HomeMy WebLinkAboutORD 78-24ORDINANCE NO.
ENTITLED AN ORDINANCE AMEDIDING CHAPTER 8 OF
THE COEE OF ORDINANCES OF BEATNONT, TEXAS,
BY ADDING SECTIONS 8-9.1, 8-13.1, 8-14.1,
8-14.2,-.8-16.1, 8-21.1, 8-22.1, 8-22.2,
INCLUSIVE', ESTABLISHING: RESPONSIBILITIES OF
THE'CHIEF BUILDING INSPECTOR; ESTABLISHING PER-
MIT PROCEDURES; ESTABLISHING STANDARDS FOR SUB-
DIVISION PROPOSALS; ESTABLISHING SPECIFIC
STANDARDS FOR RESIDENTIAL CONSTRUCTION AND NON-
RESIDENTIAL CONSTRUCTION; ESTABLISHING STANDARDS
FOR MOBILE Ha4ES; ESTABLISHING STANDARDS FOR
AREAS OF SHALLOW FLOODING; PROVIDING FOR SEVER-
ABILITY AND PROVIDING FOR PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
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That Chapter 8 of the Code of Ordinances of Beaumont, Texas,
is hereby amended by adding Sections 8-9.1, 8=13.1, 8-14.1, 8-14.2, 8-16.1,
8-21.1, 8-22.1,-8-242-.--2-inclusive, which sections shall read as follows:
Section 8-9.1. Definitions.
Unless specifically defined below, words, or phrases used
in this ordinance shall be interpreted to give them the meaning
they have in common usage and to give this ordinance its most
reasonable application.
Appeal - means a request for a review of the Chief Building
Inspector's interpretation of any provisions of this ordi-
nance or a request for a variance.
Area of Shallow Flooding - means a designated AO Zone on
a community's Flood Insurance Rate Map (FIRM) with base
flood depths from one to three feet. This condition occurs
where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident.
Area of Special Flood Hazard - is the land in the flood
plain -within a community subject to a.one percent or
greater change of flooding in any given year.
Base Flood - means the .flood having a one percent chance
of being equalled or exceeded in any given year.
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Development - means any man-made change to improved or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
Existing Mobile Home Park or Mobile Hone Subdivision -
means a parcel (or contiguous parcels) of land divided
into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the lot
on which the mobile homes is to be affixed (including, at
a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective
date of this ordinance.
Expansion to an Existing Mobile Home Park or Mobile'Home
Subdivision - means the preparation of additional sites by
the construction of facilities for serviding the lots
on which the mobile hones are to be affixed (including the
installation of utilities, either final site grading or
pouring of concrete pads, or the construction of streets).
Flood or Flooding - means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
Flood Insurance Rate Map (FIRM) - means an official map of
a community on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and
the risk premium zones applicable to the ccnmunity.
Flood Insurance Study - is the official report provided
by the Federal Insurance Administration. The report con-
tains flood profiles, the water surface elevation of the
base flood, as well as the Flood Hazard Boundary- Floodway
Map
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Habitable Floor - means any floor usuable for living
purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor
used for storage purposes only is not a "habitable floor."
Mean Sea Level - means the average height of the sea for
all stages of the tide.
Mobile Home - means a structure, transportable in one or
more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation
when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
New Mobile Home Park or Mobile Home Subdivision - means
a parcel (or contiguous parcels)`of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimtun,
the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of
this ordinance.
Start of Construction - means the first placement of per-
manent construction of a structure (other than a mobile
home) on a site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. 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 in-
clude excavation for a basement, footings, piers or founda-
tions or the erection fo temporary forms; nor does it in-
clude the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure
(other than a mobile home) without a basement or poured
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footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile
homes not within a mobile home park or mobile home sub-
division, "start of construction" means the affixing of
the mobile home to its permanent site. For mobile homes
within mobile have parks or mobile home subdivisions,
"start of construction" is the date on which the mobile
hone is to be affixed (including, at a minimum, the con-
struction of streets, either final site grading or the
pouring of concrete pads, and installation of utilities)
is completed.
Structure - means a walled and roofed building that is
principally above ground, as well as a mobile home.
Substantial Improvement - means any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure
either, (1) before the improvement or repair is started,
or (2) if the structure has been damaged and is being
restored, before the damage occurred. For the purposes of
this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences,
whether or not that alteration affects the external dimen-
sions of the structure . The term does not, however, in-
clude either (1) any projects for improvement of a struc-
ture to comply with existing. state or local health, sanitary,
or safety code specifications which are solely necessary
to assure safe living conditions; or (2) any alterations
of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Variance - is a grant of relief to a person from the
requirements of this ordinance when specific enforcement
would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise
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prohibited by this ordinance.
Section 8-13.1. Establishment of Development Permit.
A Development Permit shall be required to ensure conformance
with the provisions of this ordinance.
Section 8-14.1. Duties and Responsibilities of the Chief Building
Inspector.
Duties and responsibilities of the Chief Building Inspector
shall include, but not be limited to:
(1) Review, approve or deny all applications for develop-
ment permits required by Section 8-14 of this ordinance;
(2) Review permits for proposed development to assure
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which
prior approval is required;
(3) 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 Chief
Building Inspector shall make the necessary interpretation.
The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpre-
tation as provided in Section 8-12.1 of this Ordinance.
(4) Notify adjacent comnnanities and the Texas Department
of Water Resources prior to any alteration or relocation
of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration;
(5) Assure that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood
carrying capacity is not diminished;
(6) When base flood elevation data has not been provided
in accordance with Section 8-16, the Chief Building Inspector
shall obtain, review, and reasonably utilize any base flood
elevation data available from a Federal, State, or other
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source, in order to administer the provision of Section
8-17.
(1) Application for a Development Permit shall be presented
to the Chief Building Inspector on forms furnished by him
and may include, but not be limited to, plans in duplicate
drawn to scale showing the location, dimensions, and ele-
vation of proposed landscape alterations, existing and pro-
posed structures, and the location of the foregoing in
relation to areas of special flood hazard. Additionally,
the following information is required:
a. Elevation in relation to mean sea level, of the
lowest floor (including basement) of all proposed
structures;
b. Elevation in relation to mean sea level to shich
any non-residential structure shall be floodproofed.
Section 8-16.1. Standards for Subdivision Proposals.
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of 50.1ots or 5 acres, if not otherwise provided
pursuant to this ordinance.
Section 8-21.1. Specific'Staridards..'
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in Section 8-9,
Section 8-14.1, or Section 8-16.1, the following provisions
are required:
(1) Residential Construction - New Construction or sub-
stantial 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 certi-
fication to the Chief Building Inspector that the standard
of this subsection, as proposed in Section 8-16 is satisfied.
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(2) Non-residential construction - new construction
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substantial improvement of any comrmrcial, industrial
or other non-residential structure shall either have the
lowest floor, including basement, elevated to the level
of the base flood elevation or, together with attendant
utility and sanitary facilities, -be floodproofed so
that below the base flood level the structure is water
tight with walls substantially impermeable to the passage
of water and with structural components having the capa-
bility of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional
engineer or architect shall submit a certification to the
Chief Building Thspector that the standards of this sub-
section as proposed in Section 8-16 are satisfied.
Section 8-22.1. Specific Standards - Mobile Homes.
For new mobile hcane parks and subdivisions; for expansions
to existing mobile home parks and subdivisions; for existing
mobile hcme parks and subdivisions.where the repair, recon-
struction or improvement of the streets, utilities and pads
equals or exceeds 50 percent of value of the streets, utilities
and pads before the repair, reconstruction or improvement has
commenced; and for mobile homes not placed in a mobile home park
or subdivision it shall be required that:
(1) Stands or lots be elevated on compacted fill or
on pilings so that the lowest floor of the mobile hcme
will be at or above the base flood level. A registered
professional engineer, architect, or land surveyor shall
submit a certification to the Chief Building Inspector
that the standards of this parargraph complies with
Section 8-16 of this Article; and,
(2) Adequate surface drainage and access for a hauler
are provided; and,
(3) In the instance of elevation on pilings: (1) lots be
large enough to permit steps, (2) piling foundations be
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That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of sane to a particular
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 of the City of Beaumont this
the ,qday of 1978.
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