HomeMy WebLinkAboutO-1987-1533-A - actual date passed 10/28/1996
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Section C
Section D
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Section C
Section D
Section E
Section F
Section G
ARTICLE 4
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Section B
Section C
Section D
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Section C
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CITY OF LA PORTE, TEXAS
ORDINANCE NO. 1533-A
FLOOD DAMAGE PREVENTION ORDINANCE
TABLE OF CONTENTS
PAGE
STATUTORY AUTHORIZATION, FINDING OF FACT,
PURPOSE AND OBJECTIVE --------------------------------------------- 1-4
Statutory Authorization ------------------------------------------------------ 3
Find ing of F act ----------------------------------------------------------------- 3
Statement of Pu rpose -------------------------------------------------------- 3-4
Methods of Reducing Flood Losses ------------------------------------- 4
DE FIN I TI 0 N S ------------------------------------------------------------- 5-11
GENERAL PROVISIONS ----------------------------------------------- 12-13
Lands to Which This Ordinance Applies------------------------------- 12
Basis for Establishing the Areas of Special
Flood Hazard-------------------------------------------------------------- 12
Establishment of Development Permit --------------...------------------ 12
Compl ia nce -------------------------------------------------------------------- 12
Abrogation and Greater Restrictions------------------------------------ 12
I nterpretation ------------------------------------------------------------------ 12
Warning and Disclaimer of Liability--------------------------------------- 13
AD M I N I STRATI 0 N ------------------------------------------------------ 14-18
Designation of Flood Plain Administrator------------------------------ 14
Duties and Responsibilities of the Flood Plain
Ad ministrator ---------------------------------------------------------- 14-15
Permit Procedures ------------------------------------------------------- 15-16
Variances Procedures -------------------------------------------------- 16-18
PROVISIONS FOR FLOOD HAZARD REDUCTION ---------- 19-27
General Sta nda rd s----------------------------------------------------------- 1 9
Specific Sta nd a rd s ----------------------------------------------------------- 19
Residential Construction ----------------------------------------------- 19-20
Non-Reside ntia I Con struction--------------------------------------------- 20
E nclos u res --------------------------------------------------------------------- 20
Manufactured Homes --------------------------------------------------- 20-22
Recreational V eh icl es --------------------------------------------------- 22-23
Standards for Development Proposals--------------------------------- 23
Standards for Areas of Shallow Flooding
(ADI AH) Zones ------------------------------------------------------- 23-24
Floodways---------------------------------------------------------------------- 24
Coastal High Hazard Areas ------------------------------------------- 24-27
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ORDINANCE NO. 1533-A
AN ORDINANCE REPLACING CHAPTER 10 % OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, ENTITLED "FLOOD DAMAGE PREVENTION
ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY
AUTHORIZATION FOR SAID CHAPTER 10 1/2, AND MAKING A STATEMENT OF
THE PURPOSES OF SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING
THE LAND WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE
APPLIES, AND THE BASIS FOR WHICH SAID LANDS WERE DETERMINED;
PROVIDING FOR A FLOOD PLAIN DEVELOPMENT PERMIT; PROVIDING THAT NO
STRUCTURE OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE
CHANGED WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE; PROVIDING
FOR THE DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF
LA PORTE, TO ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES;
PROVIDING FOR A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING
GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION,
AND STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING
STANDARDS FOR DEVELOPMENT PROPOSALS WITH THE CITY OF LA PORTE;
PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Legislature of the State of Texas has in Article 8280-13,
V.T.C.S., as amended, delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses; and
WHEREAS, flood hazard areas of the City of La Porte are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare; and
WHEREAS, these flood losses are created by the cumulative effect of obstructions in
flood plains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other
lands because they are inadequately elevated, flood proofed, or otherwise protected
from flood damage; and
WHEREAS, the City Council of the City of La Porte deems it necessary in order
to promote the public health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by provision designed:
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To protect human life and health;
To minimize expenditure of public money 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;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in flood
plains;
To 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
To insure that potential buyers are notified that property is in a flood area; and
WHEREAS, in order to accomplish its purposes, the City Council of the City of La
Porte deems an Ordinance necessary which uses the following methods:
Restrict or prohibit 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 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 accommodation of flood waters;
Control filling, grading, dredging and other development which may increase
flood damage;
Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters of which may increase flood hazards to other lands.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE,
SECTION 1. Chapter 10 1/2, entitled Flood Damage Prevention Ordinance" of the
Code of Ordinances of the City of La Porte, is hereby amended, by replacing said
Chapter 10 % , to read as follows, to wit:
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ARTICLE 1
STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS
Section A.
Statutory Authorization
The Legislature of the State of Texas has in Article 8280-13, V. T. C. 5.,
delegated the responsibility to local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the City of La Porte, Harris County, Texas, does
ordain as follows:
Section B.
Findings of Fact
(1) 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 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.
(2) 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 C.
Statement of Purpose
It is the purpose of this Ordinance to promote 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 human life and health;
(2) To minimize expenditure of public money 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 business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
flood plains;
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(6) To 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
(7) To insure that potential buyers are notified that property is in a flood area;
Section D. Methods of Reducing Flood Losses
In order to accomplish its purpose, this Ordinance uses the following methods:
(1) Restrict or prohibit land uses that are dangerous to health, safety or
property in times of flood, or cause excessive increase in flood heights or
velocities;
(2) Require that land uses vulnerable to floods, including facilities which serve
as such land 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 accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
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ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
APPEAL - means a request to the Appeal Board for a review of the Flood Plain
Administrator's interpretation of any provision of this ordinance or a request for a
variance.
APPEAL BOARD - means the Planning and Zoning Commission of La Porte
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on La
Porte'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
flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within La Porte
subject to a one percent or greater chance of flooding in any given year. The area may
be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed
ratemaking has been completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AK, AH, AO, A1-99, VO, V1-30, VE orV.
BASE FLOOD - means the flood having a one percent chance of being equaled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on all sides.
BREAKAWAY WALLS - means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building of
supporting foundation system.
COASTAL HIGH HAZARD AREA - means 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 V1-30, VE or V.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
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DEVELOPMENT - means any man-made change in improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a
building in Zones A1-30, AK, A, A99, AO, AH, 8, C, X, and D, to have the top of the
elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom
of the lowest horizontal structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls parallel to
the flow of the water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In the
case of Zones A1-30, AK, A, A99, AO, AH, 8, C, X, D, "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones
V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building", even though the lower area is enclosed by means of
breakaway walls if the breakaway walls meet the standards of Section 60.3{d){5) of the
National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before November 1, 1975, the effective
date of the FIRM. "Existing construction" may also be referred to as "existing
structures. "
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community. Use of the term
"Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote
approval of the existence of said Manufactured Home Park or Subdivision as a lawful
existing use pursuant to the City of La Porte Zoning Ordinance, Development
Ordinance, or Mobile Home Park Ordinance.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
FLOOD BOUNDARY -FLOODWA Y MAP (FBFM) - means an official map of La Porte
on which Federal Emergency Management Agency has delineated the areas of special
flood hazard applicable to La Porte.
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FLOOD OR FLOODING - means a general and temporary condition of partial or
complete inundation 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.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of La Porte on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to La Porte.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles water surface elevations of the
base flood, as well as the Flood Boundary-Floodway Map and the Flood Insurance
Rate Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the areas
within a community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, a system typically includes hurricane tidal barriers, dams, reservoirs, levees
or dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
FLOODWA Y (REGULATORY FLOODWA Y) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation more than a
designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HABITABLE FLOOR - means any floor usable for the following 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.'
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
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HISTORIC STRUCTURE - means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of Interior as meeting the requirements for individual listing
on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
construction to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified by either:
(a) By an approved state program as determined by the Secretary of
Interior or;
(b) Directly by the Secretary of the Interior in states without approved
programs.
LA PORTE - means the City of La Porte, Texas.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of levee, or levees,
and associated structures, such as closure and drain devices, which are constructed
and operated in accordance with engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For flood plain
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management purposes the term "manufactured home" also includes park trailers, travel
trailers, and other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles, nor does it include modular homes.
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel of land (or
contiguous parcels of land) divided into two or more manufactured home lots for which
the facilities serving the lots (including but not limited to concrete pads, utilities, streets
and drainage) have been completed. A manufactured home park offers lots for rent or
lease. A manufactured home subdivision offers lots for sale. Use of the term
"Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote
approval of the existence of said Manufactured Home Park or Subdivision as a lawful
existing use pursuant to the City of La Porte Zoning Ordinance, Development
Ordinance, or Mobile Home Park Ordinance.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling), to which base
flood elevations shown on La Porte's Flood Insurance Rate Map are referenced.
MODULAR HOMES (INDUSTRIALIZED HOUSING) - means a dwelling that is
constructed, in conformance with the Texas Manufactured Housing Standards Act as
revosed, in one or more modules at a location other than the homesite, or is
constructed utilizing one or more modular components (Le. a structural portion of said
dwelling) and which is designed to be used as a permanent residence when the
modular components or modules are transported to the homesite and are joined
together, or are erected, and installed on a permanent foundation system, together with
associated plumbing, heating, air-conditioning, and electrical systems. Said "modular
home" shall bear the seal (as defined by said Act) of the Texas Department of Labor
and Standards. For the purposes of this ordinance, a modular home bearing such seal
is considered to offer resistance to flood damage equivalent to that of a site-built home
constructed in accordance with the City Building Code. Pursuant to amendments to the
Texas Manufactured Housing Standards Act, Modular Homes are also now referred to
as "Industrialized Housing."
NEW CONSTRUCTION - means, for flood plain management purposes, structures for
which the "start of construction" commenced on or after the effective date of a flood
plain management regulation adopted by the City of La Porte.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of facilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by the City of La Porte. Use of the term "New
Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote
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approval of the existence of said Manufactured Home Park or Subdivision as a lawful
existing use pursuant to the City of La Porte Zoning Ordinance, Development
Ordinance, or Mobile Home Park Ordinance.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measured at the largest horizontal projections; (iii)
designed to be self-propelled or permanently towable by a light duty truck; and (iv)
designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, placement, or other improvement
was within 180 days of the permit date, The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. 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 basement, footings, piers or foundations or
the erection 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
part of the main structure.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% 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, before the damage occurred. For the
purpose of this definition "substantial improvement" is considered 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 project 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
alteration of a structure listing on the National Register of Historic Places or a State
inventory of Historic Places.
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VARIANCE - Is a grant of relief to a person from the requirements of this ordinance
when specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this
ordinance. (For full requirements see Section 60.6 of the National Flood Insurance
Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with La Porte's flood plain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling) of floods of various
magnitudes and frequencies in the flood plains of coastal or riverine areas.
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ARTICLE 3.
GENERAL PROVISIONS
Section A.
lands to Which This Ordinance Applies
This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of
the City of La Porte.
Section B.
Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazards identified by the Federal Emergency Management
Agency is a scientific and engineering report entitled "The Flood Insurance Study for
the City of La Porte, Texas," dated November 6, 1996, with accompanying Flood
Insurance Rate Maps (FIRM) and Flood Boundary-Floodway Maps (FBFM) and any
revisions thereto are hereby adopted by reference and declared to be a part of this
Ordinance.
Section C.
Establishment of Development Permit
A Development Permit shall be required to ensure conformance with the provisions of
this Ordinance.
Section D.
Compliance
No structure or land shall hereafter be located, altered, or have its use changed without
full compliance with the terms of this Ordinance and other applicable regulations.
Section E.
Abrogation and Greater Restrictions
This Ordinance is not intended to repeal, abrogate, or impair any existing ordinance
easements, covenants, or deed restrictions. However, where this Ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
Section F.
InterDretation
In the interpretation and application of this Ordinance, all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers granted under State
statutes.
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Section G.
Warning and Disclaimer of Liability
The degree of flood protection required by this Ordinance 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 Ordinance does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Ordinance shall not create liability on the part of the
City of La Porte or any officer or any officer or employee thereof for any damages that
result from reliance on this Ordinance or any administrative decision lawfully made
thereunder.
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ARTICLE 4.
ADMINISTRATION
Section A.
Designation of the FloodDlain Administration
,
The Planning Director for the City of La Porte La Porte, or his designated representative
is hereby appointed the Floodplain Administrator to administer and implement the
provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to flood plain management.
Section B.
Duties and Responsibilities of the FloodDlain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
(2) Review Development Permit applications to determine whether proposed
building sites will be reasonably safe from flooding.
(3) Review, approve or deny all applications for Development Permits
required by adoption of this Ordinance.
(4) Review Development Permits for proposed development to assure that all
necessary permits have teen obtained from those Federal, State or local
governmental 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.
(5) 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
Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is the Harris County Flood Control District and
the Texas National Resource Conservation Commission, prior to any
alteration or relocation of a watercourse. Submit evidence of such
notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
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(8) When base flood elevation data has not been provided in accordance with
Article 3, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and f100dway data
available from a Federal, State or other source, in order to administer the
provisions of Article 5.
(9) When a regulatory f100dway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within Zones A 1-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, the City of La Porte may approve
certain development in Zones A 1-30, AE, and AH on the City of La Porte's
FIRM which increases the water surface elevation of the base flood by
more than one foot, provided that the City of La Porte first applies for a
conditional FIRM revision through FEMA.
Section C. Permit Procedures
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited
to, plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures,
and the location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential
structure shall be f1oodproofed;
c. A certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the flood proofing criteria
of Article 5, Section B(2);
c. Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
Ordinance 1533-A conti nul
Page 16
.
d. Maintain a record of all such information in accordance with Article 4,
Section (B)( 1 ).
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall
be based on all of the provisions of this Ordinance and the following relevant
factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
c. The danger that material may be swept onto other lands to the injury of
others;
d. The compatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f. 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;
g. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
h. The necessity to the facility of a waterfront location, 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 comprehensive plan for that
area.
Section D. Variance Procedures
(1) The Planning and Zoning Commission of La Porte, as appointed and established
by the City Council of La Porte, is designated the Appeal Board and shall hear
and render judgment on requests for variances from the requirements of this
ordinance.
Ordinance 1533-A continul
Page 17
.
(2) The Appeal Board 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 Floodplain Administrator in the enforcement or administration of this
ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision in the courts of competent jurisdiction.
(4) 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.
(5) 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 Ordinance.
(6) Variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size continuous to and surrounded
by lots with existing structures constructed below 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) Upon consideration of the factors noted above and the intent of this Ordinance,
the Appeal Board may attach such conditions to the granting of variances at it
deems necessary to further the purpose and objective of this Ordinance (Article
1, Section C).
(8) Variances shall not be issued within any designated f100dway if any increase in
flood levels during the base flood discharge would result.
(9) 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.
(10) 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.
Ordinance 1533-A continul
Page 18
e
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 whom 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.
{11} Variances may be issued by the City of La Porte 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 Article 4,
Section D{1 }-{9} 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.
Ordinance 1533-A continul
Page 19
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ARTICLE 5.
PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A.
General Standards
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements.
(1) All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent floatation, collapse or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2) All new construction of substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
Section B. Specific 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(8), or (iii) Article 5, Section
C(4), the following provisions are required:
(1) Residential Construction - new construction and substantial 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
Ordinance 1533-A contin.
Page 20
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certification to the Floodplain Administrator that the standard of this
subsection as proposed in Article 4, Section C(1 )a., is satisfied.
(2) Nonresidential Construction - new construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement) elevated
to or above the base flood level or, together with attendant utility and
sanitary facilities, be designed so that below the base flood level the
structure is watertight 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 architect shall develop and review structural
design, specifications, and plans for the construction, and shall certify that
the design and methods of construction are in accordance with accepted
standards of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in relation to mean sea
level) to which such structures are flood proofed shall be maintained by the
Floodplain Administrator.
(3) Enclosures
New construction and substantial improvements, with fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwater. Designs for meeting
requirement must either be certified by a registered professional engineer
or architect or meet or exceed the following minimum criteria:
(a) A minimum of two openings which have a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above
grade.
(c) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
Ordinance 1533-A contin.
Page 21
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(4) Manufactured Homes
(a) All manufactured homes shall be anchored to resist floatation,
collapse, or lateral movement by providing over-the-top and frame
ties to ground anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting wind. Specific
requirements shall be:
(i) Over-the-top ties at each of the four corners of the
manufactured home, with two additional ties per side at
intermediate locations and manufactured homes less than
5G feet long requiring one additional tie per side;
(ii) Frame ties at each corner of the home with five additional
ties per side at intermediate points and mobile homes less
than 50 feet long requiring four additional ties per side;
(Hi) All components of the anchoring system capable of carrying
a force of 4,800 pounds;
(iv) Any additions to the manufactured home similarly anchored.
(v) Alternate means of anchorage such as those presented in
the September 1985 FEMA Manual "Manufactured Home
Installation in Flood Hazard Area" may be used if approved
by the Flood Plain Administrator.
(b) For manufactured homes that are placed or substantially improved
within Zones A1-30, AH, and AE on the community's FIRM on
sites:
(i) outside of a manufactured home park or subdivision,
(ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or
subdivision, or
(iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial
damage" as a result of a flood,
be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the based flood
elevation and be secure anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
Ordinance 1533-A continul
Page 22
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(c) For manufactured home to be placed or substantially improved on
sites in an existing manufactured home park or subdivisions within
Zones A1-30, AH, and AE on the City of La Porte's FIRM that are
not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i) the lowest floor of the manufactured home is at or above the
base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
5. Recreational Vehicles
For recreational vehicles placed on sites within Zones A1-30- AH, and AE
on the City of La Porte's FIRM either:
(a) be on the site for fewer than 180 consecutive days,
(b) be fully licensed and ready for highway use, or
(c) meet the permit requirements of Article 4, Section C(1), and the
elevation and anchoring requirements for "manufactured homes" in
paragraph (4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
Section C. Standards for Development Proposals
(1) All development proposals including manufactured home park and
development shall be consistent with Article 1, Sections 8, C, and D of
this Ordinance.
(2) All proposals for developments including manufactured home parks and
subdivisions shall meet Development Permit requirements of Article 3,
Section C; Article 4, Section C; and the provisions or Article 5 of this
Ordinance.
Ordinance 1533-A continul
Page 23
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(3) Base flood elevation data shall be generated for subdivision proposals
and other proposed developments including manufactured home parks
and subdivisions, which are greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided pursuant to Article 3, Section B or Article
4, Section B(8) of this Ordinance.
(4) All development proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure
to flood hazards.
(5) All development proposals including manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or
eliminate flood damage.
Section D. Standards for Areas of Shallow Flooding (AD/AH) Zones
Located within the areas of special flood hazard established in Article 3, Section B, are
areas designated as areas of Shallow 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 characterized by ponding or
sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on La Porte's FIRM (at least two feet if no depth number is specified).
(2) All new construction and substantial improvements of nonresidential
structures;
(a) have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number
specified in feet on La Porte's FIRM (at least two feet if no depth
number is specified), or;
(b) together with attendant utility and sanitary facilities be designed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification
to the Floodplain Administrator that the standards of this Section, as
proposed in Article 4, Section C (1 )a., are satisfied.
Ordinance 1533-A continul
Page 24
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(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
Section E. Floodways
Located within areas of special flood hazard established in Article 3, Section 8, 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 following provisions shall apply;
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development unless certification by a
professional registered engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article
Section F. Coastal High Hazard Areas
Located within the areas of special flood hazard established in Article 3, Section 8, are
areas designated as Coastal High Hazard Areas (Zones V1-30, VE and for V.) These
areas have special flood hazards associated with high velocity waters from tidal surges
and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this
Ordinance. the following provisions must also aoply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the
lowest structural member of the lowest floor (excluding pilings and
columns) of all new and substantially improved structures, and whether or
not such structures contain a basement. The Floodplain Administrator
shall maintain a record of all such information.
(2) All new construction shall be located landward of the reach of mean high
tide.
(3) All new construction and substantial improvements shall be elevated on
pilings and columns so that:
(a) the bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the
base flood level;
Ordinance 1533-A continul
Page 25
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(b) the pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse and lateral movement due to
the effects of wind and water loading acting simultaneously on all
building components. Wind and water loading valves shall each
have a one percent chance of being equaled or exceeded in any
given year (1 DO-year mean recurrence interval);
(c) a registered professional engineer or architect shall develop or
review the structural design, specification and plans for the
construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for meeting the provisions of (3)(i) and (ii) of this section.
(4) Provide that all new construction and substantial improvement have the
space below the lowest floor either free of obstruction or constructed with
non-supporting breakaway walls, open wood lattice-work, or insect
screening intended to collapse and not cause displacement, or other
structural damage to the elevated portion of the building or supporting
foundation system.
For the purpose of this section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds per
square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so
required by local or state codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet
the following conditions:
(a) Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(b) The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used
in this determination shall each have one percent change of being
equaled or exceeded in any given year (1 DO-year mean recurrence
interval).
(5) If breakaway walls are utilized, such enclosed space shall be useable
solely for parking of vehicles, building access, or storage. Such space
shall not be used for human habitation.
Ordinance 1533-A continul
Page 26
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(6) Prohibit the use of fill for structural support of buildings.
(7) Prohibit man-made alteration of sand dunes and mangrove stands which
would increase potential flood damage.
(8) Manufactured Homes
Manufactured home placed or substantially improved within Zone V1-30,
V, and VE on the City of La Porte's FIRM on sites:
(a) outside of a manufactured home park or subdivision,
(b) in a new manufactured home park of subdivision,
(c) in an expansion to an existing manufactured home park or
subdivision, or
(d) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the
result of a flood,
must meet the standards of paragraphs (1) through (7) of this section and
that manufactured homes placed or substantially improved on other sites
in an existing manufactured home park or subdivision within Zones V1-30,
V, and VE on the City of La Porte's FIRM meet the requirements of Article
5, Section 894) of this ordinance.
(9) Recreational Vehicles
For recreational vehicles placed on sites within Zones V1-30- V, and VE
on the City of La Porte's FIRM either:
(a) be on the site for fewer than 180 consecutive days,
(b) be fully licensed and ready for highway use, or
(c) meet the permit requirements of Article 3, Section C of this
ordinance and paragraphs (1) through (7) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
, .
Ordinance 1533-A continut
Page 27
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SECTION 2.
All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of this Ordinance or any amendments hereto, or any
other ordinance, statute or code, that permits and regulates the subject matter of this
Ordinance; and as to such accrued violation, any court shall have all the powers that
existed prior to the effective date of this Ordinance.
SECTION 3.
The City Council officially finds, determines, 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 convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the 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 resolution 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 4.
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 remaining 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 5.
Any 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 Five
Hundred Dollars ($500.00).
, . .
Ordinance 1533-A continul
Page 28
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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 in the
City of La Porte at least twice within ten (10) days after the passage of this Ordinance.
PASSED AND APPROVED this the '28 day of OCTOBER
,1996.
CITY OF LA PORTE
BY:~~
an L. Malon ,Mayor
ATTEST:
By: S-9 ~~
Sue Lenes, City Secretary
., ..
Ordinance 1533-A continul
Page 29
e
CERTIFICATE
It is hereby found and declared by the City of La Porte that severe flooding has
occurred in the past within its jurisdiction and will certainly occur within the future; that
flooding is likely to result in infliction of serious personal injury or death, and is likely to
result in substantial injury or destruction of property within its jurisdiction; in order to
effectively comply with minimum standards for coverage under the National Flood
Insurance Program; and in order to effectively remedy the situation described herein, it
is necessary that this ordinance become effective immediately.
tkmUt/~
No an L. Mfllone,
Mayor
I, the undersigned, ~L.l -e- LeN es , do hereby certify that the
above is a true and correct copy of an Ordinance duly adopted by the City Council of
The City of La Porte, Texas, at a regular meeting duly convened on
t9c.;\"~~ ~8/ /99b
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~~LC2 ~~
City Secretary
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SUNDAY, NOVEMBER ~, 1996. THE BAYSHORE SUN . pAGE 7
{p~'::' ~~>;;\1i;iB%-'Yi!?1j~~;,-'~;J.~}'::,. :,<: :'f
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PUBLIC NOTICE
" ORDINANCE NO. f533-A
An Ordinance replacing Chapter 10 112 of
the Code of Ordinances of The City of La
Porte, enlitled .FLOOD DAMAGE'
PREVENTION, ORDINANCE.; making
findil'!9S of, fact and reciting staMory
aUthorization for said Chapter 10112, and
making a sIatement'of the purposes of same; ,
providing certain definitions; &S!8bIishing the'
land ~i~in the City of La Porte to which
this Ordinance applies, and the basis for
which said lands were 'determined;
provlcIng tlr a ftood plain deveJopment pemiI; . .
providing that no struCture.or land shall b8 '
located. altered, or have its use Changed .
:wJthout h!1J cOmpliance with this Ordln8nce; .
. ptoviding for the designation of'a flood P!aIn
administrator for the City of La Porte, to.
administer this Ordfnance andpermlt.
procedures;. providing, for a variance
proc:ectn; to be administenld by the Pfar:Rng' ,
and Zoning CorJ'lmlssion ,of the, City o~ La
Porte; providing general and specific
'standards 'for. Flood" Plain Hazard
Rec1don: and Standards b' areas d shabv .
flooding; providing standards :for
deVelopment Proposals with the City of La
Porte; providing a llavings clause; finding
compliance with the Qpen Meetings Law;
providing a Severability clause: providing .
that any person violating the terms of this .
Ordinance shall be deem8d' guilty 'of a
Misdemeanor and Uporl' cbnvictlon shaD be
fined In a sum not to exceed five hundred
dollars; and pnMdIng an efIectIw daI8 henIof.
. . CITY OF LA PORTE
. '.. slNORMAN L. MALONE
'. ',........ ,.;,.' MAYOR
"'ATTEST; .~. '. ..::, ,.... "', , .'
. slSUE lENES 'to:; ::L:r;" ~: r::., ;'
CITY SECRETARY. . : ~ ; - . ,'. '.
. . '. ." ""'~e....t,,'I""-'-" '.". ,-'
. '" '. "1' ~ ; to l '~'. ....".. ~, . :..
,--APPROVED: ":-. .... - , "
stJOHN D. ARMSTRONG'
ASSISTANT CITY ATTORNEY
.WEDNESDAY, NOVEMBER 6, 1996. .
,PUBLIC NOTICESJ
PUBLIC NOTICE
ORDINANCE NO. 1533-A
An Ordinance replacing Chapter 10 1/2 of
the Code of Ordinances of The City of La
Porte, entitled "FLOOD DAMAGE
PREVENTION ORDINANCE.; making
findings of fact and reciting statutory
authorization for said Chapter 10 112, and
making a statement of the purposes of same;
providing cerlain definitions; establishing the
land within the City of La Porte to which
this Ordinance applies. and the basis for
which said lands were determined;
plOllidng for a flood plain development permit;
providing that no structure or land shall be
located, altered, or have its use changed
without full compliance with this Ordinance;
providing for the designation of a flood plain
administrator for the City of La Porte. to
administer this Ordinance and permit
procedures; providing for a variance
procedure, to be administered by the Plaming
and Zoni!lg Commission of the City of La
Porle; providing general and specific
standards for Flood Plain Hazard
RecIuction, and Standards b' areas of shaIow
flooding; providing standards for
development proposals with the City of La
Porte; providing a savings clause; finding
compliance with the Open Meetings Law;
providing a Severability clause; providing
that any person violating the terms of this
Ordinance shall be deemed guilty of a
Misdemeanor and upon conviction shall be
fined in a sum not to exceed five hundred
dollars; and providing an effective date hereof.
CITY OF LA PORTE
slNORMAN L. MALONE
MAYOR
ATTEST:
slSUE LENES
CITY SECRETARY
APPROVED:
slJOHN D. ARMSTRONG
ASSISTANT CITY ATTORNEY
.
WEDNESDAY, NOVEMBER 6, 1996.
.
IPUElLIC NOTICES J
PUBLIC NOTICE
ORDINANCE NO. 1533-A
An Ordinance replacing Chapter 101/2 of
the Code of Ordinances of The City of La
Porte, entitled .FLOOD DAMAGE
PREVENTION ORDINANCE"; making
findings of fact and reciting statutory
authorization for said Chapter 10 1/2, and
making a statement of the purposes of same;
providing cer1ain definitions; establishing the
land within the City of La Porte to which
this Ordinance applies, and the basis for
which said lands were determined;
providing for a flood plain development permit;
providing that no structure or land shall be
located, altered, or have its use changed
without full compliance with this Ordinance; ,
providing for the designation of a flood plain
administrator for the City of La Porte, to
administer this Ordinance and permit
procedures; providing for a variance
procedure, to be administered by 1he Planning
and Zoning Commission of the City of La
Porte; providing general and specific
standards for Flood Plain Hazard
Reduction, and Standards for areas of shaDow
flooding; providing standards for
development proposals with the City of La
Porte; providing a savings clause; finding
compliance with the Open Meetings Law;
providing a Severability clause; providing
that any person violating the terms of this
Ordinance shall be deemed guilty of a
Misdemeanor and upon conviction shall be
fined in a sum not to exceed five hundred
dollars; and providing an effectiw date hereof.
CITY OF LA PORTE
s1NORMAN L. MALONE
MAYOR
ATTEST:
s1SUE LENES
CITY SECRETARY
APPROVED:
s1JOHN D. ARMSTRONG
ASSISTANT CITY ATTORNEY