Ord 1977-061 - Laserfiche WebLink

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220c 21. SUBSTANTIAL IMPROVEMENTS--means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state I or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 22. VARIANCE--is a grant of relief to a person from the.require- ments of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, per- mits construction or development in a manner otherwise pro- hibited by this ordinance. Section 5-44. LAND TO WHICH THIS ORDINANCE APPLIES This Article shall apply to all areas of special flood hazard within the jurisdiction to the City of San Marcos. Section 5-45. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard have been identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of San Marcos, Texas, dated June, 1971. The Flood Insurance Rate Maps (FIRM) generated by this study and amended on November 5, 1976 (Community No. 485505A) are the controlling maps for the purposes of this Article. Any revisions I thereto are hereby adopted by reference and declared to be a part of this Article. Section 5-46. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this Article. Section 5-47. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. Section 5-48. ABROGATION AND GREATER RESTRICTIONS This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and any other City regulation conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 5-49. INTERPRETATION In the interpretation and application of this Article, all provisions shall be: (1) considered as minimum requirements; (2) liberally con- strued in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. I Section 5-50. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and en- gineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Article 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 Article shall not create liability