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52

ARTICLE III. - GENERAL PROVISIONS

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Sec. 50-31. - Lands to which this chapter applies.#

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § A), 2-28-12)

Sec. 50-32. - Basis for establishing the areas of special flood hazard.#

The areas of special flood hazard identified by the Federal Emergency Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) Burnet County, Texas and Incorporated Areas" dated, November 1, 2019 and the accompanying flood insurance rate maps (FIRM) identified in Table 52-32 (1) are hereby adopted by reference and serve as the basis for establishing flood hazard areas. Maps and studies that establish flood hazard areas are on file at the City of Burnet offices located at 1001 Buchanan Drive, Suite 4, Burnet, Texas 78611.

Table 50-32(1) Effective Flood Insurance Rate Map Panel Numbers and Dates Map Panel # Panel Date Map Panel # Panel Date

338 11/01/2019 480 11/01/2019

339 11/01/2019 500 11/01/2019

340 11/01/2019

460 11/01/2019

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § B), 2-28-12; Ord. No. 2012-33, § 3, 11-8-12; Ord. No. 2015-29, § 1, 1-12-16; Ord. No. 2019-21, § 1, 9-10-19)

Sec. 50-33. - Establishment of development permit.#

A floodplain development permit shall be required to ensure conformance with the provisions of this chapter.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § C), 2-28-12)

Sec. 50-34. - 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.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § D), 2-28-12)

Sec. 50-35. - Abrogation and greater restrictions.#

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § E), 2-28-12)

Sec. 50-36. - Interpretation.#

In the interpretation and application of this chapter, 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.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § F), 2-28-12)

Sec. 50-37. - Warning and disclaimer of liability.#

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 flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 2012-07, § 3(exh. A, Art. 3, § G), 2-28-12; Ord. No. 2019-21, § 2, 9-10-19)

Secs. 50-38—50-40. - Reserved.#