HomeMy WebLinkAboutPO 7344: AMENDING CHAPTER 42 - FLOODS, ARTICLE II. FLOOD DAMAGE PREVENTION, SECTIONS 42-35, 42-91, 42-92, AND 42-93 OF THE CODE OF ORDINANCES City of
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING & ZONING
INTEROFFICE MEMORANDUM
Date: June 20, 2025
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, CPM, City Manager
From: Pamela D. Langford, CPM, Development Services Director/ Assistant
City Manager—Operations
Cc: Philip Vilardi, Building Official
RE: P.O. NO. 7344—Amending Chapter 42— Floods, Article II. Flood Damage
Prevention, Sections 42-35, 42-91 , 42-92, and 42-93 of the Code of
Ordinances
Introduction:
The intent of this Agenda Item is to seek the City Council's consideration and approval
of Proposed Ordinance No. 7344, an ordinance amending Chapter 42 — Floods,
Article II. Flood Damage Prevention of the City of Port Arthur Code of Ordinances to
ensure continued compliance with the National Flood Insurance Program (NFIP) as
administered by the Federal Emergency Management Agency (FEMA).
Background:
The City of Port Arthur is an active participant in the National Flood Insurance Program
(NFIP), which was established by the National Flood Insurance Act of 1968. As a
condition of participation, FEMA requires municipalities to adopt and enforce floodplain
management regulations that meet or exceed minimum criteria specified in Title 44 of
the Code of Federal Regulations (CFR), Parts 59 and 60.
The goals of the NFIP include reducing the loss of life and property due to flooding,
minimizing the impact of flood events on communities, and reducing reliance on federal
disaster relief. By maintaining compliance, the City remains eligible for federally backed
flood insurance and disaster recovery assistance.
This ordinance proposes updates to definitions and floodplain management standards
in Sections 42-35 (Definitions), 42-91 (General Standards), 42-92 (Specific Standards),
and 42-93 (Standards for AO/AH Zones) to ensure that the City's regulations align with
or exceed FEMA's minimum floodplain management standards.
KEY ORDINANCE HIGHLIGHTS:
• Revises and adds definitions related to base flood elevation, freeboard, and
substantial improvements.
• Requires a minimum of one foot of freeboard above Base Flood Elevation for
all new construction and substantial improvements.
• Updates floodproofing and elevation standards for both residential and non-
residential structures.
• Establish drainage and elevation standards for properties located in shallow
flooding areas (AO/AH zones).
• Affirms enforcement, penalties, and severability clauses for legal consistency
and public compliance.
Budget Impact:
None
Recommendation:
It is recommended that the City Council consider and approve Proposed Ordinance
No. 7344, amending Chapter 42 — Floods, Article II. Flood Damage Prevention,
Sections 42-35, 42-91, 42-92, and 42-93 of the Code of Ordinances.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. NO.7344
06/20/2025-pdl
PAGE 1 OF 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING
CHAPTER 42 — FLOODS, ARTICLE II. FLOOD DAMAGE PREVENTION,
SECTIONS 42-35, 42-91, 42-92, AND 42-93 OF THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Port Arthur participates in the National Flood Insurance
Program (NFIP), which is administered by the Federal Emergency Management Agency
(FEMA) pursuant to the National Flood Insurance Act of 1968; and,
WHEREAS, Title 44 of the Code of Federal Regulations (CFR), Parts 59 and 60,
set forth the minimum requirements for participation in the NFIP, including the adoption
and enforcement of floodplain management regulations that reduce the risk of flood
damage to new construction and substantially improved structures; and,
WHEREAS, the goals of the NFIP are to reduce the loss of life and property caused
by flooding, minimize the impact of flood damage on individuals and communities, and
reduce the need for emergency disaster relief; and,
WHEREAS, the City of Port Arthur desires to ensure that its floodplain
management regulations meet or exceed the minimum standards established by FEMA
and the NFIP, to maintain eligibility for flood insurance and to promote the health, safety,
and general welfare of its citizens; and
WHEREAS, the City Council of the City of Port Arthur finds it necessary to amend
Chapter 42, Article II of the Code of Ordinances to incorporate updated standards and
definitions, as required for continued compliance with 44 CFR Parts 59 and 60.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
P.O.NO.7344
06/20/2025-pdl
PAGE 2 OF 5
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 42 — Floods, Article II. Flood Damage Prevention,
Sections 42-35, 42-91, 42-92, and 42-93 of the Code of Ordinances of the City of Port
Arthur, is hereby amended to meet or exceed the minimum requirements established by
the National Flood Insurance Program, in accordance with 44CFR parts 59 and 60, as
delineated in Exhibit "A".
Section 3. That the Chief Building Official and the Director of Planning and
Development Services are authorized and directed to make all necessary changes to
Chapter 42-Floods of the City of Port Arthur Code of Ordinances if any section,
subsection, clause, phrase, or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, district, and independent provision and such holding shall not affect the validity
of the remaining portions hereof.
Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed.
Section 5. That any violation of this ordinance shall be guilty of a misdemeanor and
shall be punishable by a fine not exceeding Two Thousand ($2,000) Dollars as provided in
Chapter 1 — General Provisions, Section 1-13 of the Code of Ordinances, and each day that
a violation continues shall constitute a separate offense.
Section 6. That this Ordinance or its caption and penalty shall be published at least
one (1) time within ten days after final passage hereof in the official newspaper
Section 7. That this ordinance shall take effect immediately upon passage and
publication as required by law.
P.O.NO.7344
06/20/2025-pol
PAGE 3 OF 5
READ, ADOPTED, AND APPROVED this day of July, A.D. 2025, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
MAYOR
COUNCILMEMBERS:
NOES:
Charlotte Moses, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVE R ADMINISTRATION:
Ronald "Ron" Bu CPM, Ma ager
• 4,4
Pamela D. Langford, Assistant City Manager-Operations/
Director of Development Services
P.O. NO.7344
06/20/2025-pdl
PAGE 4 OF 5
EXHIBIT "A"
(RED-LINED VERSION)
PART II -CODE OF ORDINANCES
Chapter 42 FLOODS
Chapter 42 FLOODS'
ARTICLE I. IN GENERAL
Secs.42-1-42-30. Reserved.
ARTICLE II. FLOOD DAMAGE PREVENTION2
DIVISION 1. GENERALLY
Sec. 42-31. Statutory authorization.
The state legislature has in V.T.C.A.,Water Code§ 16.315,delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses.Therefore,the city council ordains the provisions of
this article.
(Code 1961,§9A-1)
Sec. 42-32. Finding 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.
(Code 1961, §9A-2)
'Cross reference(s)—Buildings,ch. 18; manufactured homes, mobile homes, recreational vehicles and parks,ch.
58;streets,sidewalks and other public places, ch.94;subdivisions,ch.98; utilities,ch. 110;waterways, ch.
118;zoning,app.A.
'State law reference(s)—Authority of city to adopt regulations designed to minimize flood losses,V.T.C.A.,Water
Code§ 16.315.
Port Arthur,Texas,Code of Ordinances Created: 2025-05-15 12:20:16 [EST]
(Supp.No.46)
Page 1 of 16
Sec. 42-33. Statement of purpose.
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 flood-prone 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.
(Code 1961, §9A-3)
Sec. 42-34. Methods of reducing flood losses.
In order to accomplish its purpose,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;
(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.
(Code 1961, §9A-4)
Sec.42-35. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them
in this section,except where the context clearly indicates a different meaning:
Appeal means a request for a review of the chief building official's interpretation of any provision of this
article or a request for a variance.
Area of shallow flooding means a designated AO,AH or V zone on a community's flood insurance rate map
(FIRM),with a one percent or greater 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.
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Area of special flood hazard means 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,AO,AH A1-99,V or VI-30.
Base flood means the flood having one percent chance of being equaled or exceeded in any given year.
Breakaway walls means a wall that is not part of the structural support of the building and which 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 or any buildings to which they might be carried
by floodwaters.
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 VI-30.
Critical facility means a structure or other improvement that,because of its function,size service area,or
uniqueness, has the potential to cause seriously bodily harm,extensive property damage,or disruption of vital
socioeconomic activities if it is destroyed or damaged or if its functionality is impaired.Critical facilities may
include health and safety facilities, utilities,government facilities,and hazardous materials facilities.
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.
Cumulative substantial improvements/damage means any structure wherein the cumulative costs of the
improvements or damage repairs when combined incrementally over a five-year period of time,equal or exceed
50 percent of the market value of the structure.When the cost of the work reaches 50 percent,the structure must
be brought into compliance with current ordinances and codes.
Development means any manmade change to improved or unimproved real estate including,but not limited
to, buildings or other structures, mining,dredging,filling,grading, paving, excavation or drilling operations.
Elevated building means a nonbasement building built, in the case of a building in zones Al-30,AE,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 VI-V30,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 floor of the water and 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 Al-A30,AE,A,A99,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 floodwaters. In the case of zones VI-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 FIRM's effective
before that date. Existing construction may also be referred to as"existing structures".
Existing manufactured home park or subdivision means 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 the
community.
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(Supp.No.46)
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Expansion to an existing manufactured home park or subdivision means 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 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 tide waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map(FIRM)means an official map of a community, on which the Federal Insurance
Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the
community.
Flood insurance study means the official report provided by the Federal Insurance Administration.The report
contains flood profiles,the water surface elevation of the base flood,as well as the flood hazard boundary
floodway map.
Flood opening means a non-engineered or engineered opening in foundation walls and walls of enclosures
that relieve hydrostatic loads to meet basic performance requirements to prevent flotation,collapse and lateral
movement due to flood forces. Non-engineered openings do not have moving parts and may be used to meet this
ordinance's prescriptive requirement for one square inch of net open area for every square foot of enclosed area.
Engineered openings may be used if designed and certified by a registered design professional as meeting certain
performance characteristics.
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.
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 one foot.
Freeboard is the term used to request an elevation above the highest point of right-of-way(road/bridges)
elevation that could impact the householder or business owner as well as the measure of one or two feet about
the written flood elevation required.The City of Port Arthur is requiring this due to recent years of heavy flooding
after droughts and hurricanes. In addition to consideration of increase in right-of-way construction,neighborhood
levees and a lack of culvert in many areas where ditches exist.
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.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
Increased cost of compliance(ICC)means coverage that provides payment of up to$30,000.00 to substantially
damaged properties to help cover the cost of mitigation activities that will reduce the risk of future flood damage
to a building if all of the following for the structure are met:
(1) The structure is covered by an insurance policy through the National Flood Insurance Program(NFIP);
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(Supp.No.46)
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(2) The structure must have suffered flood damage on at least two occasions in a ten-year period ending
on the day of the second loss;
(3) The cost to repair the flood damage,on average,equals or exceeds 25 percent of the market value of
the building at the time of each of the two flood losses,or cumulatively total 50 percent of the pre-
flood market value(a value less than 50 percent for substantial damage does not qualify for ICC),as
defined by the local floodplain ordinance,and;
(4) In addition to the claim requesting ICC,the NFIP must have paid a previous qualifying claim.
LOMA also LOMC(letter of map amendment). This request of the flood administrator and FEMA shall be due
to inaccurate topography or fill added to the land, hence a reference to a LOMA-F. LOMC is also used as LOMA, but
is termed a letter of map change.
LOMA-F(letter of map amendment for fill land).This process of adding fill shall be done by applying to FEMA,
the BFE(base floor elevation shall be attained).The soil shall be tested and analysis presented if the city is
skeptical but the ultimate responsibility of obtaining clean-fill belongs to the person buying and property owner
using said "fill"(F).
LOMR(letter of map revision)shall have technical or scientific data to support a reduced risk of flooding,due
to channel modification, bridge,culvert and/or levee(floodwall)changes.These changes often infer not only a
reduced risk of flooding but at times that the structure is removed from such a risk.
Levee means a manmade 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 levees,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 the 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 requirements of this article.
Mangrove stand means an assemblage of mangrove trees which are mostly low trees noted for a copious
development of interlacing adventitious roots above the ground and which contain one or more of the following
species: Black mangrove(Avicennia nitida); red mangrove(Rhizophora mangle);white mangrove(Languncularia
racemosa);and buttonwood(Conocarpus erecta).
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 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.
Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided into two or
more manufactured home lots for rent or sale.
Mean higher high tide means the average high tide reached over a period of a lunar cycle, roughly a period of
19 years.
Mean sea level means the average height of the sea for all stages of the tide.
New manufactured home park or subdivision means 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
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(Supp.No.46)
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concrete pads)is completed on or after the effective date of floodplain management regulations adopted by the
community.
Repetitive loss means a building covered by a contract for flood insurance that has incurred flood-related
damages on two occasions during a 10-year period ending on the date of the event for which a second claim is
made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the
market value of the building at the time of each such flood event.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of a beach.
Start of construction(for other than new construction of 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 that 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 stab 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 street and/or walkways;nor does it include excavation for a 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 that is principally above ground,as well as a manufactured
home.
Substantial improvement means any repair, reconstruction or improvement of a structure (including
repetitive loss structures),the cost of which equals or exceeds 50 percent of the market value of the structure
either before the improvement or repair is started,if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition substantial improvement is considered to occur
when the first alteration of any wall,ceiling,floor or other structural part of the building commences,whether or
not that alteration affects the external dimensions of the structure.The terms 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.
Texas Open Beaches Act means the statute,enacted by the state legislature in 1959,which prohibits
encroachment by private owners on the area seaward of the line of vegetation in the areas fronting on the Gulf of
Mexico.
Variance means 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.
Violation means 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 the article is presumed to be in violation until such time
as that 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 floodplains of
coastal and ravine areas.
(Code 1961, §9A-5;Ord. No. 10-13, § 1(exh.B),3-9-2010;Ord. No.20-30,§2(Exh.A),3-31-2020)
Cross reference(s)—Definitions generally,§1-2.
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Sec.42-36. Lands to which this article applies.
This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
(Code 1961,§9A-6)
Sec.42-37. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled,"The Flood Insurance Study for the City of Port Arthur,Texas,"dated April 17, 1984,
with accompanying flood insurance rate maps and flood hazard boundary floodway maps,and any revision
thereto,or best available data,if available, are adopted by reference and declared to be a part of this article.
(Code 1961, §9A-7;Ord. No. 20-30, §2(Exh.A), 3-31-2020)
Sec. 42-38. Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this article.
(Code 1961, §9A-8)
Sec. 42-39. Compliance.
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.
(Code 1961, §9A-9)
Sec. 42-40. Abrogation and greater restrictions.
This article is not intended to repeal,abrogate or impair any existing easements,covenants or deed
restrictions. However,where this article and another ordinance conflict or overlap,whichever imposes the more
stringent restrictions shall prevail.
(Code 1961, §9A-10)
Sec. 42-41. Interpretation.
In the interpretation and application of this article,all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally constructed in favor of the governing body;
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Code 1961, §9A-11)
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Sec.42-42. Warning and disclaimer of liability.
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 manmade 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 city,or any of its officers or employees,for any flood damages that
result from reliance on this article or any administrative decision lawfully made under this article.
(Code 1961,§9A-12)
Secs.42-43-42-60. Reserved.
DIVISION 2. ADMINISTRATION3
Sec.42-61. Designation of chief building official.
The chief building official is appointed to administer and implement the provisions of this article.
(Code 1961, §9A-21)
Sec.42-62. Duties and responsibilities of the chief building official.
Duties and responsibilities of the chief building official shall include, but not be limited to:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this article.
(2) Review the permit application 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 article.
(4) Review permits for proposed development to ensure 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 USC 1334)for which prior approval is required.
(5) Where interpretation is needed to the exact location of the boundaries of the areas of special flood
hazards(for example,where there appears to be a conflict between a mapped boundary and actual
field conditions)the chief building official shall make the necessary interpretation.The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in subsection 42-64(b).
(6) Notify, in riverine situations,adjacent communities and the state coordinating agency which is the
Texas Water Commission,prior to any alteration or relocation of a watercourse,and submit evidence
of such notification to the Federal Insurance Administration.
(7) Ensure that maintenance is provided within the altered or relocated portion of the watercourse so that
the flood-carrying capacity is not diminished.
'Cross reference(s)—Administration,ch.2;buildings,ch. 18.
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(8) When base flood elevation data has not been provided in accordance with section 42-37,the chief
building official shall obtain,review and reasonably utilize any base flood elevation data available from
a federal,state or other source,in order to administer the provision of division 3 of this article.
(9) When a regulatory floodway has not been designated,the chief building official 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) A LOMR-F shall be obtained prior to doing fill work.The source of"fill"shall be known by the property
owner and or buyer as either party bares the sole responsibility for the accuracy of this information.
(Code 1961, §9A-22;Ord. No. 10-13, §2(exh. B),3-9-2010)
Sec.42-63. Permit procedures.
(a) Application for a development permit shall be presented to the chief building official on forms furnished by
him 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:
(1) Elevation in relation to mean sea level,of the lowest floor(including the basement)of all new or
substantially improved structures that shall be one foot above the required elevation requested
(freeboard).This was requested by our local FEMA representatives at the Texas Water Development
Board,due to all the storms events and erosion that naturally ensued;an engineer shall substantiate
this fact to the building official.
(2) Elevation in relation to mean sea level,to which any nonresidential as well as residential structure shall
be floodproofed one foot above the required elevation; hence the MMF(minimum finished floor)shall
be revealed in contrast to mean sea level or base floor elevation (BFE).
(3) A certificate from a registered surveyor, registered/licensed professional engineer or
registered/licensed architect that the nonresidential or residential floodproofed structure shall meet
the floodproofing criteria in subsection 42-92(2).
(4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a
result of proposed development.
(5) Maintain a record of all such information in accordance with subsection 42-62(1).
(b) Approval or denial of a development permit by the chief building official shall be based on all of the
provisions of this article and the following relevant factors:
(1) The danger of life and property due to flooding or erosion damage.
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
(3) The danger that materials may be swept onto other lands to the injury of others.
(4) The compatibility of the proposed use with existing and anticipated development.
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles.
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(6) The costs of providing governmental services during and after flood conditions,including maintenance
or repair of streets and bridges,and public utilities and facilities such as sewer,gas,electrical and water
systems.
(7) The expected heights,velocity,duration,rate of rise and sediment transport of the floodwaters and
the effects of wave action, if applicable,expected at the site.
(8) The necessity to the facility of waterfront locations,where applicable.
(9) The availability of alternative locations not subject to flooding or erosion damage,for the proposed
use.
(10) The relationship of the proposed use to determination that the variance is the comprehensive plan for
that area.
(Code 1961,§9A-23;Ord. No. 10-13,§3(exhs. B,C),3-9-2010)
Sec.42-64. Variances procedures.
(a) The zoning board of adjustment,as established by the city,shall hear and render judgment on requests for
variances from the requirements of this article.
(b) The zoning board of adjustment shall hear and render judgment on an appeal only when it is alleged there is
an error in any requirement,decision or determination made by the chief building official in the enforcement
or administration of this article.
(c) Any person aggrieved by the decision of the zoning board of adjustment may appeal such decisions in the
courts of competent jurisdiction.
(d) The chief building official shall maintain 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 article.
(f) Upon consideration of the factors noted in previous sections and the intent of this article,the zoning board
of adjustment or in their absence the city council shall see to the conformity of this article.All other reasons
shall be observed as a hardship and not one created by the owner to prohibit obeying the revised ordinance.
Variances as is deemed necessary to further the purpose and objectives of this article(sections 42-33,42-
34).
(g) Variances may be issued by a community for new construction and substantial improvements and for other
dependent use, provided that:
(1) The criteria of subsections(a)—(g)of this section 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.
(Code 1961,§9A-24;Ord. No. 10-13, §5(exhs. B, D),3-9-2010)
Secs.42-65-42-90. Reserved.
DIVISION 3. FLOOD HAZARD REDUCTION
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Sec.42-91. 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 and 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 and utility
equipment resistant to flood damage.
(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
(5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharges from the systems into floodwaters.
(6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
(7) Electrical, heating,ventilation, plumbing and air conditioning equipment and other service facilities
shall be designed and/or located at least one foot above the base flood elevation so as to prevent water
from entering or accumulating within the components during conditions of flooding.
(8) Enclosures below the base flood elevation are usable solely for parking of vehicles, building access,or
storage.Owner(s)of new and/or substantially improved buildings will be required to sign a non
conversion agreement that must be filed with the deed.Enclosures shall be subject to inspection at any
time.
(9) A structure shall be deemed to be substantially improved or substantially damaged when the
cumulative costs of the improvements or damage repairs,when combined incrementally over a
five-year period of time, equal or exceed 50 percent of the market value of the structure.
(Code 1961, §9A-35;Ord. No. 20-30, §2(Exh.A),3-31-2020)
Sec.42-92.Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 42-
37,subsection 42-62(8)or subsection 42-94(e),the following provisions are required:
(1) Residential construction. New construction or substantial improvement of any residential structure
shall have the lowest floor, including the basement and all attendant facilities,elevated to at least one
foot above the base flood elevation.A registered professional engineer,architect or land surveyor shall
submit a certification to the chief building official that the standard of the subsection,as proposed in
subsection 42-63(a)(1), is satisfied.
(2) Nonresidential construction. New construction or substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including the basement
and all attendant facilities,elevated to at least one foot above the base flood elevation or,together
with attendant utility and sanitary facilities, be floodproofed so that below the base flood level plus
one foot,the structure is watertight with walls substantially impermeable to the passage of water and
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with structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.Where a nonresidential structure is intended to be made watertight below the
base flood level plus one foot:
a. 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 the accepted standards of practice for meeting the
applicable provisions of this section;and
b. A record of such certifications as required under subsection 42-63(a),which includes the specific
elevation(in relation to mean sea level)to which such structures are floodproofed shall be
maintained with the chief building official.
(3) Manufactured homes.All manufactured homes to be placed or substantially improved within zones Al-
30,of AH, or AE that are placed or substantially improved shall be(i)outside of a manufactured home
park or subdivision;(ii)in a new manufactured home park or subdivision;(iii)in an expansion to an
existing manufactured home park or subdivision;or(iv)in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial damage"as a result of a flood
shall be installed using methods and practices that minimize flood damage;and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one foot above
the base flood elevation in accordance with the following:
a. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the
manufactured home will be at least one foot above the base flood level.A registered professional
engineer,architect or land surveyor shall submit a certification to the chief building official that
the standard of this subsection complies with subsection 42-92(1).
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than one foot above base flood elevation or thirty-six
t36)inches in height above adjacent existing natural grade,whichever is higher.
b. Adequate surface drainage and access for a hauler are provided.
c. In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations
are placed in stable soil no more than ten feet apart,and reinforcement is provided for pilings
more than six feet above the ground level.
d. All manufactured homes shall be securely anchored to resist flotation,collapse or lateral
movement.Specific requirements shall be:
1. Over-the-top ties at each of the four corners of the manufactured home with two
additional ties per side at intermediate locations and manufactured homes less than 50
feet long requiring one additional tie per side;
2. Frame ties at each corner of the home with five additional ties per side at intermediate
points and manufactured homes less than 50 feet long requiring four additional ties per
side;
3. All components of the anchoring system are capable of carrying a force of 4,800 pounds;
4. Any additions to the manufactured home are similarly anchored.
(4) Floodways. Located within areas of special flood hazard established in section 42-37 are areas
designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris,potential projectiles and erosion potential,the following provisions
shall apply:
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a. Encroachments are prohibited, including fill, new construction,substantial improvements and
other developments unless certification by a professional registered engineer or architect is
provided demonstrating that encroachments shall not result in any increase in flood levels during
occurrence of the base flood discharge.
b. If subsection(4)a.of this section is satisfied,all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of division 3 of this article.
(5) Coastal high hazard areas(V zones). Located within the areas of special flood hazard established in
section 42-37, are areas designated as coastal high hazard areas.These areas have special flood
hazards associated with high velocity waters from tidal surge and hurricane wave wash.Therefore, in
addition to meeting all provisions outlined in this article,the following provisions shall apply:
a. Specified.
1. All buildings and structures within an area to which the Texas Open Beaches Act applies
shall be located at or above the line of vegetation,or at least 300 feet from mean low tide
where there is no visible line of vegetation;
2. In areas which are not subject to provisions of the Texas Open Beaches Act,all buildings
and structures shall be located landward of the reach of the mean higher tide.
b. All new construction and substantial improvements in zones V and V1-30, if base flood elevation
data are available on the community's FIRM,are elevated on pilings and columns so that:
1. The bottom of the lowest floor(excluding the pilings or columns)is elevated to at least one
foot above the base level.
2. 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 egaalledequaled or exceeded in any given year(100-year
mean recurrence interval).
3. 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(5)b.1.and (5)b.2.of this section.
c. There shall be no fill used as structural support.
d. There shall be no alteration of sand dunes or mangrove stands which would increase potential
flood damage.
e. All new construction and substantial improvements,within zones V1-30,VE and V on the
community's FIRM,shall have the space below the lowest floor either free of obstruction or
constructed with nonsupporting breakaway walls,open wood latticework,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 ten and no 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:
1. Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood;and
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2. 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 equalleclequaled or exceeded in any given year(100-year
mean recurrence interval).
Such enclosed space shall be usable solely for parking of vehicles,building access or storage.Owner(s)
that must be filed with the deed. Enclosures shall be subject to inspection at any time.
f. 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) plus one foot of all new and
substantially improved structures,and whether or not such structures contain a basement.The
chief building official shall maintain a record of all such information.
(6) New construction and substantial improvements. For all new construction and substantial
improvements constructed under subsections 42-92(1)—(3),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 must meet 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 not higher than one foot above grade.
c. Openings may be equipped with screens,louvers or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
(Code 1961,§9A-36;Ord. No. 20-30, §2(Exh.A), 3-31-2020)
Sec.42-93. Standards for areas of shallow flooding(AO/AH zones.)
Located within the areas of special flood hazards established in section 42-37 are areas designated as shallow
flooding.These areas have special flood hazards associated with base flood depths of one to three feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.
Therefore,the following provisions apply:
(1) All new construction and substantial improvements of residential structures have the lowest floor
(including basement)elevated at least one foot above the base flood elevation as specified on the
community's FIRM.
(2) All new construction and substantial improvements of nonresidential structures:
a. Have the lowest floor(including the basement)elevated at least one foot above the highest
adjacent grade or at least as high as the depth number specified in feet on the community's FIRM
plus one foot(at least three feet if no depth number is specified),whichever is higher;or
b. Together with attendant utility and sanitary facilities are designated so that below the base flood
level plus one foot,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.
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(3) A registered professional engineer or architect shall submit a certification to the chief building official
that the standards of this section,as proposed in subsection 42-63(a)(1)are satisfied.
(4) Require within zones AH and AO,adequate drainage paths around structures on slopes,to guide
floodwaters around and away from proposed structures.
(Code 1961, §9A-37;Ord. No.03-043,§§ 1,2,9-16-2003;Ord. No.20-30, §2(Exh.A),3-31-2020)
Editor's note(s)—Ord. No.03-043, § 1,adopted Sept. 16,2003, repealed§42-93(catchline) in its entirety and
enacted a new catchline to read as herein set out. Prior to amendment§42-93(catchline) pertained to
standards for areas of shallow flooding(A/AH zones).
Sec.42-94. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with sections 42-32-42-35.
(b) All proposals for the development of subdivisions shall meet development permit requirements of sections
42-38 and 42-63 and the provisions of division 3 of this article.
(c) Base flood elevation data shall be provided for subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or five acres,if not otherwise provided pursuant to section 42-37
or subsection 42-62(8).
(d) All subdivision proposals shall have public utilities and facilities such as sewer,gas,electrical and water
systems located and constructed to minimize or eliminate flood damage.
(e) All subdivision proposals,including manufactured home parks,shall have adequate drainage provided to
reduce exposure to flood hazards.
(Code 1961,§9A-38;Ord. No. 10-13, §4(exh. B),3-9-2010)
Cross reference(s)—Subdivisions, ch.98.
Secs. 42-95-42-130. Reserved.
ARTICLE III. HURRICANE FLOOD PROTECTION REGULATIONS
Sec.42-131.Trespass of flood protection system grounds.
No person shall trespass,enter or go upon the grounds or property of the hurricane flood protection system,
other than such part as may be designated and maintained as a public walkway or roadway,without authorization
from the public officials in charge of such system.
(Code 1961, §12A-1)
Sec.42-132. Defacing.
No person shall deface the hurricane protection system or any of its parts.The term "deface"shall include
writing,scratching,carving or discoloring with paint or any other article.
(Code 1961,§12A-2)
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Sec.42-133. Public drive.
(a) Designated.The roadway which forms a part of the hurricane protection system,from the junction with
Woodworth and Lakeshore Drive to its junction with Lakeshore Drive and Savannah Avenue,extended,is
designated as a public drive.
(b) Trucks. It shall be unlawful for any person to operate trucks over and across such drive.
(c) Hours operational.The drive shall be open for vehicular traffic from 8:00 a.m.to 5:00 p.m., Monday through
Friday.The drive shall be closed Saturday and Sunday.The city manager may establish one or more
schedules which designate additional hours and hours on Saturdays and Sundays that the drive shall be open
for vehicular traffic.A schedule shall be limited to a holiday season,or special city occasion or city event, not
to exceed 45 days.A schedule shall not be effective until the city manager gives a copy to the city council and
files the schedule with the city secretary.
(d) Use of areas.The 30-foot roadway shall be marked off to provide an eight-foot walk area adjacent to the
Sabine-Neches Canal with two vehicular lanes.The eight-foot lane adjacent to the walk area shall be for
vehicle parallel parking.The 14-foot lane on the north side of the roadway shall be for vehicular traffic,
eastbound only.
(e) Parking. It shall be unlawful for any person to park any automobile or any other vehicle on such drive except
in what is known as the parking zone,to be designated by suitable signs under order of the traffic engineer
and the captain of traffic of the city.
(f) Speed;passing. It shall be unlawful for any person to drive or operate any automobile or other vehicle,
whether propelled by motor or otherwise,over such drive at a speed in excess of 15 miles per hour. It shall
be unlawful for any vehicle to pass another moving vehicle proceeding along such drive in the traffic lane.
(g) Special use.The drive may be closed and utilized for special events upon written request of the city council
and their concurrence.
(Code 1961,§§12A-3-12A-9)
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P.O. NO.7344
06/20/2025-pdl
PAGE 5 OF 5
(CLEAN VERSION)
PART II-CODE OF ORDINANCES
Chapter 42 FLOODS
Chapter 42 FLOODS'
ARTICLE I. IN GENERAL
Secs. 42-1-42-30. Reserved.
ARTICLE II. FLOOD DAMAGE PREVENTION2
DIVISION 1. GENERALLY
Sec. 42-31. Statutory authorization.
The state legislature has in V.T.C.A.,Water Code§ 16.315,delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses.Therefore,the city council ordains the provisions of
this article.
(Code 1961,§9A-1)
Sec. 42-32. Finding 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.
(Code 1961, §9A-2)
'Cross reference(s)—Buildings, ch. 18; manufactured homes, mobile homes, recreational vehicles and parks,ch.
58;streets,sidewalks and other public places,ch. 94;subdivisions,ch.98; utilities,ch. 110;waterways, ch.
118;zoning,app.A.
2State law reference(s)—Authority of city to adopt regulations designed to minimize flood losses,V.T.C.A.,Water
Code§ 16.315.
Port Arthur,Texas,Code of Ordinances Created: 2025-05-15 12:20:16 [EST]
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Sec. 42-33. Statement of purpose.
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 flood-prone 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.
(Code 1961,§9A-3)
Sec. 42-34. Methods of reducing flood losses.
In order to accomplish its purpose,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;
(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.
(Code 1961, §9A-4)
Sec.42-35. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Appeal means a request for a review of the chief building official's interpretation of any provision of this
article or a request for a variance.
Area of shallow flooding means a designated AO,AH or V zone on a community's flood insurance rate map
(FIRM),with a one percent or greater 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.
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PP-
Area of special flood hazard means 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,AO,AH A1-99,V or VI-30.
Base flood means the flood having one percent chance of being equaled or exceeded in any given year.
Breakaway walls means a wall that is not part of the structural support of the building and which 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 or any buildings to which they might be carried
by floodwaters.
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 VI-30.
Critical facility means a structure or other improvement that,because of its function,size service area,or
uniqueness, has the potential to cause seriously bodily harm, extensive property damage,or disruption of vital
socioeconomic activities if it is destroyed or damaged or if its functionality is impaired.Critical facilities may
include health and safety facilities, utilities,government facilities, and hazardous materials facilities.
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.
Cumulative substantial improvements/damage means any structure wherein the cumulative costs of the
improvements or damage repairs when combined incrementally over a five-year period of time,equal or exceed
50 percent of the market value of the structure.When the cost of the work reaches 50 percent,the structure must
be brought into compliance with current ordinances and codes.
Development means any manmade change to improved or unimproved real estate including, but not limited
to, buildings or other structures, mining,dredging,filling,grading, paving,excavation or drilling operations.
Elevated building means a non-basement building built,in the case of a building in zones AI-30,AE,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 VI-V30,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 floor of the water and 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 Al-A30,AE,A,A99,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 floodwaters. In the case of zones VI-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 FIRM's effective
before that date. Existing construction may also be referred to as"existing structures".
Existing manufactured home park or subdivision means 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 the
community.
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Expansion to an existing manufactured home park or subdivision means 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 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 tide waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map(FIRM)means an official map of a community,on which the Federal Insurance
Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the
community.
Flood insurance study means the official report provided by the Federal Insurance Administration.The report
contains flood profiles,the water surface elevation of the base flood,as well as the flood hazard boundary
floodway map.
Flood opening means a non-engineered or engineered opening in foundation walls and walls of enclosures
that relieve hydrostatic loads to meet basic performance requirements to prevent flotation,collapse and lateral
movement due to flood forces. Non-engineered openings do not have moving parts and may be used to meet this
ordinance's prescriptive requirement for one square inch of net open area for every square foot of enclosed area.
Engineered openings may be used if designed and certified by a registered design professional as meeting certain
performance characteristics.
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.
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 one foot.
Freeboard is the term used to request an elevation above the highest point of right-of-way(road/bridges)
elevation that could impact the householder or business owner as well as the measure of one or two feet about
the written flood elevation required.The City of Port Arthur is requiring this due to recent years of heavy flooding
after droughts and hurricanes. In addition to consideration of increase in right-of-way construction,neighborhood
levees and a lack of culvert in many areas where ditches exist.
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.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
Increased cost of compliance(ICC)means coverage that provides payment of up to$30,000.00 to substantially
damaged properties to help cover the cost of mitigation activities that will reduce the risk of future flood damage
to a building if all of the following for the structure are met:
(1) The structure is covered by an insurance policy through the National Flood Insurance Program(NFIP);
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(2) The structure must have suffered flood damage on at least two occasions in a ten-year period ending
on the day of the second loss;
(3) The cost to repair the flood damage,on average,equals or exceeds 25 percent of the market value of
the building at the time of each of the two flood losses,or cumulatively total 50 percent of the pre-
flood market value(a value less than 50 percent for substantial damage does not qualify for ICC),as
defined by the local floodplain ordinance,and;
(4) In addition to the claim requesting ICC,the NFIP must have paid a previous qualifying claim.
LOMA also LOMC(letter of map amendment). This request of the flood administrator and FEMA shall be due
to inaccurate topography or fill added to the land, hence a reference to a LOMA-F. LOMC is also used as LOMA, but
is termed a letter of map change.
LOMA-F(letter of map amendment for fill land).This process of adding fill shall be done by applying to FEMA,
the BFE(base floor elevation shall be attained).The soil shall be tested and analysis presented if the city is
skeptical, but the ultimate responsibility of obtaining clean-fill belongs to the person buying and the property
owner using said "fill" (F).
LOMR(letter of map revision)shall have technical or scientific data to support a reduced risk of flooding,due
to channel modification, bridge,culvert, and/or levee(floodwall)changes.These changes often infer not only a
reduced risk of flooding but at times that the structure is removed from such a risk.
Levee means a manmade 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 levees,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 the 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 requirements of this article.
Mangrove stand means an assemblage of mangrove trees which are mostly low trees noted for a copious
development of interlacing adventitious roots above the ground and which contain one or more of the following
species: Black mangrove(Avicennia nitida);red mangrove(Rhizophora mangle);white mangrove(Languncularia
racemosa);and buttonwood (Conocarpus erecta).
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 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.
Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided into two or
more manufactured home lots for rent or sale.
Mean higher high tide means the average high tide reached over a period of a lunar cycle, roughly a period of
19 years.
Mean sea level means the average height of the sea for all stages of the tide.
New manufactured home park or subdivision means 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
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concrete pads)is completed on or after the effective date of floodplain management regulations adopted by the
community.
Repetitive loss means a building covered by a contract for flood insurance that has incurred flood-related
damages on two occasions during a 10-year period ending on the date of the event for which a second claim is
made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the
market value of the building at the time of each such flood event.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of a beach.
Start of construction(for other than new construction of 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 that 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 stab 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 street and/or walkways; nor does it include excavation for a 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 that is principally above ground,as well as a manufactured
home.
Substantial improvement means any repair, reconstruction or improvement of a structure (including
repetitive loss structures),the cost of which equals or exceeds 50 percent of the market value of the structure
either before the improvement or repair is started,if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition substantial improvement is considered to occur
when the first alteration of any wall,ceiling,floor or other structural part of the building commences,whether or
not that alteration affects the external dimensions of the structure.The terms 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.
Texas Open Beaches Act means the statute,enacted by the state legislature in 1959,which prohibits
encroachment by private owners on the area seaward of the line of vegetation in the areas fronting on the Gulf of
Mexico.
Variance means 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.
Violation means 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 the article is presumed to be in violation until such time
as that 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 floodplains of
coastal and ravine areas.
(Code 1961, §9A-5;Ord. No. 10-13, § 1(exh. B),3-9-2010;Ord. No.20-30,§2(Exh.A),3-31-2020)
Cross reference(s)—Definitions generally,§1-2.
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f
Sec. 42-36. Lands to which this article applies.
This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
(Code 1961, §9A-6)
Sec. 42-37. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled,"The Flood Insurance Study for the City of Port Arthur,Texas,"dated April 17, 1984,
with accompanying flood insurance rate maps and flood hazard boundary floodway maps,and any revision
thereto, or best available data,if available, are adopted by reference and declared to be a part of this article.
(Code 1961, §9A-7;Ord. No. 20-30, §2(Exh.A), 3-31-2020)
Sec.42-38. Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this article.
(Code 1961, §9A-8)
Sec. 42-39. Compliance.
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.
(Code 1961, §9A-9)
Sec.42-40. Abrogation and greater restrictions.
This article is not intended to repeal,abrogate or impair any existing easements,covenants or deed
restrictions. However,where this article and another ordinance conflict or overlap,whichever imposes the more
stringent restrictions shall prevail.
(Code 1961, §9A-10)
Sec. 42-41. Interpretation.
In the interpretation and application of this article,all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally constructed in favor of the governing body;
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Code 1961, §9A-11)
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Sec. 42-42. Warning and disclaimer of liability.
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 manmade 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 city,or any of its officers or employees,for any flood damages that
result from reliance on this article or any administrative decision lawfully made under this article.
(Code 1961,§9A-12)
Secs.42-43-42-60. Reserved.
DIVISION 2. ADMINISTRATIONS
Sec. 42-61. Designation of chief building official.
The chief building official is appointed to administer and implement the provisions of this article.
(Code 1961, §9A-21)
Sec. 42-62. Duties and responsibilities of the chief building official.
Duties and responsibilities of the chief building official shall include,but not be limited to:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this article.
(2) Review the permit application 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 article.
(4) Review permits for proposed development to ensure 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 USC 1334)for which prior approval is required.
(5) Where interpretation is needed to the exact location of the boundaries of the areas of special flood
hazards(for example,where there appears to be a conflict between a mapped boundary and actual
field conditions)the chief building official shall make the necessary interpretation.The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in subsection 42-64(b).
(6) Notify, in riverine situations,adjacent communities and the state coordinating agency which is the
Texas Water Commission,prior to any alteration or relocation of a watercourse,and submit evidence
of such notification to the Federal Insurance Administration.
(7) Ensure that maintenance is provided within the altered or relocated portion of the watercourse so that
the flood-carrying capacity is not diminished.
3Cross reference(s)—Administration,ch.2;buildings,ch. 18.
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(8) When base flood elevation data has not been provided in accordance with section 42-37,the chief
building official shall obtain,review and reasonably utilize any base flood elevation data available from
a federal,state or other source,in order to administer the provision of division 3 of this article.
(9) When a regulatory floodway has not been designated,the chief building official 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) A LOMR-F shall be obtained prior to doing fill work.The source of"fill"shall be known by the property
owner and or buyer as either party bares the sole responsibility for the accuracy of this information.
(Code 1961, §9A-22;Ord. No. 10-13, §2(exh. B),3-9-2010)
Sec. 42-63. Permit procedures.
(a) Application for a development permit shall be presented to the chief building official on forms furnished by
him 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:
(1) Elevation in relation to mean sea level, of the lowest floor(including the basement)of all new or
substantially improved structures that shall be one foot above the required elevation requested
(freeboard).This was requested by our local FEMA representatives at the Texas Water Development
Board,due to all the storm events and erosion that naturally ensued;an engineer shall substantiate
this fact to the building official.
(2) Elevation in relation to mean sea level,to which any nonresidential as well as residential structure shall
be floodproofed one foot above the required elevation;hence,the MMF(minimum finished floor)shall
be revealed in contrast to mean sea level or base floor elevation (BFE).
(3) A certificate from a registered surveyor, registered/licensed professional engineer,or
registered/licensed architect that the nonresidential or residential floodproofed structure shall meet
the floodproofing criteria in subsection 42-92(2).
(4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a
result of proposed development.
(5) Maintain a record of all such information in accordance with subsection 42-62(1).
(b) Approval or denial of a development permit by the chief building official shall be based on all of the
provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage.
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
(3) The danger that materials may be swept onto other lands to the injury of others.
(4) The compatibility of the proposed use with existing and anticipated development.
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles.
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(6) The costs of providing governmental services during and after flood conditions, including maintenance
or repair of streets and bridges,and public utilities and facilities such as sewer,gas,electrical and water
systems.
(7) The expected heights,velocity,duration,rate of rise and sediment transport of the floodwaters and
the effects of wave action, if applicable,expected at the site.
(8) The necessity to the facility of waterfront locations,where applicable.
(9) The availability of alternative locations not subject to flooding or erosion damage,for the proposed
use.
(10) The relationship of the proposed use to determination that the variance is the comprehensive plan for
that area.
(Code 1961, §9A-23;Ord. No. 10-13, §3(exhs. B,C),3-9-2010)
Sec. 42-64. Variances procedures.
(a) The zoning board of adjustment,as established by the city,shall hear and render judgment on requests for
variances from the requirements of this article.
(b) The zoning board of adjustment shall hear and render judgment on an appeal only when it is alleged there is
an error in any requirement,decision,or determination made by the chief building official in the
enforcement or administration of this article.
(c) Any person aggrieved by the decision of the zoning board of adjustment may appeal such decisions in the
courts of competent jurisdiction.
(d) The chief building official shall maintain 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 article.
(f) Upon consideration of the factors noted in previous sections and the intent of this article,the zoning board
of adjustment,or in their absence,the city council,shall see to the conformity of this article.All other
reasons shall be observed as a hardship and not one created by the owner to prohibit obeying the revised
ordinance.Variances as is deemed necessary to further the purpose and objectives of this article(sections
42-33,42-34).
(g) Variances may be issued by a community for new construction and substantial improvements and for other
dependent use, provided that:
(1) The criteria of subsections(a)—(g)of this section 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.
(Code 1961, §9A-24;Ord. No. 10-13,§5(exhs. B, D),3-9-2010)
Secs.42-65-42-90. Reserved.
DIVISION 3. FLOOD HAZARD REDUCTION
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Sec. 42-91. 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 and 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 f►ood damage.
(3) All new construction or substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
(5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharges from the systems into floodwaters.
(6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
(7) Electrical, heating,ventilation, plumbing, and air conditioning equipment and other service facilities
shall be designed and/or located at least one foot above the base flood elevation so as to prevent water
from entering or accumulating within the components during conditions of flooding.
(8) Enclosures below the base flood elevation are usable solely for parking of vehicles,building
access,or storage.A structure shall be deemed to be substantially improved or substantially
damaged when the cumulative costs of the improvements or damage repairs,when combined
incrementally over a five-year period of time,equal or exceed 50 percent of the market value
of the structure.
(Code 1961,§9A-35;Ord. No.20-30, §2(Exh.A),3-31-2020)
Sec.42-92. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 42-
37,subsection 42-62(8)or subsection 42-94(e),the following provisions are required:
(1) Residential construction. New construction or substantial improvement of any residential structure
shall have the lowest floor, including the basement and all attendant facilities,elevated to at least one
foot above the base flood elevation.A registered professional engineer,architect,or land surveyor
shall submit a certification to the chief building official that the standard of the subsection, as
proposed in subsection 42-63(a)(1), is satisfied.
(2) Nonresidential construction. New construction or substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including the basement
and all attendant facilities,_elevated to at least one foot above the base flood elevation or,together
with attendant utility and sanitary facilities, be floodproofed so that below the base flood level plus
one foot,the structure is watertight with walls substantially impermeable to the passage of water and
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with structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.Where a nonresidential structure is intended to be made watertight below the
base flood level plus one foot:
a. 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 the accepted standards of practice for meeting the
applicable provisions of this section;and
b. A record of such certifications as required under subsection 42-63(a),which includes the specific
elevation (in relation to mean sea level)to which such structures are floodproofed,shall be
maintained with the chief building official.
(3) Manufactured homes.All manufactured homes to be placed or substantially improved within zones Al-
30,AH,or AE that are placed or substantially improved shall be(i)outside of a manufactured home
park or subdivision;(ii)in a new manufactured home park or subdivision; (iii)in an expansion to an
existing manufactured home park or subdivision;or(iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial damage"as a result of a flood
shall be installed using methods and practices that minimize flood damage;and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one foot above
the base flood elevation in accordance with the following:
a. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the
manufactured home will be at least one foot above the base flood level.A registered professional
engineer,architect, or land surveyor shall submit a certification to the chief building official that
the standard of this subsection complies with subsection 42-92(1).
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than one foot above base flood elevation or thirty-six
(36)inches in height above adjacent existing natural grade,whichever is higher.
b. Adequate surface drainage and access for a hauler are provided.
c. In the instance of elevation on pilings,lots are large enough to permit steps, piling foundations
are placed in stable soil no more than ten feet apart,and reinforcement is provided for pilings
more than six feet above the ground level.
d. All manufactured homes shall be securely anchored to resist flotation,collapse,or
lateral movement.Specific requirements shall be:
1. Over-the-top ties at each of the four corners of the manufactured home,with two
additional ties per side at intermediate locations,and manufactured homes less than
50 feet long requiring one additional tie per side.
2. Frame ties at each corner of the home with five additional ties per side at intermediate
points and manufactured homes less than 50 feet long requiring four additional ties per
side;
3. All components of the anchoring system are capable of carrying a force of 4,800 pounds;
4. Any additions to the manufactured home are similarly anchored.
(4) Floodways. Located within areas of special flood hazard established in section 42-37 are areas
designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of
floodwaters,which carry debris, potential projectiles,and erosion potential,the following
provisions shall apply:
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a. Encroachments are prohibited, including fill, new construction,substantial improvements and
other developments unless certification by a professional registered engineer or architect is
provided demonstrating that encroachments shall not result in any increase in flood levels during
occurrence of the base flood discharge.
b. If subsection(4)a.of this section is satisfied,all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of division 3 of this article.
(5) Coastal high hazard areas(V zones). Located within the areas of special flood hazard established in
section 42-37,are areas designated as coastal high hazard areas.These areas have special flood
hazards associated with high velocity waters from tidal surge and hurricane wave wash.Therefore, in
addition to meeting all provisions outlined in this article,the following provisions shall apply:
a. Specified.
1. All buildings and structures within an area to which the Texas Open Beaches Act applies
shall be located at or above the line of vegetation,or at least 300 feet from mean low tide
where there is no visible line of vegetation;
2. In areas which are not subject to provisions of the Texas Open Beaches Act,all buildings
and structures shall be located landward of the reach of the mean higher tide.
b. All new construction and substantial improvements in zones V and V1-30, if base flood elevation
data are available on the community's FIRM,are elevated on pilings and columns so that:
1. The bottom of the lowest floor(excluding the pilings or columns)is elevated to at least one
foot above the base level.
2. 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 equaled or exceeded in any given year(100-year mean
recurrence interval).
3. 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(5)b.1. and (5)b.2.of this section.
c. There shall be no fill used as structural support.
d. There shall be no alteration of sand dunes or mangrove stands which would increase potential
flood damage.
e. All new construction and substantial improvements,within zones V1-30,VE and V on the
community's FIRM,shall have the space below the lowest floor either free of obstruction or
constructed with non-supporting breakaway walls,open wood latticework, 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 ten and no 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:
1. Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood;and
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2. 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 equaled or exceeded in any given year(100-year mean
recurrence interval).
f. 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)plus one foot of all new and
substantially improved structures,and whether or not such structures contain a basement.The
chief building official shall maintain a record of all such information.
(6) New construction and substantial improvements. For all new construction and substantial
improvements constructed under subsections 42-92(1)—(3),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 must meet 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 not higher than one foot above grade.
c. Openings may be equipped with screens,louvers or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
(Code 1961, §9A-36;Ord. No.20-30,§2(Exh.A),3-31-2020)
Sec.42-93. Standards for areas of shallow flooding(AO/AH zones.)
Located within the areas of special flood hazards established in section 42-37 are areas designated as shallow
flooding.These areas have special flood hazards associated with base flood depths of one to three feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.
Therefore,the following provisions apply:
(1) All new construction and substantial improvements of residential structures have the lowest floor
(including basement)elevated at least one foot above the base flood elevation as specified on the
community's FIRM.
(2) All new construction and substantial improvements of nonresidential structures:
a. Have the lowest floor(including the basement)elevated at least one foot above the highest
adjacent grade or at least as high as the depth number specified in feet on the community's FIRM
plus one foot(at least three feet if no depth number is specified),whichever is higher;or
b. Together with attendant utility and sanitary facilities are designated so that below the base flood
level plus one foot,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.
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(3) A registered professional engineer or architect shall submit a certification to the chief building official
that the standards of this section,as proposed in subsection 42-63(a)(1)are satisfied.
(4) Require within zones AH and AO,adequate drainage paths around structures on slopes,to guide
floodwaters around and away from proposed structures.
(Code 1961, §9A-37;Ord. No.03-043, §§ 1,2,9-16-2003;Ord. No.20-30, §2(Exh.A),3-31-2020)
Editor's note(s)—Ord. No.03-043, § 1,adopted Sept. 16,2003, repealed§42-93(catchline) in its entirety and
enacted a new catchline to read as herein set out. Prior to amendment §42-93(catchline) pertained to
standards for areas of shallow flooding(A/AH zones).
Sec.42-94. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with sections 42-32-42-35.
(b) All proposals for the development of subdivisions shall meet development permit requirements of sections
42-38 and 42-63 and the provisions of division 3 of this article.
(c) Base flood elevation data shall be provided for subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or five acres, if not otherwise provided pursuant to section 42-37
or subsection 42-62(8).
(d) All subdivision proposals shall have public utilities and facilities such as sewer,gas,electrical and water
systems located and constructed to minimize or eliminate flood damage.
(e) All subdivision proposals,including manufactured home parks,shall have adequate drainage provided to
reduce exposure to flood hazards.
(Code 1961,§9A-38;Ord.No. 10-13,§4(exh. B),3-9-2010)
Cross reference(s)—Subdivisions,ch.98.
Secs.42-95-42-130. Reserved.
ARTICLE III. HURRICANE FLOOD PROTECTION REGULATIONS
Sec. 42-131.Trespass of flood protection system grounds.
No person shall trespass,enter or go upon the grounds or property of the hurricane flood protection system,
other than such part as may be designated and maintained as a public walkway or roadway,without authorization
from the public officials in charge of such system.
(Code 1961, §12A-1)
Sec. 42-132. Defacing.
No person shall deface the hurricane protection system or any of its parts.The term"deface"shall include
writing,scratching, carving or discoloring with paint or any other article.
(Code 1961,§12A-2)
Created: 2025-05-15 12:20:15 [EST]
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Sec. 42-133. Public drive.
(a) Designated.The roadway which forms a part of the hurricane protection system,from the junction with
Woodworth and Lakeshore Drive to its junction with Lakeshore Drive and Savannah Avenue,extended, is
designated as a public drive.
(b) Trucks. It shall be unlawful for any person to operate trucks over and across such drive.
(c) Hours operational. The drive shall be open for vehicular traffic from 8:00 a.m.to 5:00 p.m., Monday through
Friday.The drive shall be closed Saturday and Sunday.The city manager may establish one or more
schedules which designate additional hours and hours on Saturdays and Sundays that the drive shall be open
for vehicular traffic.A schedule shall be limited to a holiday season,or special city occasion or city event, not
to exceed 45 days.A schedule shall not be effective until the city manager gives a copy to the city council and
files the schedule with the city secretary.
(d) Use of areas. The 30-foot roadway shall be marked off to provide an eight-foot walk area adjacent to the
Sabine-Neches Canal with two vehicular lanes.The eight-foot lane adjacent to the walk area shall be for
vehicle parallel parking.The 14-foot lane on the north side of the roadway shall be for vehicular traffic,
eastbound only.
(e) Parking. It shall be unlawful for any person to park any automobile or any other vehicle on such drive except
in what is known as the parking zone,to be designated by suitable signs under order of the traffic engineer
and the captain of traffic of the city.
(f) Speed;passing. It shall be unlawful for any person to drive or operate any automobile or other vehicle,
whether propelled by motor or otherwise,over such drive at a speed in excess of 15 miles per hour. It shall
be unlawful for any vehicle to pass another moving vehicle proceeding along such drive in the traffic lane.
(g) Special use.The drive may be closed and utilized for special events upon written request of the city council
and their concurrence.
(Code 1961,§§12A-3-12A-9)
Created: 2025-05-15 12:20:15 [EST]
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