HomeMy WebLinkAbout19819 ORD - 06/23/1987AN ORDINANCE
UPDATING THE FLOOD HAZARD PREVENTION CODE BY ADOPTING
CERTAIN AMENDMENTS THERETO; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Flood Hazard Prevention Code is hereby amended to
read as follows for the purpose of complying with Federal Emergency Management
Agency regulations and making certain local changes:
05P.139.01
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FLOOD HAZARD PREVENTION CODE
TABLE OF CONTENTS
Page
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS 1
SECTION A Statutory Authorization 1
SECTION B Findings of Fact 1
SECTION C Statement of Purpose 1
SECTION D Methods of Reducing Flood Losses 2
ARTICLE 2 DEFINITIONS 3
ARTICLE 3 GENERAL PROVISIONS 8
SECTION A Lands to Which This Ordinance Applies 8
SECTION B Basis for Establishing the Areas of Special
Flood Hazard 8
SECTION C Establishment of Development Permit 8
SECTION D Compliance 8
SECTION E Abrogation and Greater Restrictions 8
SECTION F Interpretation 8
SECTION G Warning and Disclaimer of Liability 9
ARTICLE 4 =ADMINISTRATION 10
SECTION A Designation of the Floodplain Administrator . . 10
SECTION B Duties and Responsibilities of the Floodplain
Administrator 10
SECTION C Permit Procedures 12
SECTION D Variance Procedures 13
ARTICLE 5 . PROVISIONS FOR -FLOOD -HAZARD REDUCTION 15
SECTION A General Standards 15
SECTION B Specific Standards 15
1. Residential Construction 15
2. Nonresidential Construction 16
3. Enclosures 16
4. Manufactured Homes 16
SECTION C Standards for Subdivision Proposals 17
SECTION D Standards for Areas of Shallow Flooding
(AO/AH Zones) 17
SECTION E Floodways 18
SECTION F Coastal High Hazard Areas (V Zones) 18
Certification 21
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FLOOD HAZARD PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in V.T.C.A., Water Code
16.311 et seq delegated the responsibility to local governmental units to
adopt regulations designed to minimize flood losses. Therefore, the City
Council of Corpus Christi, Texas, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Corpus Christi 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.
(2) 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 hazards areas by uses
vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood
damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance 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 flood -prone areas in such a manner as to minimize
future flood blight areas; and
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(7) Insure that potential buyers are notified that property is in a
flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance 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 flood waters;
(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 flood waters or which may increase flood hazards
to other lands.
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ARTICLE 2
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 Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for a
variance.
AREAS OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood -Insurance Rate Map (FIRM) with a one percent 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.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a
community subject to a one 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 ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being
equalled or exceeded in any given year.
BREAKAWAY WALLS - means a wall that is not part of the structural support
of the building and 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.
COASTAL HIGH -HAZARD AREA- - means the area subject to high velocity
waters, including but not limited to hurricane wave wash or tsunamis.
The area is designated on a FIRM as Zone V1-30, VE or V.
CRITICAL FEATURE - means 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 - means 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.
DEVELOPMENT= PERMIT - means any permit, plan approval or other
authorization required from any department of the City prior to
commencing any development work regulated by the City building code,
electrical code, mechanical code, plumbing code, platting ordinance,
zoning ordinance, excavation ordinance, or any other applicable
ordinance of the City.
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ELEVATED BUILDING - means a nonbasement building (i) 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 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 flow
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 A1-30, AE, A, A99, A0,
AH, B, C, X, 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 standards of Section 60.3(e)(5) of the National
Flood Insurance Program regulations.
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."
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 Emergency Management Agency has delineated both the
areas of special flood hazards and the risk premium zones applicable to
the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood
Boundary-Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOOD PROTECTION SYSTEM-- means 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.
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FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - means 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 ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HABITABLE FLOOR - means any floor usable for the following 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".
HIGHEST ADJACENT GRADE - means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
LEVEE - means 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-- means a flood protection system which consists of a levee,
or levee's, and- associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
LOWEST FLOOR - means 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 non -elevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME means 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. For flood plain management purposes the term "manufactured
home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
MEAN SEA LEVEL- --means, 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.
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NEW CONSTRUCTION - means, for flood plain management purposes, structures
for which the "start of construction" commenced on or after the effective
date of a flood plain management regulation adopted by a community.
PERMANENT FOUNDATION - Means construction of grillages of steel, of
masonry, of reinforced concrete or timber and designed in accordance with
accepted engineering practice to provide adequate support and anchorage.
For floodplain management purposes guidelines and methods for
Manufactured Homes are contained in FEMA 85/September 1985 publication
entitled Manufactured Home Installation in Flood Hazard Areas.
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, placement, or other improvement was within 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 filing; 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.
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.
SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50% 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 purpose 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
dimensions of the structure. The term does not, however, include either
(1) any project for improvement of a structure 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 alteration
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 prohibited by this ordinance. (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
VIOLATION - means 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
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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 the documentation is
provided.
WATER SURFACE ELEVATION — means 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.
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ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the City Of Corpus Christi.
SECTION B. 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 Corpus Christi," dated
January 18, 1985, with accompanying Flood Insurance Rate Maps dated
July 18, 1985, 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 ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with
the provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have
its use changed without full compliance with the terms of this ordinance
and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, 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.
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SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance 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 ordinance 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 ordinance 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 ordinance
or any administrative decision lawfully made thereunder.
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ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Building Official is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this
ordinance and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to flood plain management.
The Floodplain Administrator shall chair and be assisted by the
Flood Plain Review Committee consisting of three persons as follows:
(1) Building Code Engineer: Knowledgeable in construction
practices and representing the Building Inspection Department.
(2) Senior Planner: Knowledgeable in subdivision planning,
platting and representing the Planning Department.
(3) Senior Design Engineer: Knowledgeable in subdivision
development, hydrology and representing Engineering Services.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to, the following:
(1) Maintain and hold open for public inspection all records
pertaining to the provisions of this ordinance.
(2) Review permit applications to determine whether a proposed
building site will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development
permits required by adoption of this ordinance.
(4) 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.
(5) 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 Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the
State Coordinating Agency which is the Texas Water Commission prior to
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any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in
accordance with Article 3, Section B, the Floodplain 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 5.
(9) When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill) shall be
permitted within Zones A1-30 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.
(10) Right of Entry and Stop Work Orders
a. Whenever necessary to make an inspection to enforce any of the
provisions of this Code, or whenever the Floodplain Administrator, or his
duly authorized representative, has reasonable cause to believe that
there exists in any building or upon any premises any condition or code
violation which makes such building or premises unsafe, dangerous or
hazardous, the Floodplain Administrator, or his duly authorized
representative, may enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the
Floodplain Administrator by this Code, provided that if such building or
premises is occupied, he shall first present proper credentials and
request entry. If such building or premises is unoccupied, he shall
first make a reasonable effort to locate the owner or other persons
having charge or control of the building or premises and request entry.
If such entry is refused, the Floodplain Administrator shall have
recourse to every remedy provided by law to secure entry.
b. When the Floodplain Administrator shall have first obtained a
proper inspection warrant or other remedy provided by law to secure
entry, no owner or occupant or any other persons having charge, care or
control of any building or premises shall fail or neglect, after proper
request is made as herein provided, to promptly permit entry therein by
the Floodplain Administrator or his duly authorized representative for
the purpose of inspection and examination pursuant to this Code.
c. Upon notice from the Floodplain Administrator or his duly
authorized representative, that work on any building, structure, dike,
bridge or any improvement which would affect water drainage, is being
done contrary to the provisions of this Code or in a dangerous or unsafe
manner, such work shall be immediately stopped. Such notice shall be in
writing and shall be given to the owner of the property, or to his agent,
or to the person doing the work, and shall state the conditions under
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which work may be resumed. Where an emergency exists, no written notice
shall be required to be given by the Floodplain Administrator, provided
written notice shall follow within twenty-four (24) hours from the time
oral notice to stop work is issued.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the
Floodplain 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, 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 new and substantially improved structures;
b. Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Article 5, Section B(2);
d. Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed
development.
e. Maintain a record of all such information in accordance with
Article 4, Section (B) (1).
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on the recommendations of the Flood Plain
Review Committee and all of the provisions of this ordinance and the
following relevant factors:
a. The danger to life and property due to flooding or erosion
damage;
b. The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the
injury of others;
d. The compatibility of the proposed use with existing and
anticipated development;
e. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
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f. The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical and
water systems;
g. The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan
for that area.
(3) Revocation Of Permits
a. Misrepresentation Of Application. The Floodplain Administrator
may revoke a permit or approval, issued under the provisions of this
code, in case there has been any false statement or misrepresentation as
to a material fact in the application or plans on which the permit or
approval was based or whenever the permit or approval was issued in
error.
b. Violation Of Code Provisions. The Floodplain Administrator may
revoke a permit upon determination by the Floodplain Administrator that
the construction, erection, alteration or repairs of the structure for
which the permit was issued is in violation of, or not in conformity
with, the provisions of this Code.
SECTION D. VARIANCE PROCEDURES
(1) The Building Code Board Of Appeals as established by the
community shall hear and render judgement on requests for variances from
the requirements of this ordinance.
(2) The Building Code Board Of Appeals shall hear and render
judgement on an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Building
Code Board Of Appeals may appeal such decision in the courts of competent
jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all
actions involving an appeal and shall report variances to the Federal
Emergency Management Agency upon request.
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(5) 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 ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half 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 C(2) of this Article have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required
for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of
this ordinance, the Building Code Board Of Appeals may attach such
conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
(9) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
b. Variances shall only be issued upon, (i) showing a 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 fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
c. 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.
(10) Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided that (i) the criteria
outlined in Article 4, Section D(1)-(9) 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.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements;
(1) 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;
(2) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
(4) All new construction 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.
(5) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
(6) 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,
(7) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(8) Additional protection is specifically recommended such that the
lowest floor of any building be elevated to a level of one foot higher or
more above the base flood elevation since such additional protection may
provide for significant reductions in insurance premiums.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in (i) Article 3, Section B, (ii)
Article 4, Section B(8), or (iii) Article 5, Section C(4) the following
provisions are required:
(1) 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
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submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in Article 4, Section C(1)a., is
satisfied.
(2) 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 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 Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements,
with fully enclosed areas below the lowest floor that 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
and/or exceed the following minimum criteria:
a. A minimum of two 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.
b. The bottom of all openings shall be no higher than one foot
above grade.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A,
shall be installed using methods and practices which minimize flood
damage. For the purpose 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.
b. All manufactured homes shall be in compliance with Article 5,
Section B(1).
16
c. Require that all manufactured homes to be placed or
substantially improved within Zones A1-30, AH and AE on the community's
FIRM be elevated on a permanent foundation such that the lowest floor of
the manufactured home is at or above the base flood elevation; and be
securely anchored to an adequately anchored foundation system in
accordance with the provision of Section B(4) of this Article.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including manufactured home parks and
subdivisions shall be consistent with Article 1, Sections B, C, and D of
this ordinance.
(2) All proposals for the development of subdivisions including
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the
provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision
proposals and other proposed developments, including manufactured home
parks and subdivisions which are greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article 3,
Section B or Article 4, Section B(8) of this ordinance.
(4) All subdivision proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(5) All subdivision proposals including 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 D. STANDARDS TM AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in
Article 3, Section B, are areas designated as shallow flooding. These
areas have special flood hazards associated with base flood depths of 1
to 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 apply:
(1) 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 feet if no
depth number is specified).
(2) All new construction and substantial improvements of
nonresidential structures;
17
(i) 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 feet if no depth
number is specified), or;
(ii) 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 of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this
Section, as proposed in Article 4, Section C (1)a., are satisfied.
(4) Required within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed
structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established
in Article 3, Section B, 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;
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development unless certification by a
professional registered engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 5.
(3) The placement of manufactured homes is prohibited, except in an
existing manufactured home park or existing manufactured home
subdivision.
SECTION -F. COASTAL HIGH HAZARD AREAS (V ZONES)
Located within the areas of special flood hazard established in
Article 3, Section B, are areas designated as Coastal High Hazard Areas
(Zones 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
ordinance, the following provisions must also apply:
18
(1) 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,
whether or not such structures contain a basement. The Floodplain
Administrator shall maintain a record of all such information.
(2) All new construction shall be located landward of the reach of
mean high tide.
(3) All new construction and substantial improvements shall be
elevated on pilings and columns so that:
(i) 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;
(ii) 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. Wind and water loading values shall each have a one
percent chance of being equalled or exceeded in any given year (100 -year
mean recurrence interval);
(iii) a registered professional engineer or architect shall
develop or review the structural design, specification 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 (3)(i), (ii) and (iii) of this
Section.
(4) Provide that all new construction and substantial improvements
have the space below the lowest floor either free of obstruction or
constructed with nonsupporting 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 the purpose of this section, a breakaway wall shall have a
design safe loading resistance of not less than 10 and not more than 20
pounds per square foot. Use of breakaway walls which exceed a design
safe loading resistance of 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:
(i) breakaway wall collapse shall result from a water load
less than that which would occur during the base flood; and
(ii) 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).
Maximum wind and water loading values to be used in this determination
shall each have a one percent chance of being equalled or exceeded in any
given year (100 -year mean recurrence interval).
19
(5) If breakaway walls are utilized, such enclosed space shall be
useable solely for parking of vehicles, building access, or storage.
Such space shall not be used for human habitation.
(6) Prohibit the use of fill for structural support of buildings.
(7) Prohibit man-made alteration of sand dunes and mangrove stands
which would increase potential flood damage.
(8) The placement of manufactured homes is prohibited, except in an
existing manufactured home park or existing manufactured home
subdivision.
20
CERTIFICATION
It is hereby found and declared by Corpus Christi, Tex that
(local unit)
severe flooding has occurred in the past within its jurisdiction and will
certainly occur within the future; that flooding is likely to result in
infliction of serious personal injury or death, and is likely to result
in substantial injury or destruction of property within its jurisdiction;
in order to effectively comply with minimum standards for coverage under
the National Flood Insurance Program; and in order to effectively remedy
the situation described herein, it is necessary that this ordinance
become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance,
being necessary for the immediate preservation of the public peace,
health and safety, shall be in full force and effect from and after its
passage and approval.
APPROVAL:
PASSED: June 23, 1987
(date)
I, the undersigned,
(local ci.al)
Craig ;McDowell, City Manager
CERTIFICATE
Dorothy Zahn
, do hereby certify
that the above is a true and correct copy of an ordinance duly adopted by
the City Council of Corpus Christi , at a regular meeting duly convened
(local unit)
on June 23. 1987
(date)
(Secretary or -. •o1iiji.ble person)
Assistant Ci ec tary
(SEAL)
21
SECTION 2. Ordinance No. 18146 passed March 28, 1984 and Ordinance No.
18665 passed January 22, 1985, are hereby repealed effective July 1,
1987.
SECTION 3. Any person, firm or corporation who violates a provision of
this code, or fails to comply therewith or with any of the requirements
thereof, or who erects, constructs, alters, demolishes, or moves any
building or structure in violation of a detailed statement or drawing
submitted and approved thereunder, shall be guilty of a misdemeanor and
shall be liable to a fine of not more than $200. Each such person, firm,
or corporation shall be guilty of a separate offense for each and every
day during which any violation of any of the provisions of this code is
committed or continued. The owner or owners of any building or structure
failing to comply with any of the provisions of this code, and the owner
or owners of any premises wherein a violation of the provisions of this
code occurs, and any architect, engineer, designer, builder, contractor,
agent, person, firm, or corporation employed therewith and who has
assisted in the commission of any such violation, shall be guilty of a
separate offense.
SECTION 4. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it
is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given
full force and effect for its purpose.
SECTION 5. This ordinance shall have an effective date of July 1, 1987,
after its publication one time in the official publication of the City of
Corpus Christi, which publication shall contain the caption stating in
summary the purpose of the ordinance.
22
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the ordinance, this ordinance to become effective upon
such publication.
05P.139.01
That the foregoing ordinance was read
second reading on this the 9dkday
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoing ordinance 7s read
third reading on this the goh day
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoing
this the plaj/l0`day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
for the� first° time
'
of U
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
for he second
of
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
and passed to its
, 19 ?'7, by the
time and ggg� sed to its
, 1967 , by the
ordinance was read for the hird time
of (:).1-411) , 1987 , by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the a3 'loL day of
ATTEST: ,()
ity Secretary
APPROVED:
3 DAY OF
HAL GEORGE, CITY ATTORNEY
By
As ant City Atto
99.044.01
, 1954:
e
364A
MA
and passed finally on
following vote:
THE CITY OF CORPUS CHRISTI, TEXAS
19819
STATE OF TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT
lss: AD# 43577
JJ CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came
- ; NURIE LA RUE , who being first duly sworn, according to law, says that he is the
SENIOR a4.'C4.I? '.ING,CL.ERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE # 1984 UPDATING THE FICOD HAZARD PREVENTION CODE BY
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY
on the.-29Jday of'NNE 1932..., and once each. day thereafter for one
consecutive
dad
one Times.
23.00
Subscribed and sworn to before me this
mcLak
29th day of JUNE
T
Nota9 Public, Nueces County, Texas
EUGENIA S. CORTEZ 6-30-89
19 87
NOTICE OF PASSAGE OF 1
ORDNANCE N 19819 f
ATING THE
ARDPREVENTION CODE BY 1.
ADOPTING CERTAIN
AMENDMENTS THERETO; r ;q
PROVIDING FOR PENALTIES, 0
PROVIDING FOR SEWER- �, z
ANCE, AND PROVIDING FOR
PUBLICATION. " "„ 4=
Was passed and approved 0494.Z"
by the City Council of the City <,jp co p
of Corpus Christi, Texas on Pa4..
the 23rd day of June, 1987. ---
The
The full text of said ordinance
is available to the public in the
Office of the City Secretary.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
rr