Ord 2016-050/revisions to the San Marcos City Code of Ordinance Chapter 39: Flood Damage Prevention Ordinance

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such as garages or sheds not occupied as dwelling units or not part of the main structure. For 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. Structure means a walled and roofed building, manufactured home, or any gas or liquid storage tank that is principally above ground. Substantial damage 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 percent of the market value of the structure before the damage occurred. Substantial damage also means flood - related damages sustained by a structure on two separate occasions during a ten -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred. Substantial improvement means any repair, reconstruction, addition, or other improvement of a structure, during the life of the structure, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "Historic Structure ". Variance means a grant of relief by the planning and zoning commission from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner that would be otherwise prohibited by this article. Violation means the failure of a structure or other development to be fully compliant with this article. A structure or other development without a floodplain development permit, the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 198823 Geoid 03(or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Working Flood Model means the model most recently approved by the Federal Emergency Management Agency as updated by the City of San Marcos to reflect cumulative impacts of development.