A.

Generally. Except as otherwise provided in this Code of Ordinances, all the uses and activities permitted by these regulations within the City limits of the City of Marble Falls or within its extraterritorial jurisdiction shall conform to the standards of this Section using adequate and appropriate prevention and/or mitigation techniques as may be necessary to prevent or abate the nuisance to abutting properties and protect the public health and safety.

B.

Glare. Any operation or activity producing intense glare shall be performed in such a manner as not to create a nuisance or hazard across lot lines. Direct illumination from any source of light or direct welding glare shall be screened from adjoining properties and reflected light from these sources shall not exceed 0.5 lumens at or beyond the lot line of the property in which the use is located.

C.

Smoke and Particulate Matter. Smoke emitted from any vent, stack, chimney, skylight, window, building opening, or combustion process shall comply with the Texas Clean Air Act and the rules and regulations of the Texas Commission on Environmental Quality (TCEQ).

D.

Toxic and Noxious Matter. In no case shall the concentration of toxic or noxious matter (chemical or biological) be released across source lot lines that endangers the public health, safety, comfort, or welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses. Disposal of toxic or hazardous waste within the City is specifically prohibited.

E.

Explosives. Explosives shall be stored, utilized and manufactured in accordance with applicable local, state, and federal laws. All applications for uses involving fire and involving fire and explosive hazards shall only be permitted when specifically approved by the Fire Marshal. Such approval shall indicate compliance with all applicable fire codes and policies of all local government entities with jurisdiction.

F.

Storage or Burning of Trash. No storage of rubbish or trash shall be allowed. No burning of rubbish or trash shall be allowed unless otherwise permitted or approved by the City of Marble Falls Fire Chief or his/her designee.

G.

Odors. No use shall be permitted to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at or beyond the lot line of the property in which the use is located.

H.

Dust and Debris. No use shall be permitted to produce dust or debris at or beyond the lot line of the property in which the use is located.

I.

Vibration. No use shall be permitted to produce ground vibrations which are noticeable without instruments at or beyond the lot line of the property in which the use is located.

J.

Noise. No use shall be permitted which causes, allows, or permits activities which violate the noise nuisance provisions set out in Section 14-3, Generally, of the City's Code of Ordinances, or as may be amended.

A.

Statutory Authorization. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, §§ 16.3145 and 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council adopts this Division pursuant to this grant of authority. The provisions of this Division are intended to set out requirements that are not less stringent than those which are required for participation in the National Flood Insurance Program.

B.

Findings of Fact.

1.

The flood hazard areas of City 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.

C.

Statement of Purpose. It is the purpose of this Division 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.

Ensure that potential buyers are notified that property is in a flood area.

D.

Interpretation. In the interpretation and application of this Division, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes or the City's Home Rule Charter.

E.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Division 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;

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

A.

Applicability. The Division shall apply to all areas of special flood hazard within the jurisdiction of the City.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled "The Flood Insurance Study (FIS) for Burnet County and incorporated areas," dated November 1, 2019, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM), dated November 1, 2019, and any revisions thereto are hereby adopted by reference and declared to be a part of this Division.

C.

Establishment of a Floodplain Development Permit. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Division.

D.

Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations.

E.

Abrogation and Greater Restrictions. This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, conditions or restrictions (CCRs). However, where this Division and another ordinance, easement, covenant, condition, or restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F.

Warning and Disclaimer of Liability. The degree of flood protection required by this Division 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 manmade or natural causes. This Division 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 Division shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Division or any administrative decision lawfully made hereunder.

(Ord. No. 2019-O-07C, § II, 7-16-2019; Ord. No. 2019-O-11D, § II.A, 11-19-2019)

A.

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:

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.

B.

Specific Standards for Flood Hazard Reduction.

1.

Generally. The requirements in this subsection apply to all areas of special flood hazards where base flood elevation data has been provided as set forth in:

a.

Subsection 5.2.2.B, Basis for Establishing the Areas of Special Flood Hazard;

b.

Subsection 11.1.12.B.5, Floodplain Information and Determination; or

c.

Subsection 5.2.3.C.3, Generation of Base Flood Elevation Data.

2.

Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated 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. See Section 11.5.2, Floodplain Development Permit.

3.

Nonresidential Construction.

a.

New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either:

i.

Have the lowest floor (including basement) elevated at least one foot above the base flood level, or

ii.

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 and effects of buoyancy. This option is only allowed if the Floodplain Administrator finds that the criteria for a Floodplain Variance that are set out in Section 11.3.8, Floodplain Development Variances, are met.

b.

A registered professional engineer or architect 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 with accepted standards of practice as outlined in this subsection.

c.

A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood-proofed shall be maintained by the Floodplain Administrator.

4.

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 on separate walls 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.

5.

Manufactured Homes.

a.

Manufactured Homes in Zone A. All manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of 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.

b.

Manufactured Homes in Zones A1-30, AH, and AE. All that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community'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, shall be:

i.

Elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation, and

ii.

Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c.

Manufactured Homes in Zones A1-30, AH and AE. All manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of Subsection 5.2.3.B.5.b be elevated so that either:

i.

The lowest floor of the manufactured home is one foot above the base flood elevation, or

ii.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are:

a.

No less than 36 inches in height above grade, and

b.

Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

6.

Recreational Vehicles.

a.

Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM, shall:

i.

Be on the site for fewer than 180 consecutive days, or

ii.

Be fully licensed and ready for highway use, or

iii.

Meet the permit requirements of Section 11.5.2, Floodplain Development Permit, and the elevation and anchoring requirements for "manufactured homes" in Subsection 5.2.3.B.5, Manufactured Homes.

b.

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.

C.

Standards for Subdivision Proposals.

1.

Generally. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be designed in a manner that is consistent with:

a.

Subsection 5.2.1.B, Findings of Fact,

b.

Subsection 5.2.1.C, Statement of Purpose, and

c.

Subsection 5.2.1.E, Methods of Reducing Flood Losses.

2.

Permit Requirements. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section 11.5.2, Floodplain Development Permit, and the provisions of this Section 5.2.3, Provisions for Flood Hazard Reduction.

3.

Generation of Base Flood Elevation Data. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to Subsection 5.2.2.B, Basis for Establishing the Areas of Special Flood Hazard, or Subsection 11.1.12.B.5, Floodplain Information and Determination.

4.

Adequate Drainage Provided. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

5.

Location of Public Utilities and Facilities. All subdivision proposals 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.

D.

Standards for Areas of Shallow Flooding (AO/AH Zones).

1.

Generally. Located within the areas of special flood hazard established in Subsection 5.2.2.B, Basis for Establishing the Areas of Special Flood Hazard, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths 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; therefore, the provisions of this subsection shall apply.

2.

Elevation of New Construction and Substantial Improvements (Residential). All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified);

3.

Elevation of New Construction and Substantial Improvements (Nonresidential). All new construction and substantial improvements of nonresidential structures:

a.

Have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or

b.

Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the base flood elevation in an AH Zone, 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.

4.

Certification Required. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied. See Section 11.5.2, Floodplain Development Permit.

5.

Drainage Paths. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

E.

Floodways.

1.

Generally. Floodways located within areas of special flood hazard established in Subsection 5.2.2.B, Basis for Establishing the Areas of Special Flood Hazard, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the provisions of this subsection shall apply.

2.

Encroachments Prohibited. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory 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 community during the occurrence of the base flood discharge.

3.

Permitted Exceptions.

a.

If Subsection 5.2.3.E.2 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.2.3, Provisions for Flood Hazard Reduction, and

b.

Under the provisions of 44 CFR Chapter 1, § 65.12, of the National Flood Insurance Program Regulation, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by § 65.12.

A.

Intent. The intent of this Division is to encourage best practices of low impact development (LID) and site design techniques in order to promote environmental values and promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City. The provisions of this Division are intended to:

1.

Reduce impacts of the built environment and human use of the land.

2.

Promote comprehensive and efficient site design practices of properties.

3.

Promote efficient on-site stormwater management systems.

4.

Allow for flexible site design for new developments or redevelopments that encourage the use of low impact development techniques.

5.

Implement provisions of the Marble Falls Comprehensive Plan that encourage environmental protection and use of low impact development techniques.

B.

Applicability. This Division applies to all properties and parcels proposed for development seeking to implement low impact development techniques.

A.

Generally. The selection, design, and implementation of low-impact development techniques should utilize best practices of these techniques and the preservation of natural areas within individual sites.

B.

Low Impact Development Methods. Credits are granted for the utilization of low-impact development technique, with each method counting as three (3) credits up to a maximum of 12 credits per grouping, as listed below. These credits can be applied towards an increase in maximum lot coverage, decrease in off-street parking requirements, and decrease in site landscaping requirements. Additionally, the areas where low-impact development techniques are being applied may count towards the open space requirements in Table 4.2.1, Development Options and Yield for New Residential Development.

1.

Stormwater Collection (12 credits total).

a.

Rain garden;

b.

Bioswale;

c.

Green roof;

d.

Rainwater harvesting;

2.

Stormwater Conveyance and Treatment (12 credits total).

a.

Vegetated filter strip;

b.

Parking lot island bioretention cell;

c.

Swale blocks;

d.

Constructed stormwater wetlands;

3.

Preservation of Natural Areas (12 credits total).

a.

Conservation of natural creek corridors and floodplains;

b.

Native tree canopy and understory species;

c.

Native grassland;

d.

Similar natural characteristics untouched during development.

A.

Generally. Certain development standards may be modified through the use of low impact development credits gained by the application of the methods described in Section 5.4.2. Total credits gained may be applied simultaneously to each of the following categories to the maximum extent allowed.

1.

Lot Coverage. Maximum lot coverage limitations, as specified in Section 4.2.3 and Section 4.3.1, may be increased by one percentage point for each credit obtained through the use of LID techniques (1:1 percentage/credit), with a maximum of 5 percent increase allowed.

2.

Off-street Parking. When required off-street parking spaces number 10 spaces or greater, the number of spaces may be reduced by two percentage points for each credit obtained through the use of LID techniques (2:1 percentage/credit), with a maximum of 15 percent decrease allowed.

3.

Minimum Open Space. The minimum open space percentage required for residential zoning districts may be reduced by one percentage point for each credit obtained through the use of LID techniques (1:1 percentage/credit), with a maximum of 5 percent decrease allowed.

A.

Generally. The requirements of drainage systems established in Section 6.2.10, Stormwater Collection and Conveyance Systems, shall also apply to low impact development facilities.

B.

On-Going Responsibility.

1.

Developer. The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backlot and side lot drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.

2.

Owner/Operator. After expiration of the maintenance bond, the owner/operator shall be responsible for on-going maintenance and correction of deficiencies, to ensure long-term functioning of the LID improvement.

C.

Maintenance and Inspection. Water quality control structures, retention and detention facilities, and Best Management Practices (BMPs) for nonpoint source pollution control permitted by the City under Chapter 28, Nonpoint Source Pollution, of the City's Code, shall be maintained and inspected in accordance with Chapter 28, Nonpoint Source Pollution, and any permits or authorizations issued thereunder.