§ 35-F145. Low Risk Flood Area.


Latest version.
  • (a)

    New construction or substantial improvement of any structure, as permitted by other ordinances and regulations unless otherwise stated, may be permitted in a low risk flood area through a floodplain development permit. The low risk flood area, generally known as the River Bend Area, is specifically described in Figure 1. This section shall apply only to the lower level of multilevel structures and the street level adjacent to the Riverwalk area. The lower level of a multilevel structure is in the low risk flood area if it is adjacent to the Riverwalk and has access to the Riverwalk area. The lower level is further defined as being below the regulatory flood level.

    (1)

    Permitted uses in the low risk flood area will be limited to nonresidential uses such as commercial restaurants with open air dining facilities, recreation and entertainment areas, and other commercial establishments.

    (2)

    Any permanent or temporary use as a place of residence or sleeping quarters shall not be permitted in the low risk flood area.

    (3)

    No construction shall be permitted below the Riverwalk level. All new construction along the Riverwalk shall be multistory, with street level egress from any newly constructed shop, restaurant, or other establishment on the Riverwalk. New construction at the Riverwalk level shall be essentially open with jalousies, folding doors, iron gates, or other similar provisions for security. All new construction in the low risk flood area shall utilize to a maximum extent decorating and building techniques that minimize flood damage. The first habitable floor shall be elevated one (1) foot above the base flood level.

    (b)

    The floodplain development permit application shall be submitted to the director of public works and signed and sealed by a registered professional engineer. The application shall include two (2) sets of documents with the following information:

    (1)

    Plans and specifications showing the site and location, dimensions of all property lines and topographic elevations of the lot, existing and proposed structures and improvements, fill, storage of materials, location and elevations of existing and proposed streets and utilities, floodproofing measures, relationship of the above to the location of the flood boundary, the regulatory flood elevation and data, and the existing and proposed flood control measures and improvements.

    (2)

    Cross-sections and profile of the area and the regulatory flood level.

    (3)

    Flood study and drainage report in areas where a study and report have not been reviewed and accepted by the city.

    (4)

    Description of surrounding properties and existing structures and uses.

    (5)

    Justification and reasons for the construction or substantial improvements with consideration of the intent and provisions of these regulations and information as may be applicable on the general standards of section 35-F141 and the following:

    A.

    The danger that materials may be swept onto other lands or downstream to the injury of others.

    B.

    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

    C.

    The importance of the services provided by the proposed facility to the community.

    D.

    The availability of alternative locations not subject to flooding for the proposed use.

    E.

    The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

    F.

    The relationship of the proposed use to the floodplain management program for the area.

    G.

    The safety of access to the property in times of flood for emergency vehicles.

    H.

    The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

    I.

    That the construction or substantial improvement will not result in adverse increase of flood heights, additional threat to public safety, extraordinary public expense, or conflict with other laws or regulations.

    (6)

    An agreement whereby a notice will be inserted in the deed and other conveyance documents of the property and filed with the Bexar County Clerk's office that the property is located in a flood prone area. The notice shall also contain a statement of the number of feet the lowest non-floodproofed floor of the proposed structure is below the 100-year flood level and that actuarial flood insurance rates increase as the first floor elevation decreases.

    (7)

    Such other factors which are relevant to the purposes of these regulations.

    (c)

    The director of public works shall approve or deny a floodplain development permit in the low risk flood area based on the provisions of this section and other requirements of these regulations which may be applicable to the low risk flood area.

    (d)

    If a floodplain development permit is disapproved, the director of public works shall notify the applicant in writing of the section(s) and the specific requirement(s) of these regulations with which the proposed development does not comply and the nature of such noncompliance.

    (e)

    Requests for variances shall follow the variance procedures as set forth in section 35-F135.

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(Ord. No. 95415 § 1 Attachment A)