§ 157.01 STATUTORY AUTHORITY.

   The legislature of the state has, in Tex. Water Code §§ 16.311 et seq., commonly called the Flood Control and Insurance Act of Texas, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Commission does ordain the provisions of this chapter.

(1998 Code, § 58-31)

§ 157.02 FINDINGS OF FACT.

   (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.

(1998 Code, § 58-32)

§ 157.03 PURPOSE OF CHAPTER.

   It is the purpose of this chapter 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:

   (A)   Protect human life and health;

   (B)   Minimize expenditure of public money for costly flood control projects;

   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (D)   Minimize prolonged business interruptions;

   (E)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

   (F)   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

   (G)   Ensure that potential buyers are notified that property is in a flood area.

(1998 Code, § 58-33)

§ 157.04 METHODS OF REDUCING FLOOD LOSSES.

   In order to accomplish its purposes, this chapter uses the following methods:

   (A)   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;

   (B)   Require that uses vulnerable to floods, including facilities which serve as such uses, be protected against flood damage at the time of initial construction;

   (C)   Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;

   (D)   Control filling, grading, dredging and other development which may increase flood damage; and

   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(1998 Code, § 58-34)

§ 157.05 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter, or a request for a variance.

   AREA OF SHALLOW FLOODING. A designated AO, AH or VO Zone on a community’s flood insurance rate map (FIRM) with a 1% 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. The land in the floodplain within a community subject to a 1% 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. The flood having a 1% chance of being equalled or exceeded in any given year.

   BREAKAWAY WALL. 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. 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. 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 human-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.

   ELEVATED BUILDING.

      (1)   A non-basement building:

         (a)   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 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

         (b)   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.

      (2)   In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, the term 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 Zones V1-30, VE or V, the term 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 § 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 1-1-1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES .

   FLOOD and 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; and/or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   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 hazard 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 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 and FLOODPRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOOD and FLOODING .)

   FLOODWAY and 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 longterm storage or related manufacturing facilities.

   HABITABLE FLOOR. Any floor usable for the following purposes: 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. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

   LEVEE. A human-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 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 non-elevation design requirement of § 60.3 of the National Flood Insurance Program regulations.

   MANUFACTURED HOME. 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 floodplain 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. 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 floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community.

   START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. Law No. 97-348) being 16 U.S.C. §§ 3501 et seq., 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 a 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 basements, 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. 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.

      (1)   Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, 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.

      (2)   The term does not, however, include either 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 ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

   VARIANCE. A grant of relief to a person from the requirements of this chapter, when specific enforcement would result in unnecessary hardship. A VARIANCE , therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements, see § 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 § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insurance 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.

(1998 Code, § 58-35)

§ 157.06 APPLICABILITY OF CHAPTER.

   This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.

(1998 Code, § 58-36)

§ 157.07 BASIS FOR ESTABLISHING 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 the City of Texas City, Texas”, dated 11-2-1982, 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 chapter.

(1998 Code, § 58-37)