(A) Administrative official.
(1) The provisions of this subchapter shall be administered and enforced by the Director of Public Works of the City of Canton (Local Administrator).
(2) Whenever any construction work is being done contrary to the provisions of this subchapter, the Director of Public Works (Local Administrator) may order the work stopped by notice in writing served on the owner or contractor doing or causing the work to be done, and any such persons shall forthwith stop the work until authorized by the Director of Public Works (Local Administrator) to proceed with the work.
(B) Building permit requirements.
(1) No person shall erect, construct, enlarge, alter, repair, improve, move or demolish any building or structure without first obtaining a separate permit for each building or structure from the Public Works Director (Local Administrator).
(2) No human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained from the Director of Public Works (Local Administrator).
(3) No mobile home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the Director of Public Works (Local Administrator).
(4) To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the Director of Public Works before (Local Administrator) the issuance of a permit will be considered.
(C) Application review procedures.
(1) To ensure that a building permit shall indicate the following regulations have been adhered to for all proposed development located within any officially identified flood hazard area (Zone A), the Director of Public Works (Local Administrator) shall review:
(a) All applications for construction and other development to determine whether all necessary permits have been received from those governmental agencies from which approval is required by federal and state law.
(b) All applications for construction and other development to determine whether the mean sea level elevation has been provided for the lowest habitable floor including basement.
(c) All applications for new construction and substantial improvements including prefabricated buildings and mobile homes to determine whether such are:
1. Protected against flood damage;
2. Designed (or modified) and anchored to prevent flotation, collapse or lateral movement;
3. Contain construction material and utility equipment that are resistant to flood damage; and
4. Constructed by methods and practices that minimize flood damage.
(d) All applications for mobile homes to determine whether the structures are anchored to resist flotation, collapse or lateral movement in accordance with the Texas Department of Labor and Standards’ Texas Mobile Home Tie-down Standards.
(2) The Director of Public Works shall obtain, review and reasonably (Local Administrator) utilize any base flood elevation data available from a federal, state or other source, until such other data has been provided by the Federal Insurance Administration, as criteria for requiring that:
(a) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood; and
(b) All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or flood-proofed to or above the base flood level.
(3) The Director of Public Works shall maintain and hold open for public inspection all records pertaining to the provisions of this subchapter.
(D) Variance procedures.
(1) The Appeals Board as established by the City of Canton shall hear and render judgement on requests for variances from the requirements of this subchapter.
(2) The Appeals Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirements, decision or determination made by the Director of Public Works (Local Administrator) in the enforcement or administration of this subchapter.
(3) Any person or persons aggrieved by the decision of the Appeals Board may appeal the decision in the courts of competent jurisdiction.
(4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(5) Upon consideration of the factors noted above and the intent of this subchapter, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this subchapter.
(6) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and
(b) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(Ord. passed 11-19-1985)