HomeMy WebLinkAboutO-1986-1452
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ORDINANCE NO. l452
AN ORDINANCE AMENDING CHAPl'ER 10 1/2, ENTITLED "FUX>D DAMAGE PREVENTION ORDINANCE":
MAKING FINDINGS OF FACT AND RECITING STATU'IDRY AU'IHORIZATICN FOR SAID CHAPl'ER
10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME: PROVIDING CERl'AIN DEFINI-
TIONS: EsrABLISHING ':mE lAND WITHIN THE CITY OF LA PORl'E TO WHICH THIS ORDINANCE
APPLIES, AND THE BASIS FOR \tiICH SAID lANDS WERE DErr'ERMINED: PROVIDING FOR A
FLOOD PIAIN BUIIDING PERMIT: PROVIDING THAT NO STRUC'lURE OR LAND SHALL BE LOCATED,
ALTERED, OR HAVE ITS USE CHANGED WITHOUI' FULL COMPLIANCE WITH THIS ORDINANCE:
PROVID~ FOR THE DESIGNATION OF A FUX>D PIAIN AIMINISTRATOR FOR THE CITY OF LA
PORrE, TO AD!IINISTER THIS ORDINANCE AND PERMIT PROCEDURES: PROVIDING FOR A VARIANCE
PROCEDURE, TO BE ADrrNISTERED BY THE PIANNING AND .ZONING COMMISSION OF THE CITY OF
LA PORrE: PROVIDING GENERAL AND SPECIFIC srANDARDS'FOR FUX>D PIAIN HAZARD REIXJcrION,
AND srANDARDS FOR AREAS OF ~ FUX>DING: PROVIDING STANDARDS FOR DEVELOPMENl'
PROPOSALS WITHIN THE CITY OF LA PORI'E: FINDING" CoMPLIANCE WITH THE OPEN MEETINGS
LAW: PROVIDING A SEVERABILITY CIAUSE: PROVIDINQ A PENAL CIAUSE: AND PROVIDING AN
EFFECI'IVE 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
irnmdation which results in loss of life and property, health and safety hazards,
disruption of ccmnerce and governmental services, and extraordinary public expendi-
tures 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 ob..
structions in flood plains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazards areas by uses vulnerable to floods and hazar-
deus to other lands because they are inadequately elevated, floodproofed, or other-
wise protected fran flood danage: and
WHEREAS, the City Council of the City of La Porte deems it necessaxy in
order to pratOte the public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provision
designed to:
To protect hmnan life and health:
To minimize expenditure of public noney for costly flood control
projects:
To ndnimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public:
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ARI'ICLE 1
Section A
Section B
Section C
Section D
ARI'ICLE 2
ARI'ICLE 3
Section A
Section B
Section C
Section D
Section E
Secticn F
Section G
ARl'ICLE 4
Section A
Section B
Section C
Secticn D
ARI'ICLES 5
Section A
Section B
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3.
Section C.
Secticn D.
Section E.
Section F.
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MASTER
FUX>D HAZARD PREVENTION ORDINANCE
OUTLINE
srATUTORY AlJI'HORIZATION, FINDING OF FACT, PURPOSE
.AND OBJECI'I'VE.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory Authorization.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finding Of Fact.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State:nent Of PuI"pose.........................................
Methods Of Reducing Flood Losses.............................
DefinitiOIlS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · .
~ PROV'ISIONS...........................................
Lands To WhiCh This Ordinance Applies........................
Basis For Establishing The Areas Of Special Flood Hazard.. . . .
Establishment Of Development Permit..........................
CarplianCJe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abrogation And Greater Restrictions..........................
Intezpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Warning And Disclaimer of Liability..........................
AD1INIsrRl\TlOO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Designation Of Flood Plain Administrator.....................
Duties And Responsibilities of the Flood Plain Administrator.
Pennit Prcx::edures............................................
Variances Prcx:e:dures.........................................
PROVISIONS FOR FLOOD HAZARD REDUCTION........................
General Standards............................................
S,pecific Stran.d.ards..........................................
Residential Construction.....................................
Non-Residential Construction.................................
Mobile Hares.................................................
Standards For Subdivision Proposals..........................
Standards For Areas of Shallcw Flooding (A) /AH Zones.........
Flex>Cl.\e.la.ys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CCB.Stal Higll. Hazard ~eas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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To minimize prolonged business interruptions:
To minimize damage to p.lblic facilities and utilities such as water and gas
nains, electric, telephone and sewer lines, streets and bridges located in
flood plains:
To help naintain a stable tax base by providing for the sound use and de-
velopnent of flood-prone areas in such a rranner as to minimize future flood
blight areas: and
To insure that potential buyers are notified that prq>erty is in a flood
area: and
WHEREAS, in order to accatplish its purposes, the City Council of the City of
La Porte deens an Ordinance necessa:ry Which uses the folla.ring methods:
Restrict or prchibit uses that are dangerous to health, safety or prq>erty
in times of flood, or cause excessive increase in flood heights or
velocities:
Require that uses wlnerable to floods, including facilities Which
serve as such uses, be protected against flood damage at the time of
initial construction:
Control the alteration of natural flood plains, stream channels, and
natural protective barriers, Which are involved in the accamcdation of
flood waters;
Control filling, grading, dredging and other developnent whiCh may in-
crease flood damage:
Prevent or regulate the construction of flood barriers whiCh will un-
naturally divert flood waters of WhiCh nay increase flood hazards to
other lands.
NOW, 'l'HEREFORE, BE IT ORDAINED BY THE CITY <DUNCIL OF THE CITY OF LA PORI'E:
SECI'ION l. CHAPrER 10 1/2, ENTITLED "FlOOD DAMAGE PREVENTION ORDINANCE" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORl'E, IS HEREBY AMENDED
'ro READ AS FOLLCM'S, TO-WIT:
ARI'ICLE 1. STATUI'ORY AUTHORIZATION FINDINGS OF FACr, PURPOSE, AND MEl'HOD
The Legislature of the State of Texas has in Article 8280-13, V. T. C. S.,
delegated the responsibility to local governmental units to adept regulations
designed to minimize flood losses. Therefore, the City of La Porte, Harris County,
Texas, does ordain as follOrls:
SECI'ION B. FINDINGS OF FACT
(l) The flood hazard areas of La Porte are subject to periodic inundation whiCh
results in loss of life and property, health and safety hazards, disruption of can-
merce and govermnental services, and extraordina:ry public expenditures for flood
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protection and relief, all of Which adversely affect the public health, safety and
general welfare.
(2) These flood losses are created by the curm.llative 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 wlnerable to floods and hazardous to other
lands because they are inadequately elevated, floodpI'CX)fed or othezwise protected
fran flood damage.
SECl'ION C. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to prarote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in
specific area by provisions designed:
(1) To protect hlIDlaI1 life and health:
(2) To minimize expenditure of public noney for costly flood control
projects:
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public:
(4) To minimize prolonged rosiness interruptions:
(5) To minimize damage to public facilities and utilities such as water and gas
nains, electric, telephone and sewer lines, streets and bridges located in
flood plains:
(6) To help naintain a stable tax base by providing for the. sound use and de-
velopnent of flood-prone areas in such a manner as to minimize future flood
blight areas: and
(7) To insure that potential buyers are notified that property is in a flood
area: and
SECl'ION D. MEl'HODS OF REDUCING FLOOD IDSSES
In order to acoonplish its pUIpOSe, this Ordinance uses the follarlng methods:
(l) Restrict or prohibit uses that are dangerous to health, safety or pro-
perty in times of flood, or cause excessive increase in flood heights
or velocities:
(2) Require that uses wlnerable to floods, including facilities WhiCh
serve as such uses, be protected against flood damage at the time of
initial construction:
(3) Control the alteration of natural flood plains, stream Channels, and
natural protective barriers, WhiCh are involved in the accamodation of
flood waters:
(4) Control filling, grading, dredging and other developnent WhiCh nay in-
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crease flood damage:
(5) Prevent or regulate the construction of flood barriers Whidl will un-
naturally divert flood waters or Which nay increase flood hazards to
other lands.
ARI'ICLE 2. DEFINITIONS
Unless specifically defined belOll, words or phrases used in this Ordinance
shall be inte:rpreted to give than the meaning they have in camon usage and to
give this Ordinance its most reasonable application.
Appeal-means a request for a review of the Flood Plain Administrator's inte:rpretation
of any provision of this Ordinance or a request for a variance.
Area of ShallOll Flooding-means a designated AO, AH, or va ZOne on a camunity's
Flood Insurance Rate Map (FIRM) with a one Percent chance or greater annual chance
of flooding to an average depth of one to three feet Where a clearly defined channel
does not exist, Where the path of flooding is unpredictable and Where velocity
flOll nay be evident. Such flooding is characterized ~ ponding or sheet flOll.
Area of Special Flood Hazard- is the land in the flood plain within a camuni.ty
subject to a one Percent or greater chance of flooding in any given year. The area
nay be designated as Zone A on the FHBM. After detailed ratemaking has been carpleted
in preparation for publication of the FIRM, ZOne A usually is refined into ZOnes
A, AO, AH, Al-99, VO, or Vl-30.
Base Flood-neans the flood having a one percent chance of being equalled or exceed
in any given year.
Breakaway Walls- means any type of walls, Whether solid or latttice, and Whether
constructed of concrete, nasonry, \\UOd, metal, plastic, or any other suitable
building naterial which are not part of the structural support of the building and
which are so designed to breakaway under abnormal riverine, velocities, or high
tides and wave action, if applicable, without damage to the structural integrity
of the building on Which they are used or any wildings to Which they might be
carried by flood waters.
Coastal High Hazard Areas-neans 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 Vl-30.
Developnent-neans any rcan-nade change to inproved or uninproved real estate, in-
cluding b.1t not limited to bJildings or other structures, mining, dredging, filling,
grading, paving, excavation, clearing or drilling operations.
Existing Mobile HaDe Park Or Mobile Hone Subdivision-means a parcel of land (or
contiguous parcels) of land divided into two or nore nobile hane lots for rent or
sale for which the construction of facilities for servicing the lot on Which the
nobile hane is to be affixed (inCluding, at a mininum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction of
streets) is cc:rcpleted before the effective date of adq>tion of flood plain management
regulations.
Expansion To An Existing Mobile Hane Park or Mobile Hane Subdivision-means the pre-
paration of additional sites ~ the construction of facilities for servicing the
lots on Which the Irobile hanes are to be affixed (including the installation of
utilities, either final site grading or palring of concrete pads, or the construction
of streets).
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Flood ~Floodway Map (FBFM)-Means an offical nap of a camunity on Which
Federal Errergency Management Agency has delineated the areas of special flood hazard
applicable to the ccrnnuni.ty.
Flood or Flooding-means a general and tenporalY condition of partial or carplete
inundation of nonnally dry land areas fran:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accUIlUlation of runoff
or surface waters fran any source.
Flood Insurance Rate Map (FIRM)-means an official map of a CCJ'lUlUIli.ty, on Which
the Federal Errergency Management Agency has delineated ooth the areas of special
flood hazards and the risk premium zones applicable to the ccrnnuni.ty.
Flood Insurance Study-is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Flood Insurance Rate Map and the Flood Hazard
Boundary-Floodway Map.
Floodway (Regulatory Floodway)-means the channel of a river or other watercoorse
and the adjacent land areas that nust be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation nore than a de-
signated height.
Habitable Floor-means any floor usable for living purposes, WhiCh includes working,
sleeping, eating, cooking or recreation, or a caribination thereof. A floor used
for storage purposes only is not a ''habitable floor II .
Highest Adjacent Grade-means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Mean Sea Level-means the average height of the sea for all stages of the tide.
MObile Hone-means a structure, transportable in one or nore sections, Which is
built on a pernanent chassis and designed to be used with or without a pennanent
foundation When connected to the required utilities. It does not include recreational
vehicles or travel trailers.
NeII>l MObile Hone Park Or Mobile Hane Subdivision- means a parcel of land (or c0n-
tiguous parcels) of land divided into t~ or nore nobile heme lots for rent or
sale for Which the construction of facilities for servicing the lot on Whidl the
nobile hone is to be affixed (including, at a mini.nn.nn, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction
of streets) is corrpleted before the effective date of this ordinance.
Sand Dunes- means naturally occuring accumulations of sand ridges or IIDUnds land-
ward of a beach.
Start of construction-means the first placement of pennanent construction of a
structure (other than a nobile hane) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Permanent construction does
not include land preparation, such as clearing, grading, and filling: nor does it
include the installation of streets and/ or walkways: nor does it include excavation
for a basement, footings, piers or foundation or the erection of tenporary fonns:
nor does it include the installation on the prcperty of accessory buildings,
such as gargages or sheds not occupied as dwelling units or not as Part of the
nain structure. For a structure (other than a nobile hane) without a basement or
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IlDbile hares within IlDbile hane parks or IlDbile hare subdivisions, "start of con-
struction II is the date on which the construction of facilities for servicing the
site on Which the IlDbile heme is to be affixed (inCluding, at a mininum, the con-
struction of streets, either final site grading or the pouring of concrete Pads,
and the installation of utilities) is ccmpleted.
structure-means a walled and roofed building, inCluding a gas or liquid storage tank,
that is principally above ground, as well as a nnbile hane.
Substantial Inprovement-means any repair, reconstruction, or :i.nprovement of a
structure, the cost of Which equals or exceeds 50 percent of the narket value of
the structure either, (1) before the :i.nprovement or repair is started, or (2) if
the structure has been damaged and is being restored, before the damage occurred.
For the P\lrPOSes of this definition "substantial inprovement II is considered to
occur When the first alteration of any wall, ceiling, floor, or other structural
part of the building canmences, Whether or not that alteration affects the the
external dinensions of the structure. The tenn does not, hOATever, include either
(1) any project for :i.nprovement of a structure to carply with existing State or
local health, sanitary, or safety code specifications Which are solely necessaxy
to assure safe living conditions, or (2) any alterations of a structure listed on
the National Register of Historic Places or a State Inventory of Historic Places.
Variance-is a grant of relief to a person fran the requirements of this Ordinance
When specific enforcement \\Ould result in unnecessary hardship. A variance,
therefore, pennits construction or developnent in a manner otheJ:Wi.se prchibited by
this Ordinance.
ARl'ICLE 3. GENERAL PROVISIONS
SECI'ION A. IANDS 'ro WHICH THIS ORDINANCE APPLms
This Ordinance shall apply to all areas of SPeCial flood hazard within the juris-
diction of the City of La Porte.
SECI'ION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FIDOD HAZARD
The areas of special flood hazards identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled liThe Flood Insurance
Study for the City of La Porte, Texas, II dated November, 1984, with accarrpanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps and any revisions
thereto are hereby adopted by reference and declared to be a part of this Ordinance.
SECl'ION C. ESTABLISHMENl' OF DEVEWPMENl' PERMIT
A Developnent Pennit shall be required to ensure conforrrance with the provisions
of this Ordinance.
SECI'ION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
without full conpliance with the term; of this Ordinance and other applicable
regulations.
SECI'ION E. ABROGATION AND GRFATER RESTRIcrIONS
This Ordinance is not intended to rePeal, abrogate, or inpair any existing ease-
ments, covenants, or deed restrictions. HCMever, Where this Ordinance and another
conflict or overlap, Whichever inposes the IlDre stringent restrictions shall pre-
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vail.
SEcrION F. INTERPRETATION
In the interpretation and application of this Ordinance, all provisions shall be:
(a) considered as minimum requirements:
(b) liberally construed in favor of the governing body: and
(c) deemed neither to limit nor repeal any other parrers granted under
State statutes.
SECl'ICN G. WARNING AND DISCIAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered reason-
able for regulatory purposes and is based on scientific and engineering considera-
tions. On rare occasions greater floods can and will occur and flood heights may
be increased by man-made or natural causes. This Ordinance does not inply that
land outside the areas of special flood hazards or uses pennitted within suCh
areas will be free fran flooding or flood damages. This Ordinance shall not create
liability on the part of the City of La Porte or any officer or enployee thereof
for any flood damages that result fran reliance on this Ordinance or any adminis-
trative decision lawfully made thereunder.
ARI'ICLE 4. AD1INISTRATICN
S~ION A. DESIGNATION OF FLOOD PLAIN ADMINISTRATOR
The Director of Carmmity Develo,pnent for the City of La Porte, Texas, or his
designated representative is hereby appointed as Flood Plain Administrator to
administer and iIcplement the provisions of this Ordinance.
S~ION B. DUTIES AND RESPONSIBILITIES OF THE FLOOD PLAIN ADMINISTRATOR
Duties and responsibilities of the Flood Plain Administrator shall include, but
not be limited to, the folla.ring:
(l) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance:
(2) Review, approve or deny all applications for developnent pennits,
required by adoption of this Ordinance:
(3) Review pennits for proposed developnent to assure that all necessary
pennits have been obtain fran those Federal, State or local govern-
mental agencies (including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
(4) Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard (for exanple, Where there apPears
to be a conflict between ma];Ped boundary and actual field conditions)
the Flood Plain Administrator shall rrake the necessary interpretation.
(5) Notify adjacent corrmmi.ties as well as the Harris County Flood Control
District and the Texas Water Camnission prior to any alteration or
relocation of a watercourse, and sul::mit evidence of such notification
to the Federal Errergency Management Agency.
(6) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
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not. diminished.
(7) When base flood elevation data has not. been provided in accordance
with Article 3, Section B, the Flood Plain Administrator shall obtain,
review and reasonably utilize any base flood elevation data available
fran the Federal, State, or other source, in order to administer
the provisic:n of Article 5.
SECl'ICN C. PERMIT PROCEDURES
(1) Application for a Developnent Pennit shall be presented to the Flood
Plain Administrator on fOrnB furnished by him and nay include, rot not
be limited to, plans in duplicate drawn to scale sha"ring the location,
dimensions, and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in relation
to areas in SPeCial flood hazards. Additionally the follaring infonnation
is required:
a. Elevation in relation to Irean sea level, of the la"rest floor (in-
cluding basement) of all proposed structures:
b. Elevation in relation to mean sea level to which any non-residential
structure shall be floodproofed:
c. A certificate fran a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the flood-
proofing criteria of Article 5, Section B (2)
d. Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed develcpnent.
e. For all new and substantially inproved structures in Coastal High Hazard
(V) Zones, the elevation of the bottan of the 10Nest structural member
of the lONest floor.
(2) Approval or denial of a Devel(')fl"OOIlt Pennit by the Flood Plain Adminis-
trator shall be based on all of the provisions of this Ordinance and
the folla"ring relevant factors:
a. The danger of life and prcperty due to flooding or erosic:n danaIrge:
b. The susceptibility of the proposed facility and its contents to
flood danage and the effect of such damage on the individual owner:
c. The danger that naterial nay be swept onto other lands to the injury
of others;
d. The catpatability of the proposed use with existing and anticipated
deve10pnent:
e. The safety of access to the property in times of flood for ordinary
and emergency vehicles:
f. The cost of providing governmental services during and after flood
conditions including naintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical,
and water systems:
g. The expected heights, velocity, duratic:n, rate or rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site:
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h. 'The necessity to the facility of waterfront locations, Where applicable:
i. 'The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use:
j. The relationship of the proposed use to the acmprehensi ve plan for
that area.
SECl'ION D. VARIANCE PROCEDURES
(1) 'The Planning And Zoning Camdssion of the City of La Porte, as appointed
and established by City Council of the City of La Porte, shall hear and render
judgrrent on request for variances fran the requirements of this Ordinance.
(2) Said Planning and Zoning Carmission shall hear and render judgment on an
appeal only When it is alleged there is an error in any requirement, decision, or
determination nade by the Flood ZOne Administrator in the enforcement or adminis-
ration of the Ordinance.
(3) Any person or persons aggrieved. by the decision of the Planning and ZOning
Camnission nay appeal such decision in the courts of COIIpetent jurisdiction.
(4) 'The Flood Plain Administrator shall naintain a record of all actions in-
vol ving an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(5) Variances nay be issued for the reconstruction, rehabilitation or re-
storation 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 Ordinance.
(6) Generally, variances nay be issued for new construction and substantial
inprovements to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed belOll the base
flood level, providing the relevant factors in Section C (2) of this Article
have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
(7) Up:m. consideration of the factors noted above and the intent of this
Ordinance, the Planning and ZOning Camnission of the City of La Porte nay attach
such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this Ordinance (Article l, Section C).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge v.ould result.
(9) Prerequisites for granting variances:
a. Variances shall only be issued upon determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued up:m.:
(i)
(ii)
Shewing a good, sufficient cause:
A determination that failure to grant the
variance v.ould result in exceptional hardship
to the applicant:
A detennination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or Ordinances.
(iii)
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c. Any applicant to whan a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation, and that the cost of flood
insurance will be ccmnensurate with the increased risk resulting frcm
the reduced lowest floor elevation.
ARI'ICLE 5. PROVISIONS FOR FlOOD HAZARD REDUcrION
SECl'IOO A. General Standards
In all areas of special flood hazards the following provisions are required:
(1) All new construction and substantial i.rcprovements shall be anchored
to prevent floatation, collapse or lateral novement of the structure:
(2) All new construction or substantial i.rcprovements shall be constructed
by methods and practices that minimize flood damage:
(3) All new construction or substantial i.rcprovements shall be constructed
with material and utility equiprent resistant to flood damage:
(4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system:
(5) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system
and discharges fran the system into flood waters: and
(6) On site waste disposal systems shall be located to avoid i.rcpainnent
to them or contamination fran them during flooding.
SECI'ION B. SPEX::IFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B,
(7), or (ill) Article 5, Section D, (2) the following provisions are required:
(1) Residential construction-new construction or substantial inprovement
of any residential structure shall have the lowest floor, elevated
to or above the base flood elevation. A registered professional engi-
neer, architect, or land surveyor shall submit a certification to the
Flood Plain Administrator that the standard of the subsection, as
prcposed in Article 4, Section C (l) a., is satisfied.
(2) Non-residential construction-new construction or substantial inprove-
ment of any comnercial, industrial or other non-residential structure
shall either have the lowest floor, including basement, elevated
to or above the base flood elevation or, together with attendent utility
and sanitazy facilities, be floodproofed so that below that level the
structure is watertight with walls substantially inpenneable to the
passage of water and with structural conponents having the capability
of withstanding flood forces associated with the base flood. A regis-
tered professional engineer or architect shall su1:mit a certification
to the Flood Plain Administrator that the standards of this subsection
as PI'OPQSed in Article 4, Section C (1) (c), are satisfied.
(3) Mobile Homes
a. No nobile home shall be based in a floodway, or if applicable, a coastal
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high hazard area, except in an existing nobile hane park or existing
nobile heme subdivision.
b. All mobile hanes shall be anchored to resist floatation, collapse, or
lateral Il'DVement by providing over-the-top and frame ties to ground
anchors. Specific requirements shall be:
(i) OVer-the-t.op ties at each of the four corners of the nobile bane,
with bNo additional ties per side at intennediate locations and
nobile hanes less than 50 feet long requiring one additional tie
per side;
(ii) Frame ties at each comer of the hane with five additional ties Per
side at intennediate points and nobile banes less than 50 feet long
requiring four additional ties per side:
(iii) All conponents of the anchoring system be capable of canying a
force of 4,800 pounds:
(iv) Any additions to the nobile hane be similarily anchored.
(v) Alternate means of anchorage such as those presented in the September
1985 FEMA Manual "Manufactured Hane Installation in Flood Hazard
Area" nay be used if approved by the Flood Plain Administrator.
c. Require that an evacuation plan indicating alternate vehicular access
and escape routes be filed with appropriate Disaster Preparedness
Authorities for nobile hane parks and IIDbile hane subdivisions located
within Zone A.
d. For neN nobile hane parks and subdivisions: for expansions to existing
IIDbile hane parks and subdivisions: for existing IIDbile hane parks and
subdivisions where the repair, reconstruction or inprovement of the
streets, utilities and pads equals or exceeds 50 Percent of value of
the streets, utilities and pads before the repair, reconstruction or
inprovement has camnenced: and for IIDbile homes not placed in a
nobile hane park or subdivision require:
(i) Stands or lots are elevated so that the lc:west floor of the IIDbile
hane will be at or above the base flood level. A registered profess-
ional engineer, architect, or land surveyor shall submit a certifi-
cation to the Flood Plain Administrator that the standard of this
Paragraph canplies with Section B(l) of this Article.
(ii) Adequate surface drainage and access for a hauler are provided: and
(Ui) In the instance of elevation on pilings:
- Lots are large eoough to pennit steps:
- Piling foundations are placed in stable soil
no nore than ten feet apart: and
- Reinforcement is provided for piers IIDre
than six feet above ground level.
SECl'ION C. STANDARDS roR DE.VEI.DPMENT PROPOSAlS
(1) All developnent proposals shall be consistent with Article 1, Section B,
C, and D of this Ordinance, as well as with the La Porte Developnent Or-
dinance.
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(2) All prDPQSals for new developnent shall meet Developnent Pennit require-
ments of Article 3, Section C, Article 4, Section C and the provisions
of Article 5 of this Ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals,
and other PrDPQSed developnent Which is greater than 50 lots or 5 acres,
whichever is lesser, if not othezwise provided pursuant to Article 3,
Section E, or Article 4, Section B(7) of this Ordinance.
(4) All developnent proposals shall have adequate drainage provided to reduce
exposure to flood hazard.
(5) All developnent proposals shall have public utilities and facilities
such as sewer, gas, electrical and water system; located and con-
structed to minimize flood damage.
SECI'ION D. STANDARDS roR AREAS OF SHALI.DW FLOODING (AO/Mi ZONES)
Located within the areas of special flood hazard established in Article 3, Section
B, are areas designated as shallaor flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and where velocity
flaor may be evident. Such flooding is characterized by pending or sheet flaor:
therefore, the follcwing provisions apply:
(1) All new construction and substantial inprovements of residential struc-
tures have the lCMest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the cannunity's FIRM (at least two feet if no depth number
is specified).
(2) All new construction and substantial inprovements of non-residential
structures:
(i) Have the lowest floor (including basement) elevated above the high-
est adjacent grade at least as high as the depth number specified
in feet on the camm.mi.ty's FIRM (at least two feet if no depth
number is specified), or:
(ii) Together with attendant utility and sanitary facilities be desig-
nated so that belaor the base flood level the structure is water-
tight with walls substantially inpenneable to the passage of
water with structural conponents having the capability of with-
standing flood forces associated with the base flood.
(3) A registered professional engineer or architect shall sutmit a certifi-
cation to the Flood Plain Administrator that the standards of this
Section, as PrDPQSed in Article 4, Section C (l) a., are satisfied.
(4) Require within Zones Mi and AO, adequate drainage paths aramd struc-
tures on slopes, to guide floodwaters around and away fran proposed
structures.
SECI'ION E. FLOODWAYS
Floodways-located within areas of special flood hazard established in Article 3,
Section B, are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the follcwing provisions shall apply:
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(l) Encroac1'lnents are prohibited, including fill, new construction, sub-
stantial inprovements and other developnent unless certifications by a
registered professional engineer or architect is provided derronstrating
that encroachments shall not result in an "adverse effect" on the carrying
capacity of the lOO-year flood plain during the occurance of the base
flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and
substantial inprovements shall oonply with all applicable flood hazard
reduction provisions of Article 5.
(3) Prohibit the placement of any nobile hane, except in an existing
rcPbile hane park or subdivision.
SECrION F. CDASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in Article 3, Section B,
are areas designated as Coastal High Hazard Areas (ZOnes V). These areas have special
flood hazards associated with high velocity waters fran tidal surges and hurricane
wave wash: therefore, the follO#ling provisions shall apply:
(1) All buildings or structures shall be located landward of the readl of the
mean high tide.
(2) All buildings or structures shall be elevated so that the lC7#1est supporting
member is located no lONer than the base flood elevation level, with all
space belC7#1 the lC7#1est supporting meniber open so as not to i.rcpede the
flC7#1 of water, except for breakaway walls as provided for in Section F(8)
of this Article.
(3) All buildings or structures shall be securely anchored on pilings or
columns.
(4) Pilings or columns used as structural support shall be designed and andlored
so as to withstand lOO-year wind and water loads acting sinultaneously on
all building CCIlpOnents.
(5) Carpliance with provisions contained in Section (2), (3), and (4) shall be
certified by a registered professional engineer or architect.
(6) There shall be no fill used as structural support.
(7) There shall be no alteration of the sand dunes Which \\'Ould increase poten-
tial flood danage.
(8) Breakaway walls shall be allC7#1ed belC7#1 the lC7#1est supporting merriber Whid1.
are intended to collapse under wind and water loads without structural
damage to the building. Break away walls having a design safe loading
resistance over 20 pounds per square foot shall be certified by a registered
professional engineer or architect as being designed to collapse fran
water loads less than those of the base flood.
(9) Prior to construction, plans for any structure that will have breakaway
walls nust be submitted to the Flood Plain Administrator for approval.
(10) If breakaway walls are utilized, such enclosed space shall not be used for
human habitation.
(ll) Arr:i alteration, repair, reconstruction or inprovements to a structure
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stated after the enactment of this Ordinance shall not enclose the space
belOll the lOllest floor unless breakaway walls are used as provided for in
this Section.
(l2) The placement of mobile hanes is prdhibited, except in an existing nobile
hane park or existing llDbile bane subdivision.
Section 2. The City Council officially finds, detennines, recites and
declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place con-
venient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated: and that this
meeting has been open to the public as required by law at all times during
Which this resolution and the subject matter thereof has been discussed,
considered, and fonnally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 3. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this ordinance shall, for any
reason, be held invalid, such invalidity shall not affect the renaining
portions of this Ordinance, and it is hereby declared to be the intention
of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. Arr:l person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of
a misdemeanor and upon conviction shall be punished by a fine not to exceed
Two Hundred Dollars ($200.00).
Section 5. This Ordinance shall be effective fourteen (14) days after
its passage and approval. The City Secretaty shall give notice of the
passage of this ordinance by causing the caption hereof to be published
in the official newspaPer in the City of La Porte at least twice within
ten (10) days after the passage of this ordinance.
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PASSED AND APPROVED this the 1'/1ft day of t?N L
, 1986.
CITY OF LA PORl'E
By
ATI'EST :
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Cherie Black, City Secretary
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ATTACHED IS AN AMENDMENT TO ORDINANCE 1452 (FLOOD HAZARD
PREVENTION ORDINANCE) CHANGING FIRST FLOOR ELEVATIONS
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ORDINANCE NO. 1452
AN ORDINANCE AME2IDING ClIAPl'ER 10 1/2, ENrITLED "FLOOD DAMAGE PREVENl'ION ORDINANCE":
MAKING FINDINGS OF FACr AND RECITING STA'lUl'ORY" AU'lHORIZATION FOR SAID CHAPl'ER
10 1/2, AND MAKING A STATEMENI' OF THE PURPOSFS OF SAME: PROVIDING CERl'AIN DEFINI-
TIONS: ESTABLISHING THE IAND WI'IHIN THE CITY' OF IA PORl'E TO WHICH THIS ORDINANCE
APPLIES, AND THE BASIS FOR \'HIOI SAID LANDS WERE DEl'ERMINED: PROVIDING FOR A
FLOOD PIAIN BUIIDING PERMIT: PROVIDING THAT NO STRUCIURE OR IAND SHAlL BE LOCATED,
ALTERED, OR HAVE ITS USE QIANGED WI'1HX1l' EUIL COMPLIANCE WITH THIS ORDINANCE:
PROIlIDING FOR THE DESIGNATION OF A FLCX)D PIAIN AIMrNISTRATOR FOR THE CITY' OF IA
PORl'E, 'ID AtMINISTER '!HIS ORDINANCE AND PERMIT PROCEIXJRES: PROVIDING FOR A VARIANCE
PROCEOORE, 'ID BE AtMINISTERED BY THE PIANNING AND ZONING aJMMISSION OF THE CITY' OF
IA PORl'E: PROVIDING GENERAL AND SPEX:IFIC STANDARDS FOR FLOOD PIAIN HAZARD REDUcrION,
AND STANDARDS FOR AREAS OF SHALI.a'l FLCX)DING: PROVIDING STANDARDS FOR DEVELDPMENl'
PROPOSALS WI'IHIN THE CITY' OF IA PORl'E: FINDING CDMPLIANCE WITH THE OPEN MEETINGS
LAW: PRClITIDING A SEVERABILITY' CLAUSE: PROVIDING A PENAL CLAUSE: AND PROVIDING AN
t;tt~ DA.TE HERIDF:
WHEREAS, the Legislature of the State of Texas has in Article 8280-13,
v. T. C. S., as amended, delegated the responsibility to local goveI'l1!reI1tal
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 "mich results in loss of life and property, health and safety hazards,
disruption of ccmtErce and governmental services, and extraordinaty public expendi-
tures for flood protection and relief, all of "mich adversely affect the public
health, safety and general welfare: and
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WHEREAS, these flood losses are created by the cumulative effect of o~
struct.ions in flood plains "mich cause an increase in flood heights and velocities,
and by the occupancy of fl.ood hazards areas by uses vulnerable to fl.oods and hazar-
deus to other lands because they are inadequately elevated, flood proofed, or other-
wise protected fran flood danage: and
WHE:REAs;-the City - Council -of the City of La - Porte deems it necessaty in --
order to prarote the public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provision
designed to:
To protect human life and health:
To minimize expenditure of public noney for costly flood control
projects:
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public:
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ARl'ICLE 1
Section A
Section B
Section C
Section D
ARl'ICLE 2
ARl'ICLE 3
Section A
Section B
Section C
Section 0
Section E
Secticn F
Section G
ARl'ICLE 4
Section A
Section B
Section C
Secticn D
ARl'ICLES 5
Section A
Section B
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2.
3.
Section C.
Section D.
Section E.
Secticn F.
.
MASl'ER
FLOOD HAZARD PREVErllTIOO ORDINANCE
OUTLINE
srA'lUroRY AIJl'HORIZATION, ~NDING OF FACr, PURPOSE
.Am> OSJECl'I'VE... . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
Statutory Aufhorization......................................
FiOOi.r1g Of Fact..............................................
S'tatenertt Of PuI};x)se.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Methods Of Reducing Flood Losses.............................
Definitials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~ POO\1ISI~S..........................................~.
Lands To WhiCh This Ordinance Applies........................
Basis For Establishing The Areas Of Special Flood Hazard.. . . .
Establishment Of Development peocmit..........................
Conpliance. . . . . . . . . . . . .. ... . .. . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .
Abrogation And Greater Restrictions..........................
Interpretatioo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~9 And Disclaimer of Liability..........................
ADaNISl'RA.TICJSl.............................................. .
Designation Of Flood Plain Mninistrator.. . . . . . . . . . . . . . . . . . . .
Duties And Responsibilities of the Flood Plain Administrator.
Peocmit prc:x:edures............................................
Var-iances PI'C)Ced.ures.........................................
PROVISIONS FOR FLOOD HAZARD REDUCTION........................
Gerteral Standards............................................
Specific Sttandards..........................................
Residential Construction.....................................
No~Residential construction.................................
~bile Hane:s. . . . . . . .. . .. .. . . . . . .. . . . . . . . ... . . . . . . . . . .. . . . . . ..
Standards For SUbdivision proposals..........................
Standards For Areas of Shallcw Flooding (A)/AH Zones.........
Fl~s. . . . . . . . . . .. . . .. . .. . . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . .
Cclastal High. Hazard Area.s....................................
IR;
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To minimize prolonged business interruptions:
To minimize damage to ~blic facilities and utilities such as water and gas
nains, electric, telephone and SeINer lines, streets and bridges located in
flood plains:
To help maintain a stable tax base by providing for the sound use and de-
ve10pnent of flood-prone areas in such a narmer as to minimize future flood
blight areas: and
To insure that potential buyers are notified that property is in a flood
area: and
WHEREAS, in order to aCCOlplish its purposes, the City Council of the. City of
La Porte deems an Ordinance necessaxy \\ohi.ch uses the folloong methods:
Restrict or prdlibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increase in flood heights or
velocities:
Require that uses vulnerable to floods, including facilities ...nich
serve as such uses, be protected against flood damage at the time of
initial construction:
Control the alteration of natural flood plains, stream channels, and
natural protective barriers, ...nich are involved in the acoc::mrodation of
flood waters:
Control filling, grading, dredging and other develcpnent ...nidl may in-
crease f~~ damage:
Prevent or regulate the oonstruction of flood barriers ...nich will un-
naturally divert flood waters of ...nich may increase flood hazards to
other lands.
NOW, THEREFORE, BE IT ORDAINED BY THE CIT':( <XlUNCIL OF THE CIT':( OF IA PORl'E:
SEX:I'ION 1. CiAPI'ER 10 1/2, ENTITLED "FLOOD D!\MAGE PRJ;.VEN1'ION ORDINANCE" OF
THE CODE OF ORDINANCFS OF THE CITY OF IA PORl'E, IS HEREBY AMENDED
TO READ lIS EOLLCI'/S, TO-WIT:
ARTICLE 1. STA'l'UIDRY AUl'HORIZATION FINDINGS OF FACr, PURPOSE, AND MElKlD
The Legislature of the State of Texas has in Article 8280-13, V. T. C. S.,
delegated the responsibility to local govemrrental units to adept regulations
designed to minimize flood losses. Therefore, the City of La Porte, Harris County,
Texas, does ordain as follOtls:
SEX:I'ION B. FINDINGS OF FACr
(1) The flood hazard areas of La Porte are subject to periodic inundatioo ...nich
results in loss of life and property, health and safety hazards, disruptioo of can-
merce and goverrurental services, and extraordinaxy public expenditures for flood
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protection and relief, all of Which adversely affect the public health, safety and
general welfare.
(2) These flcxxi losses are created by the CUIlI.l1ative effect of obstructions in
flood plains Whidl cause an increase in f1cxxi heights and velocities, and by the
occupancy of f1cxxi hazard areas by uses vulnerable to flcxxis and hazardous to other
lands because they are inadequately elevated, f100dproofed or otherwise protected
fran flcxxi darrage.
SECl'ICN c. srATEMENT OF PURPOSE
It is the purpose of this Ordinance to prcm:>te the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in
specific area by provisions designed:
(1) To protect hurran life and health:
(2) To minimize expenditure of public ncney for costly f1cxxi control
projects:
(3) To mi.nimi.ze the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public:
(4) To minimiZe' prolonged rosiness interroptions:
(5) To minimize darrage to public facilities and utilities such as water and gas
mains, electric, te1E!fhone and sewer lines, streets and bridges located in
f1cxxi plains:
(6) To help maintain a stable tax base by providing for the soond use and de-
ve10pnent of flcxxi-prone areas in such a manner as to minimize future flcxxi
blight areas: and
(7) To insure that potential buyers are notified that prcperty is in a flood
area: and
SECl'ICN D. METHODS OF REDUCING FlOOD LOSSES
In order to acocmplish its purpose, this Ordinance uses the follOlrling methods:
(1) Restrict or prdU.bit uses that are dangerous to health, safety or pro-
perty in times of flood, or cause excessive increase in f1cxxi heights
or velocities:
(2) Require that uses vulnerable to floods, including facilities Whidl
serve as such uses, be protected against flcxxi damage at the tine of
initial construction:
(3) COntrol the alteration of natural flcxxi plains, stream channels, and
natural protective barriers, Which are involved in the accamcdation of
flcxxi waters:
(4) control filling, grading, dredging and other deve10pnent Whidl may in-
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crease flood danage:
(5) Prevent or regulate the construction of flood barriers Whidt will un-
naturally divert flood waters or Whidt nay increase flood hazards to
other lands.
ARl'ICLE 2. DEFINITIONS
Unless specifically defined bela./, words or phrases used in this Ordinance
shall be interpreted to give than the meaning they have in ccmron usage and to
give this Ordinance its most reasonable awlication.
~-means a request for a review of the Flood Plain Administrator's interpretation
of arr:t provision of this Ordinance or a request for a variance.
Area of Shallow Flooding-means a designated AO, MI, or VO ZOne on a oc:mrruni.ty's
Flood Insurance Rate Map (FIRM) with a ooe percent chance or greater annual chance
of flooding to an average depth of one to three feet Where a clearly defined channel
does not exist, Where the path of flooding is unpredictable and Where velocity
flow nay be evident. Such flooding is characterized ~ pending or sheet fla./.
Area of Special Flood Hazard- is the land in the flood plain within a camunity
subject to a one percent or greater chance of flooding in any given year. 'lhe area
may be designated as Zone A 00 the FHBM. After detailed ratemaking has been calpleted
in preparation for publication of the FIRM, ZOne A usually is refined into ZOnes
A, AO, MI, Al-99, VO, or Vl-30.
Base Flood-rreans the flood having a one percent chance of being equalled or exceed
in any given year. _,_
Breakaway Walls- means any type of walls, Whether solid or latttice, and Whether
constructed of concrete, masauy, ~, metal, plastic, or arr:t other suitable
building material Which are not part of the structural support of the building and
Which are so designed to breakaway under abnonral riverine, velocities, or high
tides and wave action, if applicable, without damage to the structural integrity
of the building on Whidt they are used or any buildings to Which they might be
carried ~ flood waters.
Coastal High Hazard Areas-means the area subject to high velocity waters, including
but not limited to hurricane wave wash or tsunamis. 'lbe area is designated on a
-- '-'FIRM as Zone Vl-30. .._.- ----- - .
Develq:ment-rreans any man-made change to inproved or uninproved real estate, in-
cluding but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, clearing or drilling operations.
Existing Mobile Hane Park: Or Mobile Horre subdivision-neans a parcel of land (or
contiguous parcels) of land divided into two or rrore rrobile hane lots for rent or
sale for Which the constructioo of facilities for servicing the lot on Which the
rrobile hane is to be affixed (including, at a mininum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction of
streets) is calpleted before the effective date of adoption of flood plain managerent
regulations.
Expansion To An Existing Mobile Hare Park or Mobile Hone Subdivision-rreans the pre-
paration of additional sites ~ the constructioo of facilities for servicing the
lots on which the rrobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads, or the construction
of streets).
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Flood Boundary-F100dwaY Map (FBFM)-Means an offica1 map of a camunity on llilhich
Federal ElIergency Management Agency has delineated the areas of special flood hazard
applicable to the c:amunity.
Flood or Flooding-means a general and tatpOrary condition of partial or catp1ete
inundation of nornally dry land areas fran:
(1) The overflOi of inland.or tidal waters.
(2) The unusual and rapid accUIIU1ation of runoff
or surface waters fran arr:t SCAlrce.
Flood Insurance Rate Map (FIRM)-means an official map of a camuni.ty, on Which
the Federal ElIergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the camunity.
Flood Insurance Study-is the official report proviCled by the Federal Emergency
Management Agency. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Fl.ood Insurance Rate Map and the Flood Hazard
Boundary-Floodway l-lap.
F100dway (Regulatory F100dway)-means the channel of a river or other watercwrse
and the adjacent land areas that nust be reserved in order to discharge the base
flood without CUllUlatively increasing the water surface elevation nore than a de-
signated height.
Habitable Floor-means arr:t floor usable for living purposes, Which includes working,
sleeping, eating, cooking or recreation, or a c:x::mbination thereof. A floor used
for storage purposes only is not a ''habitable floor".
Hiqhest Adjacent Grade-means the highest natural elevation of the ground surface
prior to constructiOn next to the proposed walls of a structure.
Mean Sea Leve1-means the average height of the sea for all stages of the tide.
Mobile Hare-means a structure, transportable in one or nore sections, llilhich is
wilt on a permanent chassis and designed to be used with or withoot a permanent
foondation When connected to the required utilities. It does not include recreational
vehicles or travel trailers.
Ne.r Mobile Hone Park Or Mobile Hane Subdivision- means a parcel of land (or con-
_tiguoos parcels) of land divided into t\lO or nore nobile hane lots for rent or
sale for Which the construction of' facilities for servicing the lot. on Which the .-
nobile bane is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction
of streets) is oonpleted before the effective date of this ordinance.
Sand Dunes- means naturally occuring accumulations of sand ridges or IIO\.IIlds land-
ward of a beach.
Start of Construction-means the first placement of permanent construction of a
structure (other than a nobile bane) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Pexmanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/ or walkways; nor does it include excavation
for a basement, footings, piers or foundation or the erection of tatpOrary fonns;
nor does it include the installation on the prcperty of aCcessory buildings,
such as gargages or sheds not occupied as dNelling units or not as part of the
main structure. For a structure (other than a nobile hane) withoot a basement or
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trobile hanes within IlObile hane parks or IlObile hane subdivisions, "start of con-
struction " is the date on which the construction of facilities for servicing the
site on Which the IlObile hane is to be affixed (including, at a mini.Jlum, the con-
struction of streets, either final site grading or the pouring of concrete pads,
and the installation of utilities) is conpleted.
Structure-Ileans a walled and roofed ooilding, including a gas or liquid storage tank,
that is principally above ground, as well as a IlObile hane.
Substantial Imorovement-Ileans atrI repair, reconstruction, or inproverrent of a
structure, the cost of Which equals or exceeds 50 percent of the narket value of
the structure either, (1) before the inproverrent or repair is started, or (2) if
the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial inproverrent" is considered to
occur When the first alteration of atrI wall, ceiling, floor, or other structural
part of the ooilding camnences, Whether or not that alteration affects.. the the
external d:iJIensions of the structure. The tenn does not, ha.o.rever, include either
(1) atrI project for inproverrent of a structure to conply with existing State or
local health, sanitary, or safety code specifications Which are solely necessary
to assure safe living conditions, or (2) any alterations of a structure listed on
the National Register of Historic Places or a State Inventory of Historic Places.
Variance-is a grant of relief to a person fran the requirerrents of this Ordinance
When specific enforcement \\Ould result in unnecessary hardship. A variance,
therefore, pennits construction or develq;:ment in a marmer otheIWise prchibited by
this Ordinance.
ARI'ICLE 3. GmERAL PROVISIOOS
SEr.l'IOO A. LANDS 'ID WHIai THIS ORDINANCE APPLIES
This Ordinance shall 'apply to all areas of special flood hazard within the juris-
diction of the City of La Porte.
SECl'IOO B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazards identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled ''The Flood Insurance
Study for the City of La Porte, Texas," dated NovenIDer, 1984, with accxrrpanying
Flood Insurance Rate Maps and Flood Ba.lI1daxy-Floodway Maps and any reVisions
thereto are hereby adopted by reference and declared to be a part of this Ordinance.
SECl'IOO C. ESTABLISHMENl' OF DEVELOPMJ:Nl' PERMIT
A Developrent Pennit shall be required to ensure conformance with the provisions
of this Ordinance.
SECl'IOO D. OOMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
withoot full conpliance with the tenrs of this Ordinance and other applicable
regulations.
SECl'IOO E. ABROGATIOO AND GREATER RESTRIcrIONS
This Ordinance is not intended to repeal, abrogate, or inpair atrI existing ease-
Ilents, covenants, or deed restrictions. Ha.o.rever, Where this Ordinance and another
conflict or overlap, Whichever inposes the IlOre stringent restrictions shall pre-
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vail.
SECl'ICN F. INl'ERPREl'ATICN
In the interpretation and application of this Ordinance, all provisions shall be:
(a) considered as minimum requirements:
(b) liberally construed in favor of the governing body: and
(c) deered neither to limit nor repeal any other powers granted under
State statutes.
SECl'ICN G. WARNING AND DISClAIMER OF LIABILITY
'Ibe degree of flood protection requ4"ed ~ this Ordinance is considered reason-
able for regulatory purposes and is based on scientific and engineering considera-
tions. On rare occasions greater floods can and will occur and flood heights may
be increased by man-made or natural causes. This ordinance does not inply that
land outside the areas of special flood hazards or uses pennitted within such
areas will be free fran flooding or flood damages. 'Ibis Ordinance shall not create
liability on the part of the City of La Porte or arr.f officer or enployee thereof
for any flood damages that result fran reliance on this Ordinanoe or any adminis-
trative decision lawfully made thereunder.
ARI'ICLE 4. ALMINISTRATICN
SECl'ICN A. DESIGNATICN OF FIOOD PLAIN ADMINISTRATOR
The Director of camunity Developnent for the City of La Porte, Texas, or his
designated representative is here~ appointed as Flood Plain Administrator to
administer and inplerent the provisioos of this Ordinance.
SECl'ICN B. DUl'IES AND"RESPONSIBILITIES OF THE FIOOD PLAIN ADMINISTRATOR
Duties and responsibilities of the Flood Plain Administrator shall include, but
not be limited to, the follcwi.ng:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance:
(2) Review, approve or deny all applications for devel.cpnent pennits,
required by adoption of this Ordinance:
(3) Review permits for prq;x>sed develcpnent to assure that all necessary
pennits have been obtain fran those Federal, State or loca.1 govern-
mental agencies (including Section 404 of the Federal Water Pollutioo
COntrol Act Alrendments of 1972, 33 U.S.C. 1334) from Which prior approval
is required.
(4) Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard (for exanple, Where there appears
to be a conflict between mapped boundary and actual field conditions)
the Flood Plain Administrator shall make the necessary interpretation.
(5) Notify adjacent conmmi.ties as well as the Harris County Flood Control
District and the Texas Water CCmnission prior to any alteration or
relocation of a watercourse, and subnit evidence of such notification
to the Federal Em:!rgency Management Agency. .
(6) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
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not diminished.
(7) When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Flood Plain Administrator shall obtain,
review and reasonably utilize any base flood elevation data available
fran the Federal, State, or other source, in order to administer
the provisioo. of Article 5.
SECl'ICN C. PERMIT PROCEOORES
(1) Application for a Developnent Permit shall be presented to the Flood
Plain Administrator on forns furnished by him and may include, but not
be limited to, plans in duplicate drawn to scale shcMi.ng the locatioo.,
dirrensions, and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in.-relation
to areas in special flood hazards. Additionally the follOo/ing infomation
is required:
a. Elevation in relation to n-ean sea level, of the 10rleSt floor (in-
cluding basenent) of all proposed structures:
b. Elevation in relation to mean sea level to Which any non-residential
structure shall be floodproofed:
c. A certificate fran a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the flood-
proofing criteria of Article 5, Section B (2)
d. Description of the extent to Whidl any watercourse or natural drainage
will be altered or relocated as a result of proposed develcprent.
e. For all !i~ and subs~ally :iItproved structures in Coastal High Hazard
(V) Zones, the elevation of the bottan of the lCMest structural member
of the lCMest floor.
(2) Approval or denial of a Developrent Permit by the Flood Plain Adminis-
trator shall be based on all of the provisions of this Ordinance and
the follOo/ing relevant factors:
a. The danger of life and property due to flooding or erosion darrBlTge:
b. The susceptibility of the proposed facility and its contents to
_ . flood damage" ~ the e.ff~ o~_ _s~c:h _ ~~ge _ ~n ~=-_individu~l _~er: .
c. The danger that material may be swept onto other lands to the injury
of others:
d. The oorpatability of the proposed use with existing and. anticipated
developnent:
e. The safety of access to the prcperty in tirres of flood for ordinary
and anergency vehicles:
f. The cost of providing governnental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical,
and water systems:
g. The expected heights, velocity, duration, rate or rise and sedirrent
transport of the flood waters and the effects of wave action, if
applicable, expected at the site:
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h. 'The necessity to the facility of waterfront locations, where applicable:
i. 'The availability of alternative locations, not subject to flooding
or erosion damage, for the prc:posed use: '
j. 'The relationship of the proposed use to the COIlprehensive plan for
that area.
SECl'ION D. VARIANCE PROCEDURES
(1) 'The Plarming And Zoning Catmission of the City of La Porte, as appointed
and established by City Council of the City of La Porte, shall hear and render
judgrrent on request for variances fran the requirements of this Ordinance.
(2) Said Planning and Zoning Cam1i.ssion shall hear and render judgment on an
appeal only when it is alleged there is an error in any requirement, decision, or
detennination nade by the Flood Zone Administrator in the enforcement or '-adminis-
ration of the Ordinance.
(3) Arr:i person or persons aggrieved. by the decision of the Plarming and Zoning
Camrl.ssion rray appeal such decision in the courts of exxtpetent jurisdiction.
(4) 'The Flood Plain Administrator shall naintain a reoord of all actions in-
volving an appeal and shall report variances to the Federal Em!rgency Management
Agency upon request.
(5) Variances nay be issued for the reoonstruction, rehabilitation or re-
storation 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 rE!lBinder of this Ordinance.
(6) Generally, variances rray be issued for new oonstIUction and substantial
inpx-ovements to be eJ;'E!cted on a lot of one-half acre or less in size oontiguous
to and surrounded 1;)y - lots with existing structures oonstructed belcM the base
flood level, providing the relevant factors in Section C (2) of this Article
have been fully oonsidered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
Ordinance, the Plarming and Zoning Camrl.ssion of the City of La Porte nay attach
such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this Ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if arr:J
increase in flood levels during the base flood discharge ~uld result.____
(9) Prerequisites for granting variances:
a. Variances shall only be issued upon detennination that the variance
is the mininuJm necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon:
(iii)
ShOlling a good, sufficient cause:
A detennination that failure to grant the
variance ...ould result in exceptional hardship
to the applicant:
A detennination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or Ordinances.
(i)
(ii)
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c. Arr:i applicant to whan a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation belo.r the base flood elevation, and that the cost of flood
insurance will be cannensurate with the increased risk resulting fran
the reduced lo.rest floor elevation.
ARl'ICLE 5. PROVISIONS FUR FlOOD HAZARD REDUCl'ION
SECl'IOO A. General Standards
In all areas of special flood hazards the f!Jllo.ring provisions are required:
(1) All new construction and substantial inprovements shall be anchored
to prevent floatation, collapse or lateral novement of the sfructure.
(2) All new oonstruction or substantial inprovements shall be constructed
l:1:i methods and practices that minimize flood danage.
(3) All new construction or substantial inprovements shall be constructed
with naterial and utility equi:prrent resistant to flood damage.
(4) All new and replacement water supply systems shall be designed to
m:i.nimi.ze or eliminate infiltration of flood waters into the systan.
(5) New and replacenent sanitary sewage systems shall be designed to
m:i.nimi.ze or eliminate infiltration of flood waters into the system
and discharges fran the system into flood waters. and
(6) On site waste disposal systems shall be located to avoid inpairment
to than q;r; contamination fran than during flooding.
SECl'IOO B. SPEr:IFIC STAN'D!\lIDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B,
(7), or (ill) Article 5, Section 0, (2) the follo.ring provisions are required:
(1) Residential construction-new construction or substantial inprovement
of any residential structure shall have the lo.rest floor, elevated
to or above the base flood elevation. A registered professional engi-
neer, architect, or land surveyor shall sul:mi.t a certification to the
Flood Plain Administrator that the standard of the subsection, as
proposed in Article 4, Section C (l)a., is satisfied.
(2) Non-residential construction-new construction or substantial inprove-
ment of any c:x:mnercial, industrial or other non-residential structure
shall either have the lowest floor, including basement, elevated
to or above the base flood elevation or, together with attendent utility
and sanitary facilities, be floodproofed so that belo.r that level the
structure is watertight with walls substantially inpermeable to the
passage of water and with structural OOIlpOI'1ents having the capability
of withstanding flood forces associated with the base flood. A regis-
tered professional engineer or architect shall sul:mi.t a certification
to the Flood Plain Administrator that the standards of this subsection
as proposed in Article 4, Section C (1) (c), are satisfied.
(3) Mobile Homes
a. No nobile home shall be based in a floodway, or if applicable, a coastal
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high hazard area, except in an existing IlObile hane park or existing
lIDbile hane subdivision.
b. All IlObi1e hares shall be anchored to resist floatation, collapse, or
lateral llOVanent by provi~ over-the-top and frame ties to groond
anchors. Specific requirements shall be:
(i) Qver-the-top ties at eaCh of the four corners of the IlObile haDe,
with t\\O additional ties per side at intennediate locatioos and
m::>bile banes less than 50 feet long requiring one additional tie
per side:
(ii) Frame ties at eaCh corner of the hone with five additional ties per
side at intemediate points and IlObile banes less than 50 ~eet long
requiring four additional ties per side:
(iii) All conponents of the anchoring systen be capable of carrying a
force of 4,800 pounds:
(iv) Arr:i additioos to the Jrobi1e hare be similarily anchored.
(v) Alternate means of anchorage suCh as those presented in the September
1985 Fn-lA Manual "Manufactured Hone Installation in Flood Hazard
Area" IlBY be used if approved by the Flood Plain Administrator.
c. Require that an evacuation plan indicating alternate vehicular access
and escape routes be filed with appropriate Disaster Preparedness
Authorities for IlObile hane paDts and IlObile hone subdivisions located
within Zone A.
d. For new I!Dbile hone parks and subdivisions: for expansions to existing
IlObile bane parks and subdivisions: for existing IlObile bane parks and
subdivisions where the repair, reconstruction or inprovement of the
streets, utilities and pads equals or exceeds 50 percent of value of
the streets, utilities and pads before the repair, reconstruction or
iJrprovE!llElt has carmenced: and for IlObile banes not placed in a
I1Dbile hare park or subdivision require:
(i) Stands or lots are elevated so that the lo.rest floor of the IlObile
hone will be at or above the base flood level. A registered profess-
ional engineer, architect, or land surveyor shall submit a certifi-
cation to the Flood Plain Administrator that the standard of this
paragraph complies with Section B(l) of this Article.
(ii) Adequate surface drainage and access for a hauler are provided: and
(iii) In the instance of elevation on pilings:
- Lots are large erough to pennit steps:
_ Piling foundations are placed in stable soil
no IlOre than ten feet apart: and
_ ReinforcE!llElt is provided for piers IlOre
than six feet above gramd level.
SECI'ION c. srANDARDS roR DEVELOPMENT PlVPOSALS
(1) All deve10fJl1ent proposals shall be consistent with Article 1, Section B,
c, and D of this Ordinance, as well as with the La Porte Deve10pnent Or-
dinance.
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(2) All proposals for new developnent shall rreet Deve10pnent Permit require-
nents of Article 3, Sectioo C, Article 4, Section C and the provisions
of Article 5 of this Ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals,
and other proposed developnent Which is greater than 50 lots or 5 acres,
whichever is lesser, if not. otheIWise provided pursuant to Article 3,
Section E, or Article 4, Section B(7) of this Ordinance.
(4) All deve10pnent proposals shall have adequate drainage provided to reduce
exposure to flood hazard.
(5) All developnent proposals shall have public utilities and facilities
such as sewer, gas, electrical and' water systens located and c0n-
structed to minimize flood damage.
SECI'ION D. Sl'ANDARDS roR AREAS OF SHALT.DW FlDJDING (NJ/M:I ZONES)
Located within the areas of special flood hazard established in Article 3, Sectioo
B, are areas designated as shallGl flooding. These areas have special flood hazards-
associated with base flood depths of 1 to 3 feet Where a clearly defined channel
does not exist and Where the path of flooding is unpredictable and Where velocity
f1G1 may be evident. Such flooding is characterized by pending or sheet flGl:
therefore, the folladng provisions apply:
(1) All new constructioo and substantial iIrprovements of residential struc-
tures have the lONest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the camuni.ty's FIRM (at least t\\lO feet if no depth number
is specified).
(2) All new COnstruction and substantial iIrprovements of non-residential
structures: .
(i) Have the lONest floor (including basement) elevated above the high-
est adjacent grade at least as high as the depth number specified
in feet on the camunity's FIRM (at least two feet if no depth
number is specified), or:
(ii) Together with attendant utility and sanitary facilities be desig-
nated SO that be1G1 the base flood level the structure is water-
tight with walls substantially iIrpenneab1e to the passage of
water with structural oooponents having the capability of with-
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(3) A registered professional engineer or architect shall suJ:mit a certifi-
cation to the Flood Plain Administrator that the standards of this
Section, as proposed in Article 4, section C (1) a., are satisfied.
(4) Require within Zones M:I and 1\0, adequate drainage paths ara.lnd struc-
tures on slopes, to guide flOClC'Maters around and aMaY from proposed
structures.
SECl'ION E. FlDJDWAYS
FlOClC'Mays-1ocated within areas of special flood hazard established in Article 3,
Section B, are areas designated as flOClC'Mays. Since the flOClC'May is an extremely
hazardous area due to the velocity of flood waters Which carty debris, potential
projectiles and erosion potential, the follGling provisions shall apply:
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(1) Encraachm,mts are prohibited, including fill, new construction, sub-
stantial inprovenents and other develoID81t unless certifications l:7.i a
registered professional engineer or architect is provided denonstrating
that encroachments shall not'result in an "adverse effect" on the carrying
capacity of the lQO-year flood- plain during the occurance of the base
flood discharge.
(2) If Article 5, Section E(l) above is satisfied, all new construction and
substantial inprovernents shall CXlIIply with all applicable flood hazard
reduction provisions of Article 5. '
(3) Prdlibit the placenent of arrf rrobile hone, except in an .-existing
nobile hare pan or subdivision.
SEX:1'ION F. COASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in Article 3, Section B,
are areas designated as Coastal High Hazard Areas (Zones V). These areas have special
flood hazards associated with high velocity waters fran tidal surges and hurricane
wave wash: therefore, the follOlling provisions shall apply:
(1) All wildings or structures shall be located landward of the read1. of the
nean high tide.
(2) All wildings or structures shall be elevated so that the lo..rest supporting
member is located no lo..rer than the base flood elevation level, with all
space bel.ao1 the lo..rest supporting member open so as not to i.npede the
flON of wa~~:J;', except for .breakaway walls as provided for in Section F(8)
of this Article.
(3) All wildings or structures shall be securely anchored on pilings or
colUllUls.
(4) Pilings or colUllUls used as structural support shall be designed and and1.ored
so as to withstand 100-year wind and water loads acting sinultanea.lsly on
all wilding canponents.
(5) Catpliance with provisions contained in section (2), (3), and (4) shall be
certified by ~egister~_p~f~siona1_~g~l1E:eE or Cl.rd1.itect.
(6) There shall be no fill used as structural support.
(7) There shall be no alteratibn of the sand dunes Whim \1OUld increase poten-
tial flood damage.
(8) Breakaway walls shall be allONed belON the lo..rest supporting member whid1.
are intended to collapse under wind and water loads without structural
damage to the building. Break;:May walls having a design safe loading
resistance over 20 pounds per square foot shall be certified l:7.i a registere:i
professional engineer or ard1.itect as being designed to collapse fran
water loads less than those of the base flood.
(9) Prior to construction, plans for arrf structure that will have breakaway
walls !lUSt be submitted to the Flood Plain Administrator for approval.
(10) If breakaway walls are utilize:i, such enclosed space shall not be use:i for
htnnan habitation.
(11) AIr:! alteration, repair, reconstruction or inprovements to a structure
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PASSED AND APPROVED this the. Pt- - day of I 'r/Y",( ,
, 1985.
CI'lY OF lA PORl'E
ATl'EST :
(!!U~~ irta~L
Ol.erie Black, City Secretary
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stated after the enactment of this Ordinance shall not enclose the space
bela.r the lo.rest floor unless breakaway. walls are used as provided for in
this sectioo.
(12) The placement of nobile hanes is prchi.bited, except in an existing nobile
hane park or existing nobile ~ sulxlivision.
Section 2. The City COUncil officially finds, detennines, recites and
declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place c0n-
venient to the public at the City Hall of the City for the tine ._required
by law preceding this neeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated: and that this
meeting has been open to the public as required by law at all times during
..mich this resolution and the subject matter thereof has been discussed,
cal5idered, and fornally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 3. If any sectioo, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this ordinance shall, for any
reasoo, be held invalid, such invalidity shall not affect the remaining
portions of this Ordinance, and it is hereby declared to be the intention
of this City Council to have passed ead1. section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. ~ person, as defined in section 1.07(27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of
a misdemeanor and upon conviction shall be punished by a fine not to exceed
Two Hundred Dollars ($200.00).
Section 5. This ordinance shall be effective fourteen (14) days after
its passage and approval. The City Secretary shall give notice of the
passage of this ordinance by causing the captioo hereof to be published
in the official newspaper in the City of La Porte at least twice within
ten (10) days after the passage of this ordinance.
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