O-1987-1533-A - actual date passed 10/28/1996

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e . ORDINANCE NO. 1533-A AN ORDINANCE REPLACING CHAPTER 10 % OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY AUTHORIZATION FOR SAID CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH SAID LANDS WERE DETERMINED; PROVIDING FOR A FLOOD PLAIN DEVELOPMENT PERMIT; PROVIDING THAT NO STRUCTURE OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR THE DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF LA PORTE, TO ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES; PROVIDING FOR A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING STANDARDS FOR DEVELOPMENT PROPOSALS WITH THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Legislature of the State of Texas has in Article 8280-13, V.T.C.S., as amended, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses; and WHEREAS, flood hazard areas of the City of La Porte 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; and WHEREAS, these flood losses are created by the cumulative effect of obstructions in flood plains 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, flood proofed, or otherwise protected from flood damage; and WHEREAS, the City Council of the City of La Porte deems it necessary in order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provision designed: