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Home My WebLink AboutORD 71-71LN/ h/12/14/71 - r -7 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY ADD- ING SECTIONS 8-9 THROUGH 8-26, INCLUSIVE, ES- TABLISHING FLOOD HAZARD AREAS; PROVIDING FOR CHANGING FLOOD HAZARD BOUNDARIES; ESTABLISHING A FLOOD CONTROL BOARD AND OUTLINING ITS MEMBER- SHIP, POWERS,, QUORUM AND VOTING REQUIREMENTS; .REQUIRING PERMITS AND APPLICATIONS FOR SAME; PROVIDING FOR STORAGE OF ELEVATION INFORMATION ON NEW AND SUBSTANTIALLY IMPROVED STRUCTURES SINCE JUNE 153 1970; REQUIRING THE ELEVATION INFORMATION BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDING USE RESTRICTIONS IN A FLOOD HAZARD AREA; PROVIDING CONSTRUCTION TECHNIQUES, . MATERIALS AND UTILITY EQUIPMENT IN THE FLOOD HAZARD AREAS; PROVIDING FOR MINIMUM ELEVATION OF RESIDENTIAL STRUCTURES AND NONRESIDENTIAL STRUCTURES WITHIN FLOOD CONTROL AREAS; EXCEPT- ING EXISTING STRUCTURES; PROVIDING FOR ENFORCING OFFICER AND ACTIONS TO PREVENT AND ABATE ANY VIOLATION OF THIS CHAPTER; PROVIDING FOR SEVER- ABILITY; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Chapter 8. of the Code of Ordinances of Beaumont, Texas, is hereby amended by adding Sections 8-9 through 8-26, inclusive, which sections shall read as follows: "Sec. 8-9. Establishment of Flood Hazard Areas. "Flood hazard areas are hereby established within the City of Beaumont and are designated as Zone A, as identified on the Federal Insurance Administration Official Flood Insurance Map No. 1 48 245 0490 05, dated October 301 1970, and on file in the office of the clerk of the City of Beaumont. "Sec. 8-10. Changing Flood Hazard Area Boundaries or Regulations,- Authorized. "The governing body of the city may from time to time amend, supplement, or change by ordinance the boundaries of the flood hazard areas or regulations herein established. 0- 7/- 7l is-ag 7/ .2a, :'t_ "Sec. 8-11. Flood Control Board - Establishment; Membership. "A Flood Control Board is hereby established and shall consist of the Board of Adjustment. "Sec. 8-12. Same - Powers. "The Flood Control Board shall have the following powers: (1) To hear appeals and to make decisions thereon where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the en- forcement of this chapter. (2) To grant variances in cases in which a pro- perty owner can show that due to exceptional circumstances or other conditions relating to the specific property, structure, or use in question, a strict application of the terms of this Chapter would impose restraints or controls not contemplated by the spirit or intent of the provisions contained herein. "Sec. 8-13. Same - Quorum; Voting. "All cases brought before the Flood Control Board shall be heard by at least five Board members, which shall constitute a quorum. Decisions shall be based upon a minimum of five concurring votes. "Sec. 8-14. Permits. "Application made to the City of Beaumont for any permit authorizing the subdivision or development of any parcel of land or the construction, placing, or substantial improvement of any structure within a flood hazard area shall include evidence demonstrating the following: (1) That the proposed subdivision, development, or construction is designed so as to be con- sistant with the need to minimize flood damage and is in compliance with the terms of this Chapter. (2) That all public utilities are located, elevated, and constructed to minimize or eleminate flood damage. (3) That adequate drainage is provided. -2- i "Sec. 8-15. Same - Review of Applications. "All such evidence as required by Sec. 8-14 of this Chapter shall be submitted to the Director of Public Works and to the Director of Water Utilities for review and verification. The findings of the Director of Public Works and the Director of Water Utilities shall be in writing and shall constitute a condition of the permit; no permit shall be issued without such written findings. "Sec. 8-16. Elevations of New and Substantiall Improved Structures - Required. "The owner of any new or substantially improved structure in a flood hazard area, asa prerequisite to a permit, shall provide the building inspector with the following elevations: (a) The ground elevation, (b) the first floor elevation, and in the case of a basement, (c) the distance between the first floor and the bottom of the lowest opening where water flowing over the ground would enter. In the case of a structure that has been constructed or substantially improved prior to the effective date of this ordinance but after June 15, 1970, the eleva- tion information required herein shall be provided to the Building Inspector by the Director of Public Works. With regard to structures which have been constructed or substantially improved after and including the effective date of this ordinance, the ground elevation shall be attested to by and shall bear the.seal of a registered professional engineer or land surveyor licensed to do business in the State of Texas; the remaining required elevations and measurements for such structures may be computed by the owner or his agent and must meet the requirements of Sec. 8-21 or 8-22 of this Chapter before a certificate of occupancy may be issued. 'Substantially improved" is herein defined as any remodeling, repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent of the fair market value of the property either (a) as such value exists before the improvement is started or, (b) if the property has been damaged and is being restored, as such value existed before the damage occurred. "Sec. 8-17. Same - Public Information. "The Building Inspector inspection and shall furnish tion required by Sec. 8-16 o -3- shall maintain for public upon request the informa- f this Chapter. OY Ii 1 "Sec. 8-18. Uses - Restrictions. 11(1) Until a floodway has been designated by the Federal Insurance Administration, no use shall be permitted in a flood hazard area unless the applicant for the land use has demonstrated that such use; when com- bined with all other existing and anticipated uses, will not increase the water surface elevation of the 100 -year flood more than -one foot at any point. (2) In no case shall any fill, levee, or.other protective works be permitted unless suffi- cient compensation, including adjustments of waterways, ditches, or impounding basins is made to prevent any appreciable expansion of flood hazards. "Sec. 8-19. Construction Techniques, Materials, and Utility Equipment. "(1) Within a flood hazard area, construction techniques used in new construction, major repairs, or substantial improvements must be those which will minimize flood damage, and both construction materials and utility equipment must be flood resistant. (2) Structures shall be designed or modified to prevent flotation and collapse and to prevent damage to nonstructural elements. All mobile homes not on wheels and all frame structures, including prefabricated houses, shall be securely anchored to foundations in order to prevent flotation or lateral movement. (3) All air ducts, large pipes, and storage tanks located at or below the first floor level shall be firmly anchored to prevent flotation. Tanks shall be vented at a location above the 100 -year flood level. "Sec. 8-20. Water Supply and Sanitary'Sewage Systems. "New or replacement public water systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration.of flood waters into the systems and discharges from the systems into flood waters. "Sec. 8-21. Elevation - Residential Structures. "Within a flood�hazard.area, residential structures which are newly constructed or which are -4- being subst ntia.11y improved must have the lowest floor, including basement, elevated to or above 15 feet mean sea level. "Sec. 8-22.1 Elevation - Nonresidential Structures. "Within a flood hazard area, nonresidential structures which are newly constructed or which are being substantially improved either must have the lowest floor, including basement, elevated to or above 15 feet mean sea level, or must, together with attendant utility and sanitary facilities, be flood proofed up to 15 feet mean sea level. "Sec. 8-23. Conflict of Laws. "Within a flood hazard area, the provisions of this Chapter shall take precedence over any conflict- ing municipal laws, ordinances, or codes. "Sec. 8-24. Existing Structures. "With exception of provisions which relate to the establishment of elevations of structures lying within flood hazard areas, the provisions of this Chapter shall not apply to any structure existing as of the effective date of this ordinance, unless such structure is undergoing substantial improvement at that time. "Sec. 8-25. Violations - Enforcing Officer. "It shall be the duty of the Chief Building Inspector, or his designated representative, to make inspections to determine the existence of violations of this Chapter. "Sec. 8-26. Same - Action to Prevent and Abate. 11In case -any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this Chapter, the City, in addition to other remedies, shall institute any proper action or proceedings necessary, including the denial of connections to public utility systems, to restrain; correct, or abate such violations; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, bus- iness, or use in or about such premises." Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a par - 5611 ticular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED by the. City Council this the day of 197/ Mayor -