Ordinance No. 1,129ORDINANCE NO. 1129
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE ADDITION OF A NEW
CHAPTER, TO BE NUMBERED CHAPTER 35, AND TO BE EN-
TITLED "FLOOD HAZARD AREA REGULATIONS ", CONTAINING
DEFINITIONS; SPECIFICALLY INCLUDING PROVISIONS RE-
STRICTING CONSTRUCTION IN FLOOD HAZARD AREAS;
ESTABLISHING THE BAYTOWN PLANNING COMMISSION AS THE
AUTHORITY TO ESTABLISH AND PROMULGATE RULES AND
REGULATIONS GOVERNING THE ADMINISTRATION OF THIS
ORDINANCE; PROVIDING FOR A PENALTY NOT EXCEEDING
FIFTY ($50.00) DOLLARS FOR EACH OFFENSE; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1: That the Code of Ordinances of the City
of Baytown, Texas, is hereby amended by adding a new chapter to
be numbered Chapter 35, and to be entitled "Flood Hazard Area
Regulations ", and to contain sections which shall read as
follows:
Section 35 -1. Definitions.
(a) Floodproofing. The term " Floodproofing" means
any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures, pri-
marily for the reduction or elimination of flood damage to
lands, water, and sanitary facilities, structures, and
contents of buildings.
(b) Flood hazard area. The term "Flood hazard area"
shall mean that area below the elevation of the 100- -year
flood.
(c) Person. The term "Person" includes any individual
or group of individuals, corporation, partnership, associ-
ation, or any other organized group of persons, including
State and local governments and agencies thereof.
(d) 100 -Year Flood. The term "100 Year Flood" means
a flood of such magnitude as may reasonably be expected to
be equaled or exceeded on an average of once every 100
years; the term also means that level of flooding having
a one percent (1 %) probability of occurrence each year.
(e) Substantial improvement. The term "Substantial
improvement" means any repair, reconstruction, or im-
provement of a property, the cost of which equals or ex-
ceeds 50 percent of the fair market value of the property
either (a) before the improvement is started, or (b) if
the property has been damaged and is being restored,
before the damage occurred. Substantial improvement is
started when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences.
Section 35 -2. Flood Hazard Area Regulations.
(1) In flood hazard areas where the elevation of the 100 -
year flood has been established, the following shall
apply:
a. Proposed permanent structures within the flood
hazard areas shall be required to have first
floor elevations at or above the level of the
100 -year flood. Exceptions may be granted by
the Planning and Zoning Commission only for
nonresidential structures which, together with
attendant utility and sanitary facilities, are
adequately floodproofed up to the level of the
100 -year flood.
b. Existing nonconforming uses in the flood hazard
area may be modified, altered, or repaired to
incorporate floodproofing measures, but shall
not be expanded. If such nonconforming use or
occupancy is discontinued for a period of more
than one year, any subsequent use shall conform.
c. No area of the flood hazard area shall be developed
for residential use unless structures are required
to be elevated on piles, reinforced concrete piers,
monolithic concrete foundations or other approved
means of support to a first floor level above the
100 -year flood, located behind the normal high
tide level, and securely anchored.
d. The Baytown Planning Commission shall have the
authority, and it shall be the duty of said
commission to establish and promulgate rules
and regulations governing the administration of
this ordinance.
(2) In flood hazard areas where the elevation of the 100 -
year flood has not been delineated, the following
shall apply:
Applications for building permits shall be reviewed on
a case -by -case basis by the Inspection Department to
assure that (a) building sites will be above the level
of the 100 -year flood, and (b) where the building site
is in a location that may have a flood hazard, all
new construction and substantial repairs, improvements,
or alterations will be floodproofed in accordance with
the minimum floodproofing criteria specified in the
building code requirements.
Section 2: Penalty Clause: Every structure placed or
maintained in violation of this ordinance is deemed a public
nusiance and the creation thereof may be enjoined and the main-
tenance thereof may be abated by the City of Baytown at their
discretion or by a citizen of said city. Any person who places or
maintains, or causes to be placed or maintained, any structure in
violation of this ordinance may be punished by a fine not to exceed
-2-
FIFTY ($50.00) DOLLARS for each offense. Each day during which
such violation exists is to be considered a separate offense.
Section 3: Savings Clause: If any provisions, section,
exception, subsection, paragraph, sentence, clause or phrase of
this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all pro-
visions of this ordinance are declared to be severable.
Section 4: Repealing Clause: All ordinances or parts
of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency and in all other respects
this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section S: Effective Date: This ordinance shall
take effect from and after ten (10) days after its passage by
the City Council. The City Clerk is hereby directed to give
notice hereof causing the caption of this ordinance to be published
in the official newspaper of the City of Baytown at least twice
within ten days after its passage.
INTRODUCED, READ and PASSED by the affirmative vote
of the City Council of the City of Baytown, this the 7th day
of October , 1971.
ATTEST:
c'�
EDNA OLIVER, City Clerk
APPROVED:
i
NEEffRICYARDISON, City Attorne
C. GLEN WALKER, Mayd