HomeMy WebLinkAboutOrd 2025-4087_creating Floodplain Management Appeals BoardORDINANCE 2025-4087
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) regular members holding
positions designated as Position 1 through Position 5 and two (2) alternate members
holding positions designated as Alternate Position 1 and Alternate Position 2, with
each member to be appointed by the La Porte City Council to two (2) year terms.
Alternate members are entitled to participate in meetings only when serving in place
of an absent regular member, beginning with Alternate Position 1, followed by
Alternate Position 2. Such board shall:
1) hear and renderjudgment 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.
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 an administrative official that is related to a specific application,
address, or project:
(1) aperson 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
60" day after the date the appeal is filed.
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 he
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) all applicable criteria outlined in 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 person or persons aggrieved by the decision of the Floodplain Management
Appeals Board may appeal such decision in a court of competent jurisdiction.
j) The floodplain administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon
request."
Section 2: Any person, as defrted 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 THOUSAND DOLLARS
($2000.00).
Section 3: Each and every provision, paragraph, sentence and clause of this ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any other provision, and
if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it
shall not impair or affect the remaining portion, or any part thereof, but the valid portion
shall be in force just as if it had been passed alone.
Section 4: All ordinances or parts of ordinances in conflict herewith arehereby repealed to the extent
of such conflict only.
Section 5: The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, how, place and subject of this meeting of the City Council
is posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code;
and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6: 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 caption
hereof to be published in the official newspaper of the City of La Porte at least once
within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this, the 23rd day of June, 2025.
CITY OF LA
Rick Helton,
APPROVED AS TO FORM:
Clark T. Askins, City Attorney