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§ 4.204  FLOODPLAIN (“O-2”) DISTRICT.
   (a)   Purpose. It is the intent of this section that district “O-2” shall include those lands subject to the intermediate regional flood, but shall not include land in district “O-1.” The boundaries or limits of lands subject to the intermediate regional flood shall be designated by the City of Fort Worth public works department and shown on the official map of the City of Fort Worth. The zoning commission shall recommend to the city council whether or not all or any portion of the lands designated as subject to intermediate regional flood shall be classified district “O-2.”
   (b)   Use regulations.
      (1)   In district “O-2,” no building or land shall be used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged, and no certificate of occupancy issued unless said building or structure is designed and employed for other than habitation; and, is so designed, constructed and sited so as to not constitute an encroachment hazard or obstacle to the movement of flood waters; and, of a type not appreciably damaged by flood waters; and, firmly anchored to prevent dislodgment by flood waters; and approved by the director of the department of public works following city staff and utility, county and state agency recommendations, as required; provided that where in the opinion of the director of the department of public works, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed building or structure and/or the effect of the building or structure on the flow of water, the director of the department of public works may require submittal of said data or other studies prepared by licensed engineers or other technicians.
      (2)   In district “O-2,” no building or land shall be used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged and no certificate of occupancy shall be issued, unless otherwise provided in this ordinance, except for one or more of the following uses:
         a.   Any use permitted in the “O-1” floodplain district; and
         b.   Public or private utilities.
   (c)   Special exception requirements. Special exception uses shall be permitted only after approval of the board of adjustment after report by the City of Fort Worth health, planning and development and transportation and public works departments, after public notice and hearing, and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams or other flood control structures or facilities, existent or proposed, at the time of application; and provided that upon application for any of the following uses that the following information is satisfactorily submitted:
      (1)   The relative dangers to life and property occasioned by the proposed uses;
      (2)   The relationship of the proposed use to the comprehensive plan and floodplain management program of Fort Worth;
      (3)   The relationship and/or effects of the proposed use to the floodwater transportation and storage capacities of the channel and floodplain. The determination of said relationship and/or effects shall be based on the assumption that any resultant permitted increase in floodplain encroachment will extend for a significant reach of the watercourse together with an encroachment equal in degree on the opposite side of the watercourse. For any fill which would result in a change greater than one foot in the water surface elevation of the intermediate regional flood, the existing channel must be improved such that said change in water surface elevation does not exceed one foot; and provided that the written conditional approval or written approval of the department of public works is obtained; and
      (4)   The following, submitted in ten copies at the time of application:
         a.   Plans drawn to a scale of one inch equals 50 feet with one-foot contour intervals as per city data, showing the nature, locations, dimensions and elevation of the site or sites in issue and environs within 500 feet thereof; existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of same to the existing and proposed locations of the “O-1” district and “O-2” district;
         b.   An area map showing the relationship of the area in issue to surrounding territory;
         c.   Technical information evaluating any change of anticipated flood heights and velocities, adequacy of protection and the seriousness of possible flood damage to existing and proposed uses. Flood damages shall include, but are not limited to, harmful inundation; water erosion of soil, stream banks and beds; mud slides; stream channel shifting and changes; harmful deposition by water of eroded and shifting soil and debris upon property or in the beds of streams or other bodies of water; damage by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation; the interruption by floods of travel, communication and commerce; and all other high water influence and results which injuriously affect the public health and the safety of property;
         d.   Any additional information substantiating the wisdom of the proposed use; and
         e.   Additional detailed technical information which the board of adjustment may request, including, but not limited to:
            1.   A typical floodplain cross-section showing the channel of the watercourse, elevation of land areas adjacent to each side of the channel, cross-sectional area of present and projected uses, high-water information;
            2.   Plan (surface view) showing elevations or contours of the ground, channel alignment or realignment; all levees, sumps, diversions, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site or sites in issue; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information; and
            3.   Profile showing the slope of the bed of the channel or flow line of the watercourse.
   (d)   Special exception uses.
      (1)   On-premises advertising signs or structures;
      (2)   Aircraft landing area;
      (3)   Outdoor commercial amusement enterprises;
      (4)   Carnival or circus (temporary);
      (5)   Revival (temporary);
      (6)   Private membership club;
      (7)   Day camp operated by non-profit organization;
      (8)   Racing strip or drag strip;
      (9)   Sanitary landfill (municipal);
      (10)   Principal buildings of country clubs, sports or recreation centers;
      (11)   Greenhouse and plant nursery;
      (12)   Motor vehicle parking area as a principal use. Auxiliary parking;
      (13)   Private park or recreational area;
      (14)   Rodeo (temporary);
      (15)   Swimming pool (private or commercial);
      (16)   Drive-in theater;
      (17)   Amusement park;
      (18)   Towers, as defined in § 5.136
      (19)   Riding stable, horse track;
      (20)   Game farm, fish hatchery;
      (21)   Loading, unloading area;
      (22)   Non-covered storage yard for equipment and material;
      (23)   Shooting range;
      (24)   Nursery yards or buildings for retail nursery sales;
      (25)   Recreational vehicle parks, provided they are constructed and developed in conformance with Chapter 13 of the city code, Fire Prevention and Protection, Article I, § 13-2(b), Article VIII, Mobile Home and Recreational Vehicle Parks;
      (26)   Restaurants, in accordance with the comprehensive plan (site plan approved by plan commission);
      (27)   Riverine port facilities, publicly owned;
      (28)   Produce market (retail);
      (29)   Offices (site plan approved by plan commission); and
      (30)   Temporary, open retail sales booths and ancillary facilities (site plan approved by plan commission).
   (e)   Height and area regulations. In the “O-2” floodplain district, the height of buildings and structures and the minimum dimensions of lots and yards shall be as follows:
      (1)   Height. Same as district “AG;”
      (2)   Front yard. Same as district “AG;”
      (3)   Rear yard. Same as district “AG;” and
      (4)   Side yard. Same as district “AG.”
   (f)   General requirements.
      (1)   Hospitals, boarding schools, nursing and care homes, homes for the aged or infirm, sanitariums, detention facilities, refugee centers and orphanages are specifically prohibited.
      (2)   No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is flood-proofed to the elevation subject to flood.
      (3)   No basement floor or other floor shall be constructed below or at a lower elevation than the main floor unless flood-proofed.
      (4)   Foundations of all structures shall be designed to withstand flood conditions at the site.
      (5)   Land may be filled provided such fill extends 25 feet beyond the limits of any structure erected thereon and provided that the requirements of subsection (c) above are met.
   (g)   Responsibility for flooding. The fact that land or property is or is not classified as being within the “O-2” floodplain district shall not constitute assurance that said land or property is not subject to local flooding, and the designation of the “O-2” floodplain district in this ordinance shall not be so interpreted.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)