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<br />-5- <br /> <br />(26) Variance- is a grant of relief to a person from the <br />requirements of this ordinance when specific enforcement <br />would result in unnecessary hardship. A variance, <br />therefore, permits construction or development in a manner <br />otherwise prohibited by this ordinance. (For full <br />requirements see Section 60.6 of the National Flood <br />Insurance Program regulations.) <br /> <br />( 27 ) <br /> <br />Violation- means the failure of a structure or other <br />development to be fully compliant with this ordinance. <br /> <br />(28) Water Surface Elevation- means the height, in relation to <br />the National Geodetic Vertical Datum (NGVD) of 1929 (or <br />other datum, where specified), of floods of various <br />magnitudes and frequencies in the flood plain. <br /> <br />Sec. 5-48. <br /> <br />Lands To Which This Ordinance Applies. <br /> <br />The ordinance shall apply to all areas of special flood hazard <br />with the corporate limits of City of San Marcos, Texa~. <br /> <br />Sec. 5-49. <br /> <br />Basis For Establishing The <br />Hazard. <br /> <br />Areas Of <br /> <br />Special <br /> <br />Flood <br /> <br />The areas of special flood hazard identified by the Federal <br />Emergency Management Agency in a scientific and engineering <br />report entitled, "The Flood Insurance Study for San Marcos, <br />Texas," dated September, 1983, with accompanying Flood Insurance <br />Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) <br />and any revisions thereto are hereby adopted by reference and <br />declared to be a part of this ordinance. <br /> <br />Sec. 5-50. <br /> <br />Flood Plain Permit. <br /> <br />A Flood Plain Permit shall be required <br />with the provisions of this ordinance. <br /> <br />to <br /> <br />ensure conformance <br /> <br />Sec. 5-51. <br /> <br />Compliance. <br /> <br />No structure or land shall hereafter be located, altered, or <br />have its use changed without full compliance with the terms of <br />this ordinance and other applicable regulations. <br /> <br />Se c. 5 - 52 . <br /> <br />Abrogation And Greater Restrictions. <br /> <br />This ordinance is not intended to repeal, abrogate, or impair <br />any existing easements, covenants, or deed restrictions. <br />However, where this ordinance and another conflict or <br />overlap, whichever imposes the more stringent restrictions shall <br />prevail. <br /> <br />Sec. 5-53. <br /> <br />Interpretation. <br /> <br />III i.ìl~ i.lli:.erpretõ.tion and applicatioll v~ ì:l1is ordinance, al: <br />provisions shall be; (1) considered as minimum requirements; (2) <br />librally construed in favor of the governing body; and (3) <br />deemed neither to limit nor repeal any other powers granted <br />under State statutes. <br /> <br />Sec. 5-54. <br /> <br />Warning And Disclaimer Or Liability. <br /> <br />The degree of flood protection required by this ordinance is <br />considered reasonable for regulatory purposes and is based on <br />scientific and engineering considerations. On rare occasions <br />greater floods can and will occur and flood heights may be <br />increased by man-made or natural causes. This ordinance does <br />not imply that land outside the areas of special flood hazards <br />or uses permitted within such areas will be free from flooding <br />