HomeMy WebLinkAboutO-1643ORDINANCE NO. 1643
AN ORDINANCE TO REPEAL AND REPLACE ORDINANCE NUMBER 1368,
ORDINANCE NO. 668, AND ORDINANCE NO. 786
KNOWN AS THE FLOOD DAMAGE PREVENTION ORDINANCE
CITY OF FAIRHOPE, ALABAMA
ARTICLE 1
Statutory Authorization. Findings of Fact. Purpose And Objectives
SECTION A STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1-24, Chapter
45, Sections 1-11, Chapter 52, Sections 1-84, and Title 41, Chapter 9, Section 166 of the Code
of Alabama, 1975, authorized local government units to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry. Therefore, the City Council, of
City of Fairhope. Alabama, does ordain as follows:
SECTION B FINDINGS OF FACT
(1) The flood hazard areas of City of Fairhope. Alabama are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
for flood relief and protection, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the occupancy in flood hazard areas of uses
vulnerable to floods, which are inadequately elevated, flood proofed, or otherwise
unprotected from flood damages, and by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities.
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 areas by provisions
designed to:
(1) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(2) restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which increase flood heights, velocities, or erosion;
(3) control filling, grading, dredging and other development which may increase flood
damage or erosion;
(4) prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters, or which may increase flood hazards to other lands; and
(5) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters.
SECTION D OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;