Ordinance No. 7,831Published in The Baytow-_ Sun: 961024 -9
Thursday, October 31, 1996 and
Friday, November 1, 1996. ORDINANCE NO. 7831
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 12' /z "FLOOD DAMAGE PREVENTION REGULATIONS, "ARTICLE
II "DEFINITIONS," SECTION 12'/2 -7 "DEFINITIONS'; ARTICLE III "GENERAL
PROVISIONS," SECTION 12'/2 -1 l `BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD," AND SECTION 12'/2 -14 "ABROGATION AND
GREATER RESTRICTIONS"; ARTICLE IV "ADMINISTRATION," SECTION
12'/2 -20 "DESIGNATION OF THE FLOOD PLAIN ADMINISTRATOR,"
SECTION 12'/2 -21 "DUTIES AND RESPONSIBILITIES OF THE FLOOD PLAIN
ADMINISTRATOR," SECTION 12'/2 -22 `PERMIT PROCEDURES,"
SUBSECTION (A), AND SECTION 12'/2 -23 "VARIANCE PROCEDURES "; AND
ARTICLE V "PROVISIONS FOR FLOOD HAZARD REDUCTION," SECTION
12'/2 -30 "GENERAL STANDARDS," SECTION 12'/2 -31 "SPECIFIC
STANDARDS," SECTION 12'/2 -32 "STANDARDS FOR SUBDIVISIONS,"
SECTION 12'/2 -33 "STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO /AH ZONES)," SECTION 121/2 -34 "FLOODWAYS," AND 12'h -35 "COASTAL
HIGH HAZARD AREAS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; AND REPEALING ARTICLE V "PROVISIONS FOR
FLOOD HAZARD REDUCTION," SECTION 12'/2 -36 "EFFECTIVE DATE" OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 12'/2 "Flood Damage Prevention Regulations," Article II
"Definitions," Section 12'/2 -7 "Definitions" of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
ARTICLE 11. DEFINITIONS
Sec. 12'/2 -7. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted
to give them the meaning they have in common usage and to give this chapter its most reasonable
application.
(a) Alluvial Fan Flooding shall mean flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized by high - velocity
flows; active processes of erosion, sediment transport, and deposition; and
unpredictable flow paths.
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0 (b) Appeal: A request of a review of the flood plain administrator's interpretation of any
provision of this chapter or a request for a variance.
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(c) Apex shall mean a point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
(d) Area of shallow flooding shall mean a designated AO, AH, or VO Zone on the
community's flood insurance rate map (FIRM) with a one percent (1 %) chance or
greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
(e) Area of special flood hazard shall mean the land in the flood plain within a
community subject to a one percent (1 %) or greater chance of flooding in any given
year. The area may be designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed ratemaking has been completed in preparation for publication
of the FIRM, Zone A usually is refined into Zones A, AE, AO, AH, Al -99, V0, V1-
30, VE, or V.
(f) Base flood shall mean the flood having a one percent (1 %) chance of being equaled
or exceeded in any given year.
(g) Basement shall mean any area of a building having its floor subgrade (below ground
level) on all sides.
(h) Breakaway wall shall mean a wall which is not part of the structural support of the
building and which is intended through its design and construction to collapse under
specific lateral loading forces, without causing damage to the elevated portion of the
building or supporting foundation system.
(1) Coastal high hazard area shall mean an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high velocity wave action from storms or seismic sources.
(j} Critical feature shall mean an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
(k) Development shall mean any manmade change in improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling,
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grading, paving, excavation or drilling operations, or storage of equipment or
materials.
(1) Elevated building means a nonbasement building (i) built, in the case of a building in
Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated
floor, or in the case of a building in Zones V1 -30, VE, or V, to have the bottom of
the lowest horizontal structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls parallel to
the floor of the water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In
the case of Zones Al -30, AE, A, A99, AO, AH, B, C, X and D, "elevated building"
also includes a building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of flood waters. In the
case of Zones V1 -30, VE or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed
by means of breakaway walls if the breakaway walls meet the standard of Section
60.3(e)(5) of the National Flood Insurance Program Regulations.
(m} Existing construction means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM
or before January 1, 1975, for FiRMs effective before that date. "Existing
construction" may also be referred to as "existing structures."
(n) Existing manufactured home park or subdivision shall mean a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the flood plain
management regulations adopted by a community.
(o) Expansion to an existing manufactured home park or subdivision shall mean the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete
pads).
(p) Flood or flooding shall mean a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
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® (q) Flood insurance rate map (FIRM) shall mean an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
(r) Flood insurance study shall mean the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, the water
surface elevation of the base flood, as well as the flood boundary- floodway map.
(s) Flood plain or flood prone area shall mean any land area susceptible to being
inundated by water from any source (see definition of flooding).
(t) Flood plain management shall mean the operation of an overall program of corrective
and preventive measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and flood plain management
regulations.
(u) Flood plain management regulations shall mean zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
a flood plain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in
any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
(v) Flood protection system shall mean those physical structural works for which funds
have been authorized, appropriated and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the areas within a
community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typicaily includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These special flood modifying works are those
constructed in conformance with sound engineering standards.
(w) Flood proofing means any combination of structural and non- structural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
(x) Floodway (regulatory floodway) shall mean 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 increasing the water surface elevation more than
a designated height.
(y) Functionally dependent use shall mean a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
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includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities, but does
not include long -term storage or related manufacturing facilities.
(z) Highest adjacent grade shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
(aa) Historic structure shall mean any structure that is:
(a) listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
(d) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(1) by an approved state program as determined by the Secretary of the
Interior on
(2) directly by the Secretary of the Interior in states without approved
programs.
(ab) Levee shall mean a man-made structure, usually an earthen embankment, designed and
constructed in accordancie with sound engineering practices to contain, control or
divert the flow of water s'o as to provide protection from temporary flooding.
ac Levee system shall mean a flood protection system which consists of a levee or
levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
(ad) Lowest floor shall mean the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
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® considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non - elevation design requirements
of Section 60.3 of the National Flood Insurance Program Regulations.
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(ae) Manufactured home shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The term
"manufactured home" does not include a "recreational vehicle."
(af) Manufactured home park or subdivision shall mean a parcel (or contiguous parcels)
of land divided into two (2) or more manufactured home lots for rent or sale.
(ag) Mean sea level shall mean, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(ah) New construction shall mean, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures. For flood plain management
purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of a flood plain management regulation
adopted by a community and includes any subsequent improvements to such
structures.
(ai) New manufactured home park or subdivision shall mean a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of flood plain management
regulations adopted by the city.
(aj) NGVD: The National Geodetic Vertical Datum, which is the standard plane of
reference for elevations.
(ak) Primary frontal dune shall mean a continuous or nearly continuous mound or ridge
of sand with relatively steep seaward and landward slopes immediately landward and
adjacent to the beach and subject to erosion and overtopping from high tides and
waves during major coastal storms. The inland limit of the primary frontal dune
occurs at the point where there is a distinct change from a relatively steep slope to a
relatively mild slope.
(al) Recreational vehicle means a vehicle which is:
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® (1) built on a single chassis;
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(2) four hundred (400) square feet or less when measured at the largest horizontal
projections;
(3) designed to be self - propelled or permanently towable by a light duty truck;
and
(4) designed primarily not for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel or seasonal use.
(am) Sand dunes shall mean naturally occurring accumulations of sand in ridges or mounds
landward of a beach.
(an) Start of construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act [Pub. L. 97 -348]) includes substantial
improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement was within one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the buildings.
(ao) Structure means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
(ap) Substantial damage shall mean damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed fifty percent (50 %) of the market value of the structure before the damage
occurred.
(aq) Substantial improvement shall mean any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty percent
(50 %) of the market value of the structure before the "start of construction" of the
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improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include
either:
(1) any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary conditions; or
(2) any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
(ar) Variance shall mean a grant of relief to a person from the requirements of this chapter
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise prohibited by
this chapter. (For full requirements see Section 60.6 of the National Flood Insurance
Program Regulations.)
(as) Violation shall mean the failure of a structure or other development to be fully
compliant with the community's flood plain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in Section 60.3 (b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(e)(4), or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
(at) Water surface elevation shall mean the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the flood plains of coastal or riverine areas.
Section 2: That Chapter 12' /z "Flood Damage Prevention Regulations," Article III
"General Provisions," Section 12' /z -11 "Basis for establishing the areas of special flood hazard" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE III. GENERAL PROVISIONS
Sec. 12'/2 -I1. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency
in a scientific and engineering report entitled, "The Flood Insurance Study for Harris County, Texas
and Incorporated Areas," dated November 6, 1996, with accompanying flood insurance rate maps and
flood boundary- floodway maps and any revision thereto, are hereby adopted by reference and
declared to be a part of this chapter.
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Section 3: That Chapter 12' /z "Flood Damage Prevention Regulations," Article III
"General Provisions," Section 12'/2 -14 "Abrogation and greater restrictions" of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE III. GENERAL PROVISIONS
Sec. 12'/2 -14. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants,
or deed restrictions. However, where the requirements of this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 4: That Chapter 12' /2 "Flood Damage Prevention Regulations," Article IV
"Administration," Section 12'/2 -20 "Designation of the flood plain administrator" of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE IV. ADMINISTRATION
Sec. 12'/2 -20. Designation of the flood plain administrator.
The chief building official is hereby appointed the flood plain administrator to administer and
implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (National Flood
Insurance Program Regulations) pertaining to flood plain management.
Section 5: That Chapter 12' /z "Flood Damage Prevention Regulations," Article IV
"Administration," Section 12'/2 -21 "Duties and responsibilities of the flood plain administrator," of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE IV. ADMINISTRATION
Sec. 12'/2 -21. Duties and responsibilities of the flood plain administrator.
Duties and responsibilities of the flood plain administrator shall include, but not be limited to,
the following:
(a) maintain and hold open for public inspection all records pertaining to the provisions
of this chapter;
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0 (b) review permit application to determine whether proposed building site, including the
placement of manufactured homes, will be reasonably safe from flooding;
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(c) review, approve or deny all applications for development permits required by this
chapter;
(d) review permits for proposed development to assure that all necessary permits have
been obtained from those federal, state or local governmental agencies (including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334) from which prior approval is required;
(e) where interpretation is needed as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions), the flood plain administrator shall
make the necessary interpretation;
(f) notify, in riverine situations, adjacent communities and the Texas Department of
Water Resources or any successor agency thereto prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency;
(g) assure that the flood - carrying capacity within the altered or relocated portion of any
watercourse is maintained;
(h) when base flood elevation data has not been provided in accordance with Article 1II,
Section 12'/2 -11, the flood plain administrator shall obtain, review and reasonably
utilize any base flood elevation data and floodway data available from a federal, state
or other source, in order to administer the provisions of Article V;
(1) when a regulatory floodway has not been designated, the flood plain administrator
must require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones Al -30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community, and
(j) under the provisions of 44 C.F.R. Chapter 1, Section 65.12 of the National Flood
Insurance Program Regulations, a community may approve certain development in
Zones Al -30, AE, AH on the community's FIRM which increases the water surface
elevation of the base flood by more than one foot, provided that the community first
applies for a conditional FIRM revision through FEMA.
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Section 6: That Chapter 12'/2 "Flood Damage Prevention Regulations," Article IV
"Administration," Section 12'/2 -22 'Permit procedures," Subsection (a) of the Code of Ordinances of
the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE IV. ADMINISTRATION
Sec. 121/2 -22. Permit procedures.
(a) Application for a development permit shall be presented to the flood plain administrator
on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to
scale showing the location, dimensions and elevation of proposed landscape alterations, existing and
proposed structures, including the placement of manufactured homes, and the location of the
foregoing in relation to areas of special flood hazard. Additionally, the following information is
required:
(1) Elevation, in relation to mean sea level, of the lowest floor (including basement) of
all new and substantially improved structures;
(2) Elevation, in relation to mean sea level, to which any nonresidential structure shall be
floodproofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article
V, Section 12'/2- 31(b);
(4) Description of the extent to which any watercourse or natural drainage will be altered
or relocated as a result of proposed development; and
(5) maintain a record of all such information in accordance with Article IV, Section 12'/2 -
21(a).
Section 7: That Chapter l2' /z "Flood Damage Prevention Regulations," Article IV
"Administration," Section 12'/2 -23 "Variance procedures," of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
ARTICLE IV. ADMINISTRATION
Sec. 12'/2 -23. Variance procedures.
(a) The city council of the City of Baytown shall hear and render judgment on requests for
variances from the requirements of this chapter.
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(b) The city council shall hear and render judgment on an appeal only when it is alleged there
is an error in any requirement, decision, or determination made by the flood plain administrator in the
enforcement or administration of this chapter.
(c) Any person or persons aggrieved by the decision of the city council may appeal such
decision in the courts of competent jurisdiction.
(d) The flood plain administrator shall maintain a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
(e) 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 chapter.
(0 Variances may be issued for new construction and substantial improvements to be erected
on a lot of one -half ('/z) acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section 12'/2 -22(b)
of this article have been fully considered. As the lot size increases beyond one -half (1 /z) acre, the
technical justification required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this chapter, the city
council may attach such conditions to the granting of variances as it deems necessary to further the
purposes and objectives of this chapter (Article I, Section 121/2 -3).
(h) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(1) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
0) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon (1) a showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) 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
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® fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(k) Variances may be issued by the city for new construction, for substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in Article IV, Section 121/2 -23 (a)
-- (1) are met, and (ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety.
Section 8: That Chapter 121/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 12'/2 -30 "General standards," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 12'/2 -30. General standards.
In all areas of special flood hazards, the following provisions are required:
(a) all new construction or substantial 'improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(b) all new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(c) all new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(d) all new or substantial improvements shall be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that
are designed and /or located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
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0 (e) all new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
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(f) new and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems
into flood waters; and
(g) on -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Section 9: That Chapter 121/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 121/2 -31 "Specific standards," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 121/z -31. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in Sections 12' /z -11, 12' /2- 21(h), or 121/2- 32(c), the following provisions are required:
(a) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement, elevated to or
above the base flood elevation. A registered professional engineer, architect or land
surveyor shall submit a certification to the flood plain administrator that the standard
of this subsection as proposed in Article IV, Section 121/2- 22(a)(1), is satisfied.
(b) Nonresidential construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated to or above the level of the base flood level or,
together with attendant utility and sanitary facilities, be designed so that below the
base flood level the structure is watertight, with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards of practice as
outlined in this subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofed
shall be maintained by the flood plain administer.
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40 (c) Enclosures. New construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
0
(1} a minimum of two (2) openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided;
(2) the bottom of all openings shall be no higher than one foot above grade, and
(3) openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(d) Manufactured homes:
(1) All manufactured homes to be placed within Zone A on the community's
FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of
over - the -top or frame ties to ground anchors. This requirement is in addition
to applicable state and local anchoring requirements for resisting wind forces.
(2) All manufactured homes placed or substantially improved within Zones A1-
30, AH, and AE on the community's FIRM on sites (1) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park
or subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage" as a result of
a flood, must be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(3) All manufactured homes placed or substantially improved on sites in an
existing manufactured home park or subdivision with Zones Al -30, AH and
AE on the community's FIRM that are not subject to the provisions of
Section 121/2-3 1(d) must be elevated so that either (i) the lowest floor of the
manufactured home is at or above the base flood elevation, or (ii) the
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® manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty -
six inches (36 ") in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
0
(e) Recreational vehicles. Recreational vehicles placed on sites within Zones
Al -30, AH and AE on the community's FIRM shall either:
(1) be on the site for fewer than one hundred eighty (180) consecutive
days,
(2) be fully licensed and ready for highway use, or
(3) meet the permit requirements of Section 121/2- 22(a), and the elevation
and anchoring requirements for "manufactured homes" in Section
12'/2- 31(d).
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
Section 9: That Chapter 121/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 121/2 -32 "Standards for subdivision proposals," of
the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 12%2 -32. Standards for subdivision proposals.
(a) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with Article I of this chapter.
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet development permit requirements of Article
III, Section 121 /2 -12, Article IV, Section 121/2 -22, and the provisions of Article V of this chapter.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions, which is greater
than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Article
III, Section 121/2 -11 or Article IV, Section 121/2 -21(h) of this chapter.
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® (d) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
0
(e) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize or eliminate flood damage.
Section 10: That Chapter 12'/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 121/2 -33 "Standards for areas of shallow flooding
(AO /AH Zones)," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to
read as follows:
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 12'/2 -33. Standards for areas of shallow flooding (AO /AH Zones).
Located within the areas of special flood hazard established in Article III, Section 121/2 -11 are
areas designated as shallow flooding. These areas have special flood hazards associated with base
flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path
of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions shall apply:
(a) All new construction and substantial improvements of residential structures shall have
the lowest floor (including basement) elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the community's FIRM (at least
two (2) feet if no depth number is specified).
(b) All new construction and substantial improvements of nonresidential structures:
(1) shall have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least two (2) feet if no depth number is specified); or
(2) together with attendant utility and sanitary facilities, shall be designed so that
below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads or effects of
buoyancy.
(c) A registered professional engineer or architect shall submit a certification to the flood
plain administrator that the standards of this Section, as proposed in Article IV,
Section 121/2- 22(a)(1), are satisfied.
17
•
961024 -9q
(d) Within Zones AH and AO, there shall be required adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed structures.
Section 11: That Chapter 12' /z "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 12'/2 -34 " Floodways," of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as follows:
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 12'/2 -34. Floodways.
Located within areas of special flood hazard established in Article III, Section 12'/2 -11, are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway, unless
it has been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachments shall
not result in any increase in flood levels within the community during the occurrence
of the base flood discharge.
(b) If Article V, section 12'/2 -34(a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Article V.
(c) Under the provisions of 44 C.F.R. Chapter 1, Section 65.12 of the National Flood
Insurance Program Regulations, the city may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the city first applies for a conditional FIRM and floodway revision
through FEMA.
Section 12: That Chapter 12'/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 12'/2 -35 "Coastal high hazard areas," of the Code
of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
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967.024 -9r
® ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
•
Sec. 12'/� -35. Coastal high hazard areas.
Located within the areas of special flood hazard established in Article III, section 12'/2 -11, are
areas designated as coastal high hazard areas (Zone V1 -30, VE and /or V). These areas have special
flood hazards associated with high velocity waters from tidal surges and hurricane wave wash;
therefore, in addition to meeting all provisions outlined in this chapter, the following provisions must
also apply:
(a) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a
basement. The flood plain administrator shall maintain a record of all such
information.
(b) All new construction shall be located landward of the reach of mean high tide.
(c) All new construction and substantial improvements shall be elevated on pilings and
columns so that:
(1) the bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood level;
(2) the pile or column foundation and structure attached thereto is anchored to
resist flotation, collapse and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Water loading
values used shall be those required by applicable state or local building
standards. A registered professional engineer or architect shall develop or
review the structural design, specifications and plans for the construction, and
shall certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions of
Section 12'/2- 35(c)(1) and (2).
(d) Provide that all new construction and substantial improvements have the space below
the lowest floor either free of obstruction or constructed with non - supporting
breakaway walls, open wood lattice -work or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system.
For purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten (10) and no more than twenty (20) pounds per square
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961024 -9s
® foot. Use of breakaway walls which exceed a design safe loading resistance of twenty
(20) pounds per square foot (either by design or when so required by local or state
codes) may be permitted only if a registered professional engineer or architect certifies
that the designs proposed meet the following conditions:
n
(1) breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
(2) the elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement or other structural damage due to the
effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water loading values used shall
be those associated with the base flood. Wind loading values used shall be
those required by applicable state or local building standards. Such enclosed
space shall be usable solely for parking of vehicles, building access, or storage.
Such space shall not be used for human habitation.
(e) The use of fill or structural support of buildings shall be prohibited.
(f) Man-made alteration of sand dunes and mangrove stands which increase potential
flood damage is prohibited.
(g) Manufactured Homes. All manufactured homes placed or substantially improved
within Zone V1 -30, V, and VE on the community's FIRM on sites (1) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision or (iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, must
meet the standards of paragraphs (a) through (0 of this section; and manufactured
homes placed or substantially improved on other sites in an existing manufactured
home park or subdivision within Zones V1 -30, V, and VE on the community's FIRM
must meet the requirements of Article V, Section 12' /Z -31(d) of this chapter.
(h) Recreational Vehicles. All recreational vehicles placed on sites within Zones V1 -30,
V, and VE on the community's FIRM must either (1) be on the site for fewer than one
hundred eighty (180) consecutive days, (ii) be fully licensed and ready for highway
use, or (iii) meet requirements in Article III, Section 12'/2 -12 of this chapter and
paragraphs (a) through (f) of this section. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached
additions. park subdivision.
961024 -9t
® Section 13: That Chapter 12'/2 "Flood Damage Prevention Regulations," Article V
"Provisions for Flood Hazard Reduction," Section 12'/2 -36 "Effective date," of the Code of
Ordinances of the City of Baytown, Texas, is hereby repealed.
Section 14: 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 15: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the 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 provisions of this ordinance are declared to be severable.
Section 16: 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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 24th day of October, 1996.
ATTEST:
£�
MYRNA BERNIER, Deputy City Clerk
APPROVED AS TO FORM:
c:\klh23\council\ordinance\floodl.ord
u
21
PETE C. ALF O, Mayor