The state legislature has, in sections 16.3145, 16.315 of the
Texas Water Code, delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Therefore,
the city council does ordain as follows.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-25; Ordinance 24-011 adopted 3/19/2024)
(a)
The flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(b)
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-26; Ordinance 24-011 adopted 3/19/2024)
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control
projects;
(3)
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
(6)
Help maintain a stable tax base by providing for the sound use
and development of floodprone areas in such a manner as to minimize
future flood blight areas; and
(7)
Ensure that potential buyers are notified that property is in
a flood area.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-27; Ordinance 24-011 adopted 3/19/2024)
In order to accomplish its purposes, this article uses the following
methods:
(1)
Restrict or prohibit uses that are dangerous to health, safety
or property in times of flood, or cause excessive increases in flood
heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(3)
Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the accommodation
of floodwaters; and
(4)
Control filling, grading, dredging, and other development which
may increase flood damage;
(5)
Prevent or regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-28; Ordinance 24-011 adopted 3/19/2024)
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
Alluvial fan flooding.
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.
Apex.
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.
Appeal.
A request for a review of the floodplain administrator's
interpretation of any provisions of this article or a request for
a variance as defined in this section.
Area of shallow flooding.
A designated AO, AH, or VO zone on a community's flood insurance
rate map (FIRM) with a one (1) percent chance or greater annual chance
of flooding to an average depth of one (1) to three (3) feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be eviden. Such flooding
is characterized by ponding or sheet flow.
Area of special flood hazard.
The land in the floodplain within a community subject to
a one (1) percent 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 rate-making has been completed in preparation
for publication of the FIRM, zone A usually is refined into zone A,
AE, AH, AO, A1-99, VO, V1-30, VE, or V.
Base flood.
The flood having a one (1) percent chance of being equaled
or exceeded in any given year.
Basement.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Critical feature.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Development.
Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
Elevated building.
A nonbasement building:
(1)
Built, in the case of a building in zones A1-30, 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 zone V1-30, VE, or V, to have the bottom
of the lowest horizontal structural member of the elevated floor,
elevated above the ground level by means of pilings, columns (posts
and piers), or shear walls parallel to the flow of the water; and
(2)
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 A1-30, 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 floodwaters. In the case of
zone 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 met the standards of section 60.3(e)(5) of the National Flood
Insurance Program regulations.
|
Existing construction.
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."
Existing manufactured home park or subdivision.
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 floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision.
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).
Flood insurance rate map (FIRM).
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.
Flood insurance study.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, and the water surface
elevation of the base flood, as well as the flood boundary-floodway
map.
Flood or flooding.
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.
Flood protection system.
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 typically
includes hurricane tidal barriers, dams, reservoirs, levees, or dikes.
These specialized flood-modifying works are those constructed in conformance
with sound engineering standards.
Floodplain management.
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 floodplain management
regulations.
Floodplain management regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
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.
Floodproofing.
Any combination of structural and nonstructural 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.
Floodway (regulatory floodway).
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.
Functionally dependent use.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Highest adjacent grade.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Historic structure.
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
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
[of the Interior] to qualify as a registered historic district;
(3)
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
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(A)
By an approved state program as determined by the Secretary
of the Interior; or
(B)
Directly by the Secretary of the Interior in states without
approved programs.
Levee.
A man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
Levee system.
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.
Lowest floor.
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 considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirement of section 60.3
of the National Flood Insurance Program regulations.
Manufactured home.
A structure transportable in one (1) 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."
Mean sea level.
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.
New construction.
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 floodplain
management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
New manufactured home park or subdivision.
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 floodplain management regulations adopted by a community.
Recreational vehicle.
A vehicle which is:
(1)
Built on a single chassis;
(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
temporary living quarters for recreational, camping, travel, or seasonal
use.
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 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 building.
Structure.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Substantial damage.
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 (50) percent of the market value of the structure
before the damage occurred.
Substantial improvement.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty (50) percent
of the market value of the structure before "start of construction"
of the improvement. This 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."
Variance.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article. (For full requirements see 44
CFR section 60.6 of the National Flood Insurance Program regulations.)
Violation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) [of the National Flood Program regulations] is presumed
to be in violation until such time as that documentation is provided.
Water surface elevation.
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 floodplains of coastal
or riverine areas.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-29; Ordinance 07-017, sec. 4, adopted 2/20/07; Ordinance 24-011 adopted 3/19/2024)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-30; Ordinance 24-011 adopted 3/19/2024)
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 the City of Beaumont," dated
August 6, 2002, with accompanying flood insurance rate maps and flood
boundary-floodway maps (FIRM and FBFM), and any revisions thereto,
are hereby adopted by reference and declared to be a part of this
article.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-31; Ordinance 24-011 adopted 3/19/2024)
A development permit shall be required to ensure conformance
with the provisions of this article.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-32; Ordinance 24-011 adopted 3/19/2024)
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
article and other applicable regulations.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-33; Ordinance 24-011 adopted 3/19/2024)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-34; Ordinance 24-011 adopted 3/19/2024)
In the interpretation and application of this article, all provisions
shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted
under state statutes.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-35; Ordinance 24-011 adopted 3/19/2024)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur and flood heights may be increased by man-made or natural
causes. This article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This article shall not create
liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-36; Ordinance 24-011 adopted 3/19/2024)