HomeMy WebLinkAbout033326 ORD - 03/26/2024Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus
Christi Code to update certain provisions to comply with Federal
Emergency Management Agency (FEMA) requirements; providing for a
penalty; and publication.
WHEREAS, by adopting the ISO/FEMA recommended changes to the City's Flood Hazard
Prevention Code the City will minimize public and private losses due to changing flood
conditions in areas of special flood hazard and improve the public health, safety and welfare
of its citizens.
WHEREAS, the City is a participant in a voluntary program of the National Flood
Insurance Program called the Community Rating System. This program awards points
for going above and beyond the minimum standards of a participating community.
WHEREAS, adopting higher flood hazard prevention standards provides additional points
to the City that can help reduce flood insurance premiums for flood insurance policies in
Special Flood Hazard Areas in the City.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Corpus Christi Code, Section 14-544 is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
Sec. 14-544. - Variance procedures.
(a) The construction trade advisory & appeals board hears and renders judgment on
requests for variances from the requirements of this article code.
(b) The construction trade advisory & appeals board hears and renders judgment 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 article code.
(c) Any person or persons aggrieved by the decision of the construction trade advisory &
appeals board may appeal such decision to a court of competent jurisdiction.
(d) The floodplain administrator maintains a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this
antic-{c code.
(f) 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 subsection 14-541(1) have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the variance
increases.
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(g) Upon consideration of the factors noted above and the intent of this division, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this chapter, section 14-502.
(h) Variances may not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character of design of the structure.
(j) Prerequisites for granting variances:
(1) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances may only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
c. 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.
(3) Any applicant, to whom a variance is granted, may be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest
floor elevation.
(k) Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that:
(1) The criteria outlined in subsections 14-5-34 544(a) through (i) are met; and
(2) 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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Sec. 14-552. - Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in s
14
action
522, subsection
14
532(8
) section 14-521, subsection 14-
542(8), or subsection 14-543(c), the following provisions are required:
(1) Residential construction. New construction of any residential structure must have the
lowest floor (including basement) and machinery or equipment, elevated to one (1)
foot above the base flood elevation. Substantial damage and substantial improvement
must have the lowest floor (including basement) and machinery or equipment,
elevated to one (1) foot above the base flood elevation. Attached garages and
enclosures below elevated buildings must meet the minimum NFIP requirements
(elevated to the base flood elevation or have proper openings). A registered
professional engineer, architect, or land surveyor shall submit a certification to the
floodplain administrator that the standard of this subsection as proposed in subsection
14-533(b)(1), is satisfied.
(2) Nonresidential construction. New construction of any commercial, industrial, or other
nonresidential structure must either have the lowest floor (including basement)
elevated to one (1) foot 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 Substantial damage and substantial improvement must
have the lowest floor (including basement), elevated to at or above the base flood
elevation 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 usable solely for parking of vehicles, building
access, or storage in an area other than a basement and which are subject to flooding
must be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding must be
provided.
b. The bottom of all openings must be no higher than one (1) foot above grade.
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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.
(5)
a. All manufactured homes to be placed within zone A on a city's FHBM or FIRM
must be installed using methods and practices which minimize flood damage.
1. For the purposes of this requirement, a manufactured home must be
elevated and anchored to resist flotation, collapse or lateral movement.
2. Methods of anchoring may include, but are not limited to, use of over -
the -top or frame ties to ground anchors.
3. This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
b. Manufactured homes that are placed or substantially improved within zones
A1-30, AH, and AE on the city's FIRM must be on sites:
1. Outside of a manufactured home park or subdivision.
2. In a new manufactured home park or subdivision.
3. In an expansion to an existing manufactured home park or subdivision
on which a manufactured home has incurred substantial damage as a
result of a flood, be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to one (1) foot above
the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
c. Manufactured homes must be placed on substantially improved on sites in an
existing manufactured home park or subdivision with zones A1-30, AH, and AE
on the city's FIRM that are not subject to the provisions of subsection (4) of this
section must be elevated so that-e+h-e-r and the more stringent of the two is
required:
1. The lowest floor of the manufactured home is one (1) foot above the
base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six (36) inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
Recreational vehicles. Recreational vehicles placed on sites within zones A1-30, AH,
and AE on the city's FIRM either:
a. Must be on the site for fewer than one hundred eighty (180) consecutive days,
b. Must be fully licensed and ready for highway use, or
c. Must meet the permit requirements of subsection 14-545(a), and the elevation
and anchoring requirements for manufactured homes in subsection (4) of this
section.
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(6) A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick -disconnect type utilities and security devices and
has no permanently attached additions.
Sec. 14-556. Coastal high hazard areas.
(a) Areas that are subject to possible high-energy wave action, and which are identified
as areas of special flood hazard established in section 14-522, are areas designated
as coastal high hazard areas (zones V1-30, VE, and/or V).
(b) 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 article code, the following provisions also apply:
(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, and whether or not such structures contain
a basement. The floodplain administrator maintains a record of all this information.
(2) All new construction must be located landward of the reach of mean high tide.
(3) All new construction and substantial damage must be elevated on pilings and
columns so that:
a. The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to one (1) foot above the base
flood elevation.
b. Substantial improvements must have the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns)
elevated to at or above the base flood elevation.
c. The pile or column foundation and structure attached to the foundation is
anchored to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components.
1. Water loading values used must be those associated with the base flood.
2. Wind loading values used shall be those required by applicable state or
local building standards.
(4) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of subsections (3)a. and
(3)b. of this section.
(5) All new construction and substantial improvements must have the space below
the lowest floor either free of obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system.
(6) For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten (10), and not more than twenty (20) pounds per
square foot.
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(7) Use of breakaway walls, which exceed a design safe loading resistance of twenty
(20) pounds per square foot (either by design or when so required by local or state
codes), may be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
a. Breakaway wall collapse must result from a water load less than that which
would occur during the base flood; and
b. The elevated portion of the building and supporting foundation system may
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).
1. Water loading values used shall be those associated with the base flood.
2. Wind loading values used shall be those required by applicable state or
local building standards.
(8) Enclosed space below the lowest floor may be useable solely for parking of
vehicles, building access or storage. The enclosed space below the lowest floor
may not be used for human habitation.
a. All enclosed areas below base flood elevation that are greater than five (5)
feet in height will be required to sign a non -conversion agreement that will be
filed with the deed.
(9) The use of fill for structural support of buildings is prohibited.
(10) The use of manmade alteration of sand dunes and mangrove stands, which
would increase potential flood damage, is prohibited.
(11) Manufactured homes, which have incurred substantial damage as the result
of a flood, must meet the standards of subsections (b)(1) through (b)(10) of
this section, if they are placed or substantially improved within zones V1-30,
V, and VE on the city's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision.
(12) Manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision within zones V1-30, V, and
VE on the city's FIRM meet the requirements of subsection 14-542(4) of this
Code.
(13) Recreational vehicles, which are placed on sites within zones V1-30, V, and
VE on the city's FIRM, must either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the requirements in section 14-522 of this article code and subsections
(b)(1) through (b)(10) of this section.
(14) A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick -disconnect type utilities and
security devices, and has no permanently attached additions.
(15) For properties within the boundaries of the North Beach Development Plan,
minor grading and the placement of minor quantities of nonstructural fill are
allowed in Zone V only for landscaping, drainage under and around buildings,
and support of parking slabs, pool decks, patios, walkways, and similar site
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elements. Nonstructural fill shall not prevent the free passage of floodwater
and waves beneath elevated buildings, divert floodwater or waves such that
building damage is exacerbated, or lead to damaging flood and wave
conditions on a site or adjacent sites. Nonstructural fill is assumed to wash
away and shall not be used in foundation design calculations.
a. Nonstructural fill placed on Zone V sites sh-al-1 should be similar to natural
soils in the area. In many coastal areas, natural soils are clean sand or
sandy soils free of large quantities of clay, silt, and organic material.
Nonstructural fill shall not contain large rocks and debris. The
developer/owner shall submit test results providing the classification of the
existing and proposed soil using the Unified Soil Classification System
(American Society for Testing and Materials (ASTM) Standard D2487) to
the City's Floodplain Administrator for approval prior to fill being placed on
Zone V sites.
b. Placement of up to 2 feet of nonstructural fill under or around an elevated
building is allowed without engineering analysis or certification, provided
basic site drainage principles are not violated and provided there are no
other site -specific conditions or characteristics that would render the
placement of the fill damaging to nearby buildings. Placement of fill under
or around an elevated building that exceeds 2 feet or that does not abide
by basic site drainage principles requires an engineering analysis
showing no diversion of floodwaters or waves that building damage is
exacerbated or lead to damaging flood and wave conditions on the site or
adjacent sites. In cases where site development involves removing a
layer of soil and fill is added to the site later, the fill thickness should be
evaluated relative to the pre -removal soil elevation, not the removed soil
elevation.
c. Minimum slopes for building sites to facilitate drainage away from
buildings shall be shallower than 1 unit vertical to 5 units horizontal
(regardless of fill height).
d. Parks, dDunes; and dune vegetation will be conserved and remain in their
natural state and not elevated. Placement of nonstructural fill in
dunes; and dune vegetation is prohibited.
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 in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1 - 6 and Section 14 -557 of
the Corpus Christi Code.
SECTION 5. This ordinance takes effect after official publication.
Introduced and voted on the Nit\ day of MGjZ* , 2024.
PASSED and APPROVED on the �LDt\day of OC\IC, , 2024.
Paulette Guajardo, ayo
EFFECTIVE DATE
Pak
ATTEST:
Reb cca Huerta, City ecretary
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