10.11. Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize losses to persons and property resulting from periodic inundations of land by reasons of obstructions in floodways and the occupancy of flood hazard areas by uses vulnerable to floods or creating flood hazards which endanger other properties.

10.12. Method of application. This section shall be applied, administered and enforced as follows:

(1)

This section shall be administered and enforced in accordance with the terms of the flood hazard ordinance of the city, and such ordinances shall be construed together and shall be deemed to be complimentary each to the other. The board of adjustment shall exercise full powers in connection herewith as provided in section 15.21 of this ordinance, in accordance with the procedures therein prescribed.

(2)

No permit shall be issued for the construction, alteration or improvement of any property within a floodway or floodplain area, unless the same shall comply with the terms hereof and the flood hazard ordinance of the city.

(3)

Areas within a floodplain, when dedicated to public use as open space, greenbelts or parkways, or when permanently and irrevocably reserved as privately owned open space, greenbelts or parkways, shall conform to the city's plan of development therefor. Such land may be included in the computation of open space as gross density requirements of this ordinance.

(4)

Definitions. For the purpose of this section the following terms, words and phrases shall have the meanings assigned as follows:

Encroachment lines: Limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations of more than one foot.

Flood: A temporary rise in stream flow or stage that results in water overtopping its bank and inundating areas adjacent to the channel.

Floodplain: The area outside the floodway which is subject to inundation by the regulatory flood.

Floodplain information reports: Those certain engineering studies and reports prepared by the U.S. Army Corps of Engineers that fall within the corporate boundaries of the City of Bridge City, which are hereby incorporated by reference herein.

Floodway: The channel of a stream and adjacent land areas which are required to carry and discharge the floodwater of flood flows of any river or stream associated with the regulatory flood with an allowable maximum increase in water surface elevation above the regulatory flood of one foot.

Minimum building elevation: The elevation to which uses regulated by this ordinance are required to be elevated or flood-protected. This elevation would be equal to the elevation that could be reached by the regulatory flood if it occurred under conditions existing at the time this ordinance was passed, plus one foot to allow for encroachments permitted by the establishment of floodways: (i.e.) minimum building elevation equals regulatory flood elevation plus one foot.

Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Regulatory flood: The regulatory flood is a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the 100-year occurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.

[10.13]. Zoning map flood area designations.

(1)

The provisions of this section shall apply to all lands within the city irrespective of zoning district classification.

(2)

There shall be superimposed upon the official zoning map, floodplain and floodway area designations, as determined by the floodplain information reports herein defined.

(3)

The outer boundary of a floodplain area at any point shall correspond to the elevation of a minimum building elevation, less one foot of said point. Minimum building elevation shall be the governing factor in locating the outer boundary on the zoning map and on the ground. The inner boundary corresponds to the boundary of the floodway area.

(4)

The boundary of a floodway area shall correspond to the floodway encroachment lines. Boundaries of a floodway area shall be determined by scaling distances on the official zoning map. On the ground the floodway encroachment line shall be located by measuring distances perpendicular from the floodway centerline. The surveyor's description of the alignment of said centerline shall be attached to and made a part of the official zoning map as such centerlines are ascertained. In no case shall the boundary of a floodway area extend beyond the outer boundary of a floodplain area.

(5)

Where interpretation is necessary as to the exact location of the boundaries of a floodplain or floodway area as shown in the official zoning map the board of adjustments shall hear testimony thereon from all interested parties and shall thereafter make such interpretation.

10.14. Floodway area uses. No use of land shall be permitted in a floodway area unless:

(1)

The same is permitted within the zoning district in which it is situated;

(2)

Such use is not prohibited by any other ordinance; and

(3)

The same does not require structures, fill, or the storage of materials or equipment: provided, however, that the following uses, when otherwise permitted within the zoning district in which the same are situated, shall be permitted upon application to the zoning administrator and the issuance of a special permit from the city council as provided herein, upon proof of compliance with the flood hazard ordinance of the city:

(a)

Accessory uses or structures.

(b)

Circuses, carnivals and similar transient outdoor amusement enterprises.

(c)

Marinas, boat rentals, docks, piers, and wharfs.

(d)

Railroads, streets, bridges, utility transmission lines, and pipelines.

(e)

Storage yards for equipment, machinery, or materials.

(f)

Kennels and stables.

(g)

Other uses, similar in nature, which are consistent with the provisions of this ordinance, and of the flood hazard ordinance of the city.

Cross reference— Drainage and flood control, ch. 7.