Ord 2020-087/amending Chapter 39 of the SM Code regarding Flood Damage Prevention by providing for enhances flood damage prevention and mitigation standards

Home Browse Search

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, 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 1988 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. Secs. 39.016-39.020. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 39.021. Basis for establishing the areas of special flood hazard. The areas of special flood hazard are those identified in scientific and engineering reports entitled: (1) "Flood Insurance Study for Hays County, Texas, and Incorporated Areas," dated September 2, 2005, with accompanying flood insurance rate maps and any revisions thereto;