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HomeMy WebLinkAboutO-1978-1104 . . ORDINANCE NO. 1104 - ....... AN ORDINANCE DEFINING FLOOD HAZARD AREAS AND TYPES OF IMPROVEMENTS THEREON; PROVIDING THAT THE CITY BUILDING INSPECTOR ACT AS ADMINIS- TRATOR OF THE TERMS OF THIS ORDINANCE, SPECIFYING HIS DUTIES AND RESPONSIBILITIES; PROVIDING FOR INCLUSION OF ADDITIONAL REQUIREMENTS IN CITY BUILDING PERMITS; ALLOWING FOR VARIANCES TO BE GRANTED; PROVIDING FOR APPEALS TO THE CITY PLANNING AND ZONING COMMISSION AND THENCE TO THE STATE COURTS; PROVIDING STANDARDS IN AREAS OF SPECIAL FLOOD HAZARD FOR RESIDENTIAL CONSTRUCTION, NON-RESIDENTIAL CONSTRUCTION, AND MOBILE HOMES; PROVIDING STANDARDS IN AREAS OF SHALLOW FLOODING FOR RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. ----.. ~ WHEREAS, the legislature of the State of Texas has in REV. CIV. STAT. TEX. ANN. Article 828q-13 delegated the responsibility to local governmental units, to adopt regulations designed to . . minimize flood losses, therefore, ~ ........ -- BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Chapter 10~ of the Code of Ordinances of the City of La Porte is hereby amended, and shall hereafter read as follows, to-wit: ARTICLE I Introductory Provisions Section 10~-1. Findings of Fact. (a) The flood hazard areas of the City of La Porte are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. e (b) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood 'hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated,' flood-proofed, or otherwise protected from flood damage. Section 10~-2. Statement of purpose. It is the purpose of this Chapter to promote the public health, safety and gen~ral welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; .- e e e . e . Ordinance No. 1104 , Page 2. (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolo~ged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, str~ets and bridges located in flood plains; (f) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and, (g) Insure the potential buyers are notified that property is in a flood area. Section 10~-3. Methods of reduci~g flood losses. In order to accomplish its purposes, this ordinance uses the following methods: (a) Restrict or prohibit uses that are d~ngerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (d) Control filling, grading, dredging and other development which may increase flood damage; (e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Section 10~-4.' Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to g~ve this chapter its most reasonable application. (a) Appea1--means a r~quest for a review of the Building Inspector's interpretation of any provisions of this chapter or a request for a variance. (b) Area of Shallow F100ding--means a designated AO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeter- minate, and where velocity flow may be evident. (c) Area of Special Flood Hazard--is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. (d) Base F100d--means the flood having a one percent chance of being equalled or exceeded in any given year. e e Ordinance No. 1104 , P~ge 3. . (e) Development--means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (f) Existing Mobile Home Park or Mobile Home Subdivision-- means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for, servicing the lot on which the mobile home 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 completed befo~e the effective date of this chapter. - (g) Expansion to an Existing Mobile Home Park or Mobile Home Subdivision--means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either, final site grading or pouring of concrete pads, or the construction of streets). (h) Flood or F100ding........means a general and temporary con...... dition of partial or' complete inundati0n of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (i) Flood Insurance Rate Map (FIRM)--means an official map of a community, on which the Federal Insurance Adminis- tration has delineated both the areas of special flood hazards and the risk p~emium zones applicable to the community. . (j) Flood Insurance Study--is the oficia1 report provided by the Federal Insurance Administration. The report con- tains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map. (k) Habitable Floor--means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.' A floor used for storage purposes only is not a "habitable floor". (1) Mean Sea Level--means the average height of the sea for all stages of the tide. (m) Mobile Home--means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent founda- tion when connected to the required utilities. It does not include recreational v.ehicles or travel trailers. . (n) New Mobile Home Park or Mobile Home Subdivision--means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home 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 completed, on or after the effective date of this chapter. e e , Page 4. Ordinance No. 1104 . (0) Start of Construction--means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent con- struction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; not does it include excavation for a basement, footings, piers or foundations or the erec- tion of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of con- struction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdi- visions, "start of construction" is the date on which the mobile home is to be affixed (including, at a minimum, the construction o~ streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. (p) Structure--means a walled and roofed building that is principally above grpund, as well as a mobile home. - e (q) Substantial Improvement--means any repair, reconstruc- tion,' or improvement cif a structure, the cost of which equals or exceeds 50 percent of the market value of'the structure either, (1) before the improvement or 'repair is started, or (2) if the structure has been damaged and is being restored, befor~ the damage occurred. For the pur- poses of this definition "substantial improvement" is con- sidered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any projects for improvement of a structure to comply 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. (r) Variance--is a g~ant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance"therefore, permits construction or development in a manner otherwise prohibited by this chqpter. ARTICLE II General provisions Section 10~-5. Lands to which this ordinance applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction o~ the City of La Porte. Section 10~-6. Basis for establishing the areas of special flood hazard. e The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study e . Ordinance No. 1104 , Page 5. . for the City of La Porte," dated February 12, 1971, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this chapt~r. Section 10~-7. . Permit required. To ensure conformance with the provisions of the Chapter, the requirements herein stated are expressly made part of the procedure necessary to obtain a building permit under Chapter 8 of this Code. Section 10~-8. Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Chapter and other applicable regulations. Section 10~-9. Abrogation and greater restrictions. e This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restric- tions. However, where this Chapter and another conflict or overlap, whichever the more stringent restrictions shall prevail. Section 10~-10. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) considered as minimum requirements; (b) liberally constructed in favor of the governing body; and (c) deemed neither to limit nor repeal any other powers granted under State statutes. Section 10~-11. Warning and disclaimer of liability. e The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from floodings or flood damages. This chapter shall not create liability on the part of the City of La Porte or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. ARTICLE III Administration Section 10~-12. Designation of Building I~spector as local administrator. The City Building Insp~ctor is hereby appointed to administer, and implement the provisions of this chapter. Section 10~-13. Duties and responsibilities of the Building Inspector. In administering and implementing the provisions of this Chapter, the duties and responsibilities of the Building Inspector shall include, but not be limited to: e . e Ordinance No. 1104 , p~ge 6. - (a) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter; (b) Review, approve or deny all applications for develop- ment permits required by Section 10~-7 of this chapter; (c) Review proposed building permits to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; e (d) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpre- tation as provided in Section 10~-15 of this Article; (e) Notify adjacent communities and the Texas Water Development' Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (f) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; (g) When base flood elevation data has not been prov~ded in accordance with Section 10~-6, the Building ~nspector shall obtain, review, and reasonably utilize' any base flood elevation data avai~ab1e from a Federal, State, or other source, in order to administer the provision of Article IV. 'e (h) Require until ~ regulatory f100dway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when cprnbined with all other existing and anticipated development, will not increase the water sur- face elevation of the base flood more than one foot at any point within the community. Section 10~-14. Per~it procedure. (a) As part of the required building permit provided elsewhere in this Code of Ordinances, an applicant for a building permit shall include in his application: (1) plans in duplicate drawn to scale, showing the location, dimensions and elevation of proposed land- scape alterations, existing and proposed structures, and the location of such in relation to areas of special flood hazard; (2) Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; e (3) Elevation in relation to mean sea level to which any'non-residentia1 structure shall be f100dproofed; (4) A certificate from a registered professional engineer or architect that the non-residential f100d- proofed structure shall meet the floodproofing criteria of Section 10~-17(b); e e Ordinance No. 1104 , P~ge 7. . (5) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (b) Approval or denial .of a Development Permit by the Building Inspector shall be based on all of the provisions of this chapter and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; (2) The susceptibility of the proposed facility and its contents'to flood damage and the effect of such damage on the individual owner; (3) The danger that materials may be swept onto other. lands to the injury of others; (4) The compatibility of the proposed use'with existi~g and anticipated development; - (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental 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; (7) The expected heights, velocity, duration, rate of rise and sediment t~ansport of the flood waters and the effects of wave action, if applicable, expected at the site; (8) The necessity to the facility of a waterfront location, where applicable; . (9) The availability of alternative locations, not subject to flooding or erosion damage, for the pro- posed 'use; ,e (10) The relationship of the proposed use to the com- prehensive plan for that area. Section 10~-15. Variance procedure. (a) The Planning and Zoning Commission as established by the City of La Porte shall hear and r~nder judgment on requests for variances from the requirements of this chapter. (b) The Planning and Zoning Commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this, chapter. (c) Any person or persons aggrieved by the decision of the Planning and Zoning Commission may appeal such decision in the courts of competent jurisdiction. e (d) The Building Inspector shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. . e Ordinance No. 1104 , Page 8. . (e) 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 section. (f) Generally, variances may be issued for new construc- tion and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and sur- rounded by lots with existing structures constructed below the base flood level, providing the relevant'factors in Section 10~-14(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (g) Upon consideration of the factors noted above and the intent of this chapter, the Planning and Zoning Com- mission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter. - (h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (i) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon (iJ. a showing of good and sufficient cause, (ii) a determination that failure to grant th~ variance would result in exceptional hardship to th~ 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. e (3) Any applicant to whom a variance is granted shall be given written notice that the structure will be per- mitted to be built with a lowest habitable floor eleva- tion no more than two (2) feet 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. ARTICLE IV provisions ~or flood hazard reduction Section 10~-16. General standards. In all ar~as of specia~ flood hazards the following pro- visions are required: (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; 'e (b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (c) All n~w construction or substantial improvements shall be constructed with materials and utility equip- ment resis~ant to flood damage; (d) All new and replacement water supply systems ~hall be designed to minimize or eliminate infiltration of flood wate~s into the system; e e Ordinance No. 1104 , Page 9. -- (e) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters; and, (f) On site waste disposal systems shall be located to avoid impairment to them or contamination from them. during flooding. 'Section 10~-17. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 10~-6, 10~-13, and 10~-19(b), the following provisions are required: e (a) Residential Construction - New Construction or sub- stantial improvement of any'residential structure shall have the lowest floor, 'including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a cer- tification to the Building Inspector that the standard of this subsection, as proposed in Section 10~-14(a) (1), is satisfied. (b) Non-residential Construction - New Construction or substantial improvement ot any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevatibn or, together with attendent utility and sani~ary facilities, be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or archi- tect shall submit a certification to the Building Inspector that the standards of this subsection as proposed in Section 10~-14(a) (3) are satisfied. (c) Mobile Homes - ,e (l) No mobile home shall be placed in a f100dway, or if app~icab1e, a co~stal high hazard area, except in an existing mobile home park or existing mobile home subd.iv~sion. (2) All mobile hom~s shall be anchored to resist f10tat~on, collapse, or lateral movement. Specific requirements shall be: (i) over-the-top ties at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties at each corner of the home with five additional ties p~r side at intermediate points and mobile homes less than 50 feet long requiring four addi~ional ties per side; e (iii) all componepts of the anchoring system be capable of carrying a force of 4,800 pounds; (iv) any additions to the mobile home be similarly anchored. e e Ordinance No. 1104' , P~ge 10. - (3) For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivi- sions for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the' repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect, or land surveyor shall submit a certification to the Building Inspector that the standard of this paragraph complies with Suhsection (a) of this Section; (ii) adequate surface drainage and access for a hauler are provided; and, e (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten ,feet apart, and (3) reinforcement is provided for pilings more than six feet above the ground level. Section 10~-18. Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in Section 1 O~- 6 are a:reas des igna.ted as' ,shallow flooding. These areas have spec~al 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 indeterminate; therefore, the following provisions apply: e (a) All new construction and substantial improvements of residential structures shall have the lowest floor, includ- ing base~ent, elevated above the crown of the nearest street to or above the depth number specified on the com- munity's fIRM. (b) All new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor, inc1uding,basement, elevated above the crown of the nearest street or above the depth number specified on the FIRM, or; , (2) Together with attendant utility ~nd sanitary facilities be completely floodproofed' to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capa- bility of resisting' hydrostatic and hydrodynamic loads and effects of buoyancy. (c) A registered professional engineer or architect shall submit a certification to the Building Inppector that the standards .as proposed in Section lO~-l4 (a~ (1) are satisfied. " .! 'e - e e . . Ordinance Noo 1104 , Page 11. Section 10~-19. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with Sections 10~-1, 10~-2, and 10~-3. (b) All proposals for the development of subdivisions shall meet Development Permit requirements of Sections 10~-7, 10~-14, and the provisions of Article IV of this Chapter. (c) Base flood elevation data shall be provided ~or subdivision proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Section 10~-6 or Section 10~-13(g) of this ordinance. (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. le) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. Section 2. Any section, sentence, phrase, clause, or any part of any section, sentence, phr~se, ,or clause, of this ordinance shall, for any reason, be held inv~lid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Commission to have passed each section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this 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). Each day any violation of this ordinance shall continue shall con- stit~te a separate offense. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 50 This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk 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 af,ter the passage 4It of this ordinance. ,'. - e - . Ordinance No. 1104 . , P~ge 12. PASSED AND APPROVED, this the 1978. ATTEST: c~~~ APPROVED: City Attorney 6 day of CITY OF LA PORTE ~r-" -.r W - J. J. Meza, M~or February ,