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Ordinance No. 2,212y�7 7479 R&A 5/ 1,777 ORDINANCE NO. 2212 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 12�, "FLOOD HAZARD AREA REGULATIONS," BY REPEALING THE PROVISIONS OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING A NEW CHAPTER 12J, "FLOOD HAZARD AREA REGULA- TIONS"; PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by repealing the provisions of Chapter 12J, "Flood Hazard Area Regulations," as they presently exist and the same shall cease to have force and effect from and after the effective date of this ordinance. Section 2: That the Code of Ordinances of the City of Baytown, is hereby amended by the addition of a new Chapter 121, "Flood Hazard Area Regulations," which shall read as follows, to -wit: (SEE EXHIBIT "A ") Section 3: Repealing Clause: All ordinances or parts of ordinances inconsistent with the are hereby repealed; provided howev, shall be only to the extent of such other respects this ordinance shall ordinances regulating and governing covered by this ordinance. terms of this ordinance ar, that such repeal inconsistency and in all be cumulative of other the subject matter Section 4: Savings Clause: If any provision, exception, section, subsection, paragraph, sentence, clause or phrase 7480 of this ordinance or the application of same to any person or set of circumstances shall for any reason be held uncon- stitutional, 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 provisions of this ordinance are declared to be severable. Section 5: Penalty Clause: A person adjudged guilty of an offense as defined in this chapter shall be punished by a fine not to exceed Fifty ($50) Dollars. Each day an offense is committed shall constitute a separate offense. Section 6: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 28th day of Avril 1977. TOM GENTRY, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: �&/ le4qrc-.7� REEL PCHARDSON, City Attorne -2- is I; E X H I B I T t� i f I I Chapter 122 FLOOD HAZARD AREA REGULATIONS Sec. 122 -1. Definitions. 7482 (a) Floodproofing. The term " floodproofing" means any combination of struc- tural and nonstructural additions, changes, or adjustments to properties and structures, primarily 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 be- low the elevation of the 100 -year flood and that shall be 16 feet above sea level within the city limits. (c) Person. The term "person" includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including state and local governments and agencies thereof. (d) Base Flood 100 -year flood. The term 11100 -year flood" means a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of every one hundred (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 re- pair, reconstruction, or improvement of a property, the cost of which equals or exceeds fifty percent (SO %) of the fair market value of the property either: (1) Before the improvement is started, or (2) if the property has been damaged and is being restored, before the damage occurred. 7483 Substantial improvement is started when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. (f) Regulatory Floodway. The term "regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increas- ing the water surface elevation more than one foot. Sec. 12I -2. Flood Hazard Area Regulations. (a) In flood hazard areas where the elevation of the 100 -year flood has been established, the following shall apply: (1) Proposed permanent structures within the flood hazard area 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 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. Should the person seeking an excep- tion be dissatisfied with the decision of the Planning Commission he shall be entitled to appeal such decision to the City Council. (2) Existing nonconforming uses in the flood hazard area may be modified, altered, or repaired to incorporate floodproofing measure, but shall not be expanded. If such nonconforming use or occupancy is discon- tinued for a period of more than one year, any subsequent use shall conform. (3) 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, lo- cated behind the normal high tide level, and securely anchored. 7484 (4) Encroachments, including fill, new construction, substantial improve- ments, and other developments within the regulatory floodway shall be prohibited when the result would be any increase in flood levels, as determined by the City or County Engineering Departments. (S) The placement of any mobile home in other than an existing mobile home park or mobile home subdivision in the regulatory floodway is prohibited. (b) 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. (c) With all applications for permits for structures,in the flood plain, certi- fication by a registered professional engineer or architect that the flood - proofing method to be used is adequate to withstand the flood depths, pres- sures, velocities, impact and uplift forces and the other factors associated with 100 -year flood shall be required. This certification shall indicate the specific elevation (in relation to mean sea level) to which such struc- tures are floodproofed. Copies of these certifications shall remain with the building permit. Sec. 122 -3. Violations of Chapter Deemed Public Nuisance; penalty. Every structure placed or maintained in violation of this chapter is deemed a public nuisance and the creation thereof may be, enjoined and the main- tenance thereof may be abated by the City of Baytown at their discretion or 7485 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 chapter may be punished by a fine not to exceed fifty dollars ($50.00) for each offense. Each day during which such violation exists is to be considered a separate offense. Sec. 122 -4. Administration. The 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 chapter. (a) For purposes of determining floodproofing worthyness "Flood Proofing Regula- tion" published by the Office of the Chief Engineer, 13. S. Army as amended shall be the guide. (b) For residential lots located outside the city coordination with the appro- priate County shall be required in determining the 100 -year flood.