HomeMy WebLinkAboutOrd. 2021-3858 - Ch. 94 Floods, Floodplain Mgmt. Appeals Board, 12-13-21ORDINANCE NO. 2021--38353858
AN ORDINANCE AMENDING CHAPTER 94 “FLOODS” OF THE CODE OF
ORDINANCES BY REVISING REGULATIONS AND PROCEDURES FOR APPEALS, AND
CREATING A FLOODPLAIN MANAGEMENT APPEALS BOARD; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94, “Floods”, Article II “Flood Hazard Reduction”, Division 2
“Administration”, Section 94-65 “Variance procedures”, of the La Porte, Texas, Code of
Ordinances is hereby amended and shall hereinafter read as follows:
“Sec. 94-65. - Appeal of Decision of Floodplain Administrator; Variances
a) There is hereby established an appeal board to be known as the Floodplain
Management Appeals Board, to be comprised of five (5) individuals appointed by
the La Porte City Council to two (2) year terms, which shall:
1) hear and render judgment on an appeal when it is alleged that there is an
error in an any order, requirement, decision, or determination made by the
floodplain administrator in the enforcement of administration of this article.
2) hear and render judgment on requests for variances from the requirements of
this article.
b) In exercising its authority to hear appeals the Floodplain Management Appeals Board
may reverse or affirm, in whole or in part, or modify the floodplain administrator’s order,
requirement, decision, or determination from which an appeal is taken and make the
correct order, requirement, decision, or determination, and for that purpose the board has
the same authority as the floodplain administrator. The floodplain administrator shall
maintain a record of all actions involving an appeal.
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c) any of the following persons may appeal to the Floodplain Management Appeals
Board a decision made by the floodplain administrator that is not related to a specific
application, address, or project:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
d) any of the following persons may appeal to the Floodplain Management Appeals
Board a decision made by the floodplain administrator that is related to a specific
application, address, or project:
(1) a person who:
(A) filed the application that is the subject of the decision;
(B) is the owner or representative of the owner of the property that is the
subject of the decision; or
(C) is aggrieved by the decision and is the owner of real property within
200 feet of the property that is the subject of the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
e) The appellant must file with the board and the official from whom the appeal is taken
a notice of appeal specifying the grounds for the appeal. The appeal must be filed not
later than the 30th day after the date the decision is made. On receiving the notice, the
official from whom the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
f) An appeal stays all proceedings in furtherance of the action that is appealed unless
the official from whom the appeal is taken certifies in writing to the board facts
supporting the official's opinion that a stay would cause imminent peril to life or
property. In that case, the proceedings may be stayed only by a restraining order
granted by the board or a court of record on application, after notice to the official, if
due cause is shown.
g) The board shall set a reasonable time for the appeal hearing and shall give public
notice of the hearing and due notice to the parties in interest. A party may appear at the
appeal hearing in person or by agent or attorney. The board shall decide the appeal at
the next meeting for which notice can be provided following the hearing and not later
than the 60th day after the date the appeal is filed.
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h) In exercising its authority to hear requests for variances, the Floodplain Management
Appeals Board shall be subject to the following standards and guidelines:
(1) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(2) Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that (i) the criteria outlined in section 94-65(1)-(9) of this article are met, and (ii) the
structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.”
(3) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
factors in section 94-64(2) of this article have been fully considered. As the lot size
increases beyond the one-half half acre, the technical justification required for issuing
the variance increases.
(4) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(5) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(6) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this
article.
(7) Upon consideration of the factors noted above and the intent of this article, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article as stated in section 94-34
herein.
i) Any perso n or persons aggri eved by the deci s io n o f th e Fl oodp lain
Managemen t Appeals Boa rd ma y appeal s uch deci s ion in a co urt of co mpetent
jur isdiction .
j) T he fl oodplain admi n istrator s ha ll maintain a record of a ll acti o ns involving
an appea l and sha ll report va ri a nces to the Federal Eme rge nc y Manage me nt
Age ncy up o n request."
Section 2 . Any person, as de fined in Section 1.07 (27), Texas Pena l Code, who s ha ll vio late any
provi s ion of th e o rdin ance, shall be deemed g ui lty of a mi sdemeano r and upon conviction shal l
be punished by a tine not to exceed TWO TH OUSAN D DO LL ARS ($2000 .00).
Section 3. Each and every prov ision, paragraph, se ntence and cla use of thi s Ordinance has been
se parate ly cons idered and pa ssed by the C ity Co unci l of th e C ity of La Porte, Texas , and each sa id
provisio n wo uld have been separate ly passed withou t any oth er provi sion, and if any provis ion
hereof shall be ineffectiv e, invalid o r uncon stitutional , fo r any cause, it sha ll not im pair o r affect the
remainin g portion , or any part thereof, but the valid portio n shall be in fo rce just as if it had been
passed a lone.
Section 4 . All ord inan ces o r parts of ordin ances in conflict herew ith are here by re pea led to the
extent of such conflict only.
Section 5. The C ity Co unci l officia ll y find s, determin es , rec ites and declare s that a sufficient
written notice of th e date, hour, place and s ubj ect o f th is meetin g o f the C ity Council is posted at
a place conveni ent to the pub li c at th e City Ha ll of the c ity fo r the t ime requir ed by law
pre ce din g thi s meeting, as req uired by Chapter 55 l , Tx. Gov't Code; an d that thi s me etin g has
be en ope n to the public as required by law at all t ime s during which thi s ordin ance and th e
subject matte r th ere of has been di sc ussed , cons id ered and fo rm all y acted upo n. The City Council
further ratifi es, app roves and confirms s uch written no ti ce and th e contents and posting thereof.
Section 6 . This Ordi na nce shall be effective fo urteen (14) days afte r its pa ssage and approval.
Th e C ity Secretary s hall g ive notic e of th e passage of thi s o rdinance by caus in g the caption
hereof to be publi shed in the offi cial newspaper of the C ity of La Porte at least o nce with in ten
(10) days after the passage of th is ord inance.
PA SSED AND APPROVED this the 13th day of DECEMB ER 202 1.
CITY OF LAP
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APPROV ED AS TO FORM:
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C lark Aski ns , Ass is tant C ity Attorn ey
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