Zoneomics Logo
search icon

Early City Zoning Code

ARTICLE 5

ENVIRONMENTAL MANAGEMENT

Sec. 5-1-1, Findings of Fact

  • Periodic Inundation. 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.
  • Obstructions in the Floodplain. 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.

    • Effective on: 6/22/2021

    Sec. 5-1-2, Purposes and Application

  • Purpose. It is the purpose of this Article the promotion of public health, safety, and general welfare by minimizing public and private losses due to flood conditions in specific areas by provisions designed to:
    1. Protect human life; 
    2. Ensure that potential buyers are notified that property is in a flood area;
    3. 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;
    4. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone lines, sewer lines, streets and bridges located in floodplains;
    5. Minimize prolonged business interruptions;
    6. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and
    7. Minimize expenditure of public money for costly flood control projects.
  • Application. 
    1. Interpretation. In the interpretation and application of this Article, all provisions shall be:
      1. Considered as minimum requirements;
      2. Liberally construed in favor of the governing body; and
      3. Deemed neither to limit nor repeal any other powers granted under Texas statutes.
    2. Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
    3. Warning and Disclaimer or Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Chapter 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 Chapter shall not create liability on the part of the City or any official or employee thereof for any flood damage that results from reliance on this Chapter or any administrative decision lawfully made in reliance with this Article.
    4. 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 City ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

    • Effective on: 6/22/2021

    Sec. 5-1-3, Methods of Reducing Flood Losses

    In order to accomplish the purposes of this Article as stated in Sec. 5-1-2.A, Purpose, this UDC uses the following methods:

    1. Dangerous Uses. 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. Vulnerable Uses. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
    3. Alteration of Floodplains. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.
    4. Development Activities. Control filling, grading, dredging and other development which may increase flood damage.
    5. Flood Barriers. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

    Effective on: 6/22/2021

    Sec. 5-1-4, Land Not to Be Subdivided

  • Unsuitable Land. Land which the City Council has found to be unsuitable for subdivision due to flooding, bad drainage, and other features likely to be harmful to the safety, welfare, and general health of future residents and which the City Council considers inappropriate for subdivision shall not be subdivided unless adequate methods for correcting the same are formulated by the developer and approved by the City Council.
  • Land within Flood Hazard Zone. Land lying partially within the flood hazard zone as determined by the National Flood Insurance Program or by any governmental agency charged with the responsibility of identifying flood prone areas shall be so subdivided that no lot or portion of the lot will lie within the area designated as "flood hazard zone" or below the "base flood elevation."
  • Floodplain or Drainage Way. No land use, improvements or alteration of ground levels shall be permitted within a floodplain or drainage way unless the subdivider has demonstrated that the same when combined with all other existing and anticipated uses will not increase the water surface elevation of the one-hundred-year flood more than one foot at any point.

    • Effective on: 6/22/2021

    Sec. 5-2-1, Establishment of Floodplain Requirements

  • Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Brown County, Texas and Incorporated Areas," dated August 28, 2018, with accompanying Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM), Community Number 480088, dated August 28, 2018, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
  • Increase to Base Flood Elevation. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface of the Base Flood Elevation (BFE) by more than one foot, provided that the community first completes all of the provisions required by Section 65.12.
  • Floodplains. Where this Section requires a subdivision to make any drainage improvements in or adjacent to a floodplain to provide for the ultimate BFE, the subdivider may, in-lieu of making the required improvements, restrict development in the area subject to flooding because of the failure to provide for the drainage improvements. In such cases, the area to be left undeveloped shall be dedicated to the public as a drainage or conservation easement on the final plat.
    1. Floodplain Restrictions. The Planning and Zoning Commission (P&Z) shall, when it deems necessary for the health, safety, or welfare of an area and necessary for conservation of water, drainage, and sanitary facilities, or where expressly prohibited by this UDC prohibit development of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from all destruction or damage resulting from clearing, grading, or dumping of earth, waste or material, or stumps, except at the discretion of the P&Z.
    2. Creek Restrictions. Major creeks shall remain in open natural condition. The subdivider may channelize smaller creeks or drainage-ways upon approval by the Administrator provided they meet the criteria of the Master Drainage Plan and the City’s Engineering Design Manual. When a creek or excavated channel is to remain open, or in its natural state, the subdivider shall dedicate a drainage or conservation easement to the City.
  • Floodways and Improvements.
    1. Floodways Serving Large Drainage Areas. Generally, floodways serving drainage areas larger than one square mile in area and that are still functioning primarily in a natural and adequate state shall not be altered to provide for the drainage needs of a subdivision, unless there is no other reasonable means or method to provide for such drainage.
    2. Clearing. As part of the required improvements, debris, small brush, vines and other obstructions may be cleared for that portion of any channel located within or on the perimeter of the subdivision, as directed by or upon approval of the Administrator, prior to the connection of any utilities. The Administrator may require the subdivider to provide clearing of off-site floodways to the extent necessary to adequately receive or convey stormwater runoff from the subdivision, based on the roughness coefficient during the design process for the final plat.
  • Floodway Not Designated.
    1. General Requirement. When a floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM.
    2. Exception to General Requirement. If it can be 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 then the general requirement as stated in subsection C1, above, shall be no longer be applicable.
  • Floodplain Development Permit. A floodplain development permit shall be required to ensure conformance with the permit requirement of Sec. 8-3-6, Floodplain Development.

    • Effective on: 6/22/2021

    Sec. 5-2-2, Specific Standards

    In all areas of special flood hazards where Base Flood Elevation (BFE) data has been provided as set forth in Sec. 5-2-1.A, Basis for Establishing the Areas of Special Flood Hazard or Sec. 5-2-3.C, Base Flood Elevation Data, the following provisions are required for the types of construction as defined below.

    1. All New Construction and Substantial Improvements. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
      1. Anchoring. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
      2. Flood Damage Minimization.  All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
      3. Materials.  All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
      4. Electrical, Mechanical, and Plumbing Systems.  All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
      5. Water Supply.  All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
      6. Wastewater.  New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.
      7. On-Site Systems.  On-site waste disposal systems shall be located to avoid impairment or contamination as a result of flooding.
    2. Residential Construction. New construction and substantial improvement of any residential structure other than a manufactured home shall have the lowest floor (including basement), elevated to or above the Base Flood Elevation (BFE). A licensed professional engineer, architect, or registered professional land surveyor shall submit a certification to the Floodplain Administrator verifying that the standard of this Subsection is satisfied.
    3. Non-Residential Construction. 
      1. Required Standard. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the BFE or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      2. Professional Review. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Administrator.
    4. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
      1. Openings on Walls. A minimum of two openings on separate walls 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.
      2. Bottom of Openings. The bottom of all openings shall be no higher than one foot above grade.
      3. Coverings or Devices. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
    5. Manufactured Homes.
      1. Zone A. All manufactured homes placed within Zone A on a community's FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
      2. Zones A1-30, AH, and AE.  Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites outside of a manufactured home park, in a new manufactured home park, in an expansion to an existing manufactured home park; or in an existing manufactured home park on which a manufactured home has incurred "substantial damage" as a result of a flood shall be:
        1. Elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the BFE; and
        2. Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      3. Other Manufactured Homes. Manufactured homes shall be placed or substantially improved on sites in an existing manufactured home park with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of this Section and shall be elevated so that either:
        1. The lowest floor of the manufactured home is at or above the BFE, or
        2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
    6. Recreational Vehicles.
      1. Standards. Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM shall either:
        1. Be on the site for fewer than 180 consecutive days;
        2. Be fully licensed and ready for highway use; or
        3. Meet the permit requirements of Sec. 8-3-6, Floodplain Development, and the elevation and anchoring requirements for manufactured homes in Subsection E, Manufactured Homes, of this section.
      2. Highway Use. A recreational vehicle is ready for highway use if it:
        1. Is on its wheels or jacking system;
        2. Is attached to the site only by quick disconnect type utilities and security devices; and
        3. Has no permanently attached additions.

    Effective on: 6/22/2021

    Sec. 5-2-3, Standards for Subdivision Proposals

  • Applicable Provisions. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with ARTICLE 4, Subdivision Standards.
  • Permit. All proposals shall meet floodplain development permit requirements this Division and Sec. 8-3-6, Floodplain Development.
  • Base Flood Elevation Data. BFE data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or five acres.
  • Adequate Drainage. All subdivision proposals and the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
  • Public Facilities. All subdivision proposals and the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

    • Effective on: 6/22/2021

    Sec. 5-2-4, Standards for Areas of Shallow Flooding (AO/AH Zones)

    Located within the areas of special flood hazard established in Sec. 5-2-1.A, Basis for Establishing the Areas of Special Flood Hazard are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths 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; therefore, the following provisions apply:

    1. Drainage Paths. Require within Zones AH or AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
    2. Certification. A registered professional engineer or architect shall submit a certification to the Administrator that the standards of this section, as established in Sec. 8-3-6, Floodplain Development, are satisfied.
    3. Non-Residential. All new construction and substantial improvements of non-residential structures shall:
      1. Elevation. Have the lowest floor (including basement) elevated to or above the BFE or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or
      2. Watertight. Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO zone, or below the BFE in an AH zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
    4. Residential. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the BFE or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

    Effective on: 6/22/2021

    Sec. 5-2-5, Development in the Floodway

    Located within areas of special flood hazard established in Sec. 5-2-1.A, Basis for Establishing the Areas of Special Flood Hazard, 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:

    1. Increase in Base Flood Elevations. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
    2. Encroachments. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
    3. Permitted Encroachments. If subsections A and B above are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article.

    Effective on: 6/22/2021