service facilities such as electrical and heating equipment must
be elevated to or above the BFE;
e.
The structure shall be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters;
f.
The structure shall be designed to have low flood damage potential
and constructed with flood resistance materials;
g.
The structure shall be firmly anchored to prevent flotation, collapse,
and lateral movement;
h.
Floodway requirements must be met in the construction of the structure;
i.
Openings to relieve hydrostatic pressure during a flood shall be
provided below the BFE; and
j.
The structure shall be located so as not to cause damage to adjacent
and nearby structures.
[Amended 11-30-2010,
Ordinance 2010-06]
1.
The applicant for a development permit for any subdivision located
in Zones A and AE which is 51 or more lots or greater than five acres
shall generate the base flood elevation data for that subdivision.
2.
All subdivisions including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure
to flood hazards.
3.
All subdivisions including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
[Amended 11-30-2010,
Ordinance 2010-06]
The following provisions shall apply to floodways:
1.
Encroachments, including but not limited to fill, new construction,
substantial improvements and other development are prohibited within
the adopted floodway unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the City of Weatherford during the occurrence
of the base flood discharge.
3.
The City of Weatherford may permit encroachments within the adopted
floodway that would result in an increase in base flood elevations,
provided that the applicant for the Development Permit complies with
all of 44 CFR Section 65.12.
[Amended 11-30-2010,
Ordinance 2010-06]
The City of Weatherford City Commission establishes the following
fee schedule not to exceed $500 for any one service:
[Amended 11-30-2010,
Ordinance 2010-06]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. A structure or other
development without the elevation certificate or other certifications
required in this article is presumed to be in violation until such
time as that documentation is provided. Violation of the provisions
of this article by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $200 for each
violation, and in addition shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the City Commission
of the City of Weatherford or its City Attorney from taking such other
lawful action as is necessary to prevent or remedy any violation.
[Added 9-24-2012, Ordinance
2012-09]
1.
Purpose. The City of Weatherford is the owner of all that real property
which comprises a water drainage easement, the specific description
of which is on file with the Weatherford City Inspector's office and
which is referenced in The Compensatory Mitigation Plan for MEC 21194
in Cluster County, Oklahoma, which is on file with the Weatherford
City Inspector's office. Further, said property is subject to a U.S.
Army Corps of Engineers (USACE) Section 404 Permit Number SWT-2011-561,
dated August 10, 2012, and/or any revision thereof. The intent of
the USACE is to assure that the water drainage easement, above described,
will be retained and maintained forever in a vegetative and hydrologic
condition described in the Compensatory Mitigation Plan and the SWT-2011-561
standard permit.
2.
Restrictions. The real property comprising the water drainage easement
owned by the City of Weatherford and which is both described and encompassed
by the Mitigation Plan and Permit above described, is hereby dedicated
as an aquatic ecosystem preserve for the purpose of providing aquatic
"stream" mitigation and said property may not be disturbed without
first obtaining a revision to the aforementioned USACE permit. Activities
within said property prohibited by these restrictions include, but
are not limited to, grazing of livestock, haying, cropping, and commercial
timber harvesting. Land clearing, draining, and other vegetation and
soil disturbing activities are prohibited except as required to accomplish
the mitigation site goals and objectives.
3.
Right to Inspect Property. The USACE shall have the right to enter
and go upon the property for purposes of inspection, and to take actions,
including, but not limited to, scientific or educational observations
and studies, and collection of samples.
Any entity or individual owning land adjacent to the drainage easement above said shall not participate in any of the above described prohibited activities or shall not remove trees or other vegetation or alter the condition of any land within the water drainage easement without first obtaining a permit from the City of Weatherford as described in the permit procedures codified in Section 4-50 of Article 4 of Chapter 4 of the City Code. In addition to the permit required by the City of Weatherford, all permit revisions to the Compensatory Mitigation Plan and the Permit I. o. SWT-2011-561 may be granted only by the U.S. Army Corps of Engineers, Tulsa District, Regulatory Office.
4.
Restrictions to Run with Land in Perpetuity. These restrictions shall
run with the land in perpetuity and be binding on all future owners,
heirs, successors, administrators, assigns, lessees, or other occupiers
and users.
