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~ . v .' ORDINANCE NO. .. 910 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 10.5, AND TO BE ENTITLED "FLOOD HAZARD AREA REGULATIONS"; CONTAINING DEFINITIONS; SPECIFICALLY INCLUDING PROVISIONS RESTRICTING CONSTRUCTION IN FLOOD HAZARD AREAS; ESTABLISHING THE LA PORTE PLANNING AND ZONING COMMISSION AS THE AUTHORITY TO ESTABLISH AND PROMULGATE RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAPORTE: Section 1. The Code of Ordinances of the City of La Porte, Texas, is hereby amende4 by adding a new chapter to be numbered thapter 10.5, and to be entitled "Flood Hazard Area Regulations," ~. and to contain sections which shall read as follows: Section 10~-1. Definitions. (a) Floodproofing. The term "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. (b) Flood hazard area. The term "Flood hazard area" shall mean that area below the elevation of the 100-year flood. (c) Person. The term "Person" includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof. ,'. (d) 100-Year Flood. The term "lOO-Year Flood" means a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of every 100 years; the term also means that level of flooding having a one percent (1%) probability of occurrence each year. ." (e) Substantial improvement. The term "Substantial improvementh means any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent' of the fair market value of the property either (a) before the improvement is started, or (b) if the property has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. Section 1~5-2. Flood Hazard Area Regulations. (1) In flood hazard areas where the elevation of the lOO-year flood has been established, the following shall apply: ~-,. . ' (a) Proposed permanent structures within the flood hazard areas shall be required to have first floor elevations at or above the level of the 100-year flood. Exceptions may be granted by the Planning and Zoning Commission only for nonresidential structures which, together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100-year flood.